2005 Texas Agriculture Code CHAPTER 46. \'GO TEXAN\' PARTNER PROGRAM
AGRICULTURE CODE CHAPTER 46. 'GO TEXAN' PARTNER PROGRAM§ 46.001. FINDINGS. The legislature finds that this state needs a Texas agricultural product promotion program to increase consumer awareness of Texas agricultural products and expand the markets for Texas agricultural products. The legislature further finds that the Texas Department of Agriculture, through the establishment of the "Go Texan" Partner Program and use of program grants and matching funds, is the proper department to promote and advertise these products. Added by Acts 1999, 76th Leg., ch. 186, § 2, eff. Sept. 1, 1999. § 46.002. DEFINITION. In this chapter "Texas agricultural product" means an agricultural, apicultural, horticultural, silvicultural, viticultural, or vegetable product, either in its natural or processed state, that has been produced, processed, or otherwise had value added to the product in this state, including: (1) feed for use by livestock or poultry; (2) fish or other aquatic species; (3) livestock, a livestock product, or a livestock by-product; (4) planting seed; (5) poultry, a poultry product, or a poultry by-product; or (6) wildlife processed for food or by-products. Added by Acts 1999, 76th Leg., ch. 186, § 2, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 208, § 3, eff. May 21, 2001; Acts 2003, 78th Leg., ch. 604, § 2, eff. Sept. 1, 2003. § 46.003. GENERAL AUTHORITY. The Texas Department of Agriculture shall establish and maintain the "Go Texan" Partner Program to encourage the development and expansion of markets for Texas agricultural products through participation of eligible applicants who provide funds to be matched for promotional marketing programs implemented by the department. Added by Acts 1999, 76th Leg., ch. 186, § 2, eff. Sept. 1, 1999. § 46.004. ELIGIBLE APPLICANT. An eligible applicant must be: (1) a state or regional organization or board that promotes the marketing and sale of Texas agricultural products and does not stand to profit directly from specific sales of agricultural commodities; (2) a cooperative organization, as defined by department rule; (3) a state agency or board that promotes the marketing and sale of agricultural commodities; (4) a national organization or board that represents Texas producers and promotes the marketing and sale of Texas agricultural products; (5) an eligible small business, as defined by department rule; or (6) any other entity that promotes the marketing and sale of Texas agricultural products, as determined by the department. Added by Acts 1999, 76th Leg., ch. 186, § 2, eff. Sept. 1, 1999. § 46.005. DEPARTMENT POWERS AND DUTIES. The department shall administer the "Go Texan" Partner Program. The duties of the department in administering the program include: (1) developing procedures for acceptance and administration of funds received to administer the program, including appropriations, gifts, license plate revenue, and matching funds; (2) developing application and selection procedures including procedures for soliciting and accepting applications and screening applications for review by the "Go Texan" Partner Program Advisory Board; (3) developing a general promotional campaign for Texas agricultural products and advertising campaigns for specific Texas agricultural products based on project requests submitted by successful applicants; (4) developing advertising programs and promotional materials for use by program participants and establishing guidelines on advertising activities by participants; (5) contracting with media representatives for the purpose of dispersing promotional materials; and (6) receiving matching funds from program participants and donations or grants from any source, and establishing internal reporting requirements for use of funds. Added by Acts 1999, 76th Leg., ch. 186, § 2, eff. Sept. 1, 1999. § 46.006. REQUIREMENTS FOR PARTICIPATION. To be eligible for participation in the program through the use of matching funds under this chapter, an organization must: (1) be an eligible applicant under Section 46.004 of this chapter; (2) prepare and submit a project request and application as provided by department rule; and (3) meet any other requirement established by department rule. Added by Acts 1999, 76th Leg., ch. 186, § 2, eff. Sept. 1, 1999. § 46.007. PROJECT REQUESTS. (a) A project request submitted by an eligible participant must describe the advertising or other market-oriented promotional activities to be carried out by the department using matching funds. (b) The department may not approve a project request submitted under this section unless the request includes: (1) a specific description of the project and how assistance received under this chapter could be expended in implementing the request; (2) a description of anticipated benefits to be achieved as a result of the marketing promotional program; and (3) additional information as required by the department. Added by Acts 1999, 76th Leg., ch. 186, § 2, eff. Sept. 1, 1999. § 46.008. "GO TEXAN" PARTNER PROGRAM ACCOUNT. (a) The "Go Texan" partner program account is an account in the general revenue fund. The account is composed of: (1) legislative appropriations; (2) gifts, grants, donations, and matching funds received under Subsection (b); (3) money required to be deposited in the account under Section 502.2761, Transportation Code; and (4) other money required by law to be deposited in the account. (b) The department may solicit and accept gifts in kind, donations, and grants of money from the federal government, local governments, private corporations, or other persons to be used for the purposes of this chapter. (c) Money in the account may be appropriated to the department only for the purpose of implementing and maintaining the "Go Texan" Partner Program. (d) Income from money in the account shall be credited to the account. (e) The account is exempt from the application of Section 403.095, Government Code. Added by Acts 1999, 76th Leg., ch. 186, § 2, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 208, § 4, eff. May 21, 2001. § 46.009. USE OF FUNDS. (a) Funds received under this chapter may only be used for activities promoting the sale of Texas agricultural products. The department by rule may allocate funds to categories of eligible participants and to general or product-specific promotional activities. The department may use the funds in an amount not to exceed $5,000 in a state fiscal year for the purchase of food and beverage refreshments at "Go Texan" promotional events. (b) The department shall adopt rules to ensure that money in the "Go Texan" partner program account is used only for the purposes prescribed under this section. (c) The payment of the administrative expenses under the program may not exceed seven percent of the amount of the legislative appropriation each biennium for the "Go Texan" partner program account. Added by Acts 1999, 76th Leg., ch. 186, § 2, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 208, § 5, eff. May 21, 2001. § 46.0095. SALE OF PROMOTIONAL ITEMS. (a) The department may sell or contract for the sale of "Go Texan" promotional items, including clothing, posters, and banners, designed to promote Texas agricultural products. The department may use its Internet website to advertise and sell those items. (b) Money received from the sale of promotional items under this section shall be deposited to the credit of the "Go Texan" partner program account in the general revenue fund. Added by Acts 2001, 77th Leg., ch. 208, § 6, eff. May 21, 2001. § 46.010. "GO TEXAN" PARTNER PROGRAM ADVISORY BOARD. (a) The "Go Texan" Partner Program Advisory Board is composed of at least eight members appointed by the commissioner to assist the department in the implementation of the "Go Texan" Partner Program. (b) The board shall include: (1) one representative from the department; (2) one representative from the United States Department of Agriculture (USDA) Commodity Credit Corporation, involved in the promotion of agricultural commodities, who shall serve as a nonvoting member of the board and is not a member for purposes of establishing a quorum; (3) one representative each from the radio, print, and television advertising media; (4) one representative from the advertising profession; (5) one consumer representative; (6) one representative from the Internet website or electronic commerce industry; (7) one representative with demonstrated expertise in economic analysis; and (8) other members the commissioner determines as necessary for the purposes of this chapter. (c) A member of the advisory board serves at the pleasure of the commissioner. (d) A member serves without compensation but is entitled to reimbursement for actual expenses incurred in the performance of official board duties, subject to approval of the commissioner. Money for expense reimbursement shall be deducted from the "Go Texan" partner program account. (e) Except as provided by Subsection (d), Chapter 2110, Government Code, does not apply to the board. (f) An eligible applicant is not ineligible to participate in the program established under this chapter solely because a board member is also an officer, director, or employee of the applicant organization, provided that the board member shall be recused from an action taken by the board on an application involving an applicant organization with which the board member serves as an officer, director, or employee. (g) The board shall: (1) review applications of eligible participants and approve or deny funding under this chapter; (2) advise the department on matters related to the administration of the account; and (3) advise the department on the adoption of rules relating to the administration of the "Go Texan" Partner Program. (h) The commissioner shall provide the board with staff necessary to assist the board in carrying out its duties under this chapter. Added by Acts 1999, 76th Leg., ch. 186, § 2, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 208, § 7, eff. May 21, 2001. § 46.011. CRITERIA FOR ALLOCATION OF FUNDS. The department shall by rule and with the advice of the board establish criteria for allocation of funds to participant projects. Rules adopted under this section must include: (1) the factors to be considered in evaluating projects; and (2) a maximum funding amount for each project. Added by Acts 1999, 76th Leg., ch. 186, § 2, eff. Sept. 1, 1999. § 46.012. RULEMAKING AUTHORITY. The department shall adopt rules to administer this chapter including rules for the use of the "Go Texan" logo. Added by Acts 1999, 76th Leg., ch. 186, § 2, eff. Sept. 1, 1999. § 46.013. ADMINISTRATIVE PENALTIES; CIVIL PENALTIES; INJUNCTIVE RELIEF. (a) In addition to the other provisions of this chapter, a person violates this chapter if the person: (1) uses, reproduces, or distributes the logo of the "Go Texan" Partner Program without registering with the department; or (2) violates a rule adopted by the department under this chapter. (b) A person who violates this chapter: (1) forfeits the person's ability to use the logo of the "Go Texan" Partner Program; and (2) is ineligible for a grant of funds under this chapter. (c) The department may assess an administrative penalty as provided by Section 12.020 against a person who violates this chapter. (d) A person who violates this chapter is subject to a civil penalty not to exceed $500 for each violation. Each day that a violation continues may be considered a separate violation for purposes of a civil penalty assessed under this chapter. (e) At the request of the department, the attorney general or the county attorney or district attorney of the county in which the violation is alleged to have occurred shall file suit to collect the civil penalty. (f) A civil penalty collected under this section shall be deposited to the credit of the general revenue fund. (g) At the request of the department, the attorney general or the county or district attorney of the county in which the alleged violation is threatened to occur or is occurring shall file suit for the appropriate injunctive relief to prevent or abate a violation of this chapter. Venue for an action brought under this subsection is in Travis County. Added by Acts 1999, 76th Leg., ch. 186, § 2, eff. Sept. 1, 1999.
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