HBA-JLV S.B. 571 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 571
By: Lucio
Agriculture & Livestock
3/23/2001
Engrossed



BACKGROUND AND PURPOSE 

The 76th legislature established the "Go Texan" Partner Program (GOTEPP), a
program of the Texas Department of Agriculture, to increase consumer
awareness, expand the markets for, and promote Texas agricultural products.
However, GOTEPP does not provide for the marketing of agricultural
products. Senate Bill 571 amends provisions of GOTEPP to increase the
promotion of agricultural products and to allow the program to operate more
efficiently.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Department of Agriculture in
SECTION 2 (Section 12.0175, Agriculture Code) of this bill.  

ANALYSIS

Senate Bill 571 amends the Agriculture Code to require the Department of
Agriculture (department) to encourage the promotion of agriculture,
horticulture, and related industries. S.B. 571 authorizes the department to
establish by rule a program to promote and market agricultural products
grown or processed in the state or products made from ingredients grown in
the state. The bill removes the $50 limit on the fee the department is
authorized to charge each participant for membership in the program.  The
bill authorizes the department to adopt rules to administer the program,
including rules governing the use of any registered logo of the department.
The department is authorized to revoke or cancel a certificate of
registration or license issued under a program established by the
department if a participant fails to comply with a rule adopted by the
department. The bill adds equine species, livestock or poultry feed,
livestock or poultry byproducts, wildlife processed for food or
by-products, and apicultural and silvicultural products into the definition
of a "Texas agricultural product" for the purposes of the 'Go Texan'
Partner Program (GOTEPP). The department is authorized to solicit and
accept donations and to use 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. The bill provides that the payment of
administrative expenses under GOTEPP may not exceed seven percent of the
amount of the legislative appropriation each biennium for GOTEPP. The bill
also authorizes the department to sell or contract for the sale of "Go
Texan" promotional items and to use its Internet website to advertise and
sell those items. Money received from the sale of promotional items is
required to be deposited to the credit of the GOTEPP account in the general
revenue fund. The bill also modifies the composition of the GOTEPP advisory
board.  

S.B. 571 amends the Transportation Code to require the Department of
Transportation to issue specially designed license plates for farm
vehicles, passenger vehicles, and commercial motor vehicles to support the
promotion of Texas agricultural products.  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.