CHAPTER 46. "GO TEXAN" PARTNER PROGRAM - Texas Statutes

AGRICULTURE CODE

TITLE 3. AGRICULTURAL RESEARCH AND PROMOTION

CHAPTER 46. "GO TEXAN" PARTNER PROGRAM

Sec. 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, Sec. 2, eff. Sept. 1,

1999.

Sec. 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, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 208, Sec. 3, eff. May

21, 2001; Acts 2003, 78th Leg., ch. 604, Sec. 2, eff. Sept. 1,

2003.

Sec. 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, Sec. 2, eff. Sept. 1,

1999.

Sec. 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, Sec. 2, eff. Sept. 1,

1999.

Sec. 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, Sec. 2, eff. Sept. 1,

1999.

Sec. 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, Sec. 2, eff. Sept. 1,

1999.

Sec. 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, Sec. 2, eff. Sept. 1,

1999.

Sec. 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, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 208, Sec. 4, eff. May

21, 2001.

Sec. 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, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 208, Sec. 5, eff. May

21, 2001.

Sec. 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, Sec. 6, eff. May 21,

2001.

Sec. 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, Sec. 2, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 208, Sec. 7, eff. May

21, 2001.

Sec. 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, Sec. 2, eff. Sept. 1,

1999.

Sec. 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, Sec. 2, eff. Sept. 1,

1999.

Sec. 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, Sec. 2, eff. Sept. 1,

1999.