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.
