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.