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


Office of House Bill AnalysisC.S.S.B. 571
By: Lucio
Agriculture & Livestock
3/28/2001
Committee Report (Substituted)



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. C.S.S.B. 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

C.S.S.B. 571 amends the Agriculture Code to require the Department of
Agriculture (department) to encourage the promotion of agriculture,
horticulture, and related industries. C.S.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 removes the requirement that the fee must be
designed to recover the costs of promotion.  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.  

C.S.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.  

 COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 571 modifies the original by removing provisions requiring a
membership fee to recover the costs of promotion.