H.B. No. 3496
 
 
 
 
AN ACT
  relating to the establishment of the Texas Nursery and Floral
  Advisory Council and the promotion of Texas nursery and floral
  industries.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 12, Agriculture Code, is amended by
  adding Sections 12.0177 and 12.0178 to read as follows:
         Sec. 12.0177.  TEXAS NURSERY AND FLORAL ACCOUNT. Amounts
  collected under Sections 71.043(b)(2) and 71.057(e)(2) shall be
  deposited to the credit of the Texas nursery and floral account.
  The Texas nursery and floral account is an account in the general
  revenue fund. Money in the account may be used only by the
  department for:
               (1)  making grants to promote and market the Texas
  nursery and floral industries; and
               (2)  administering this section.
         Sec. 12.0178.  TEXAS NURSERY AND FLORAL ADVISORY COUNCIL.
  (a)  The department shall establish and coordinate the Texas
  Nursery and Floral Advisory Council. The council consists of seven
  members appointed by the commissioner who have each been engaged in
  the nursery, floral, or landscaping business for at least five
  years.
         (b)  The council shall advise the department on the most
  effective methods for promoting and marketing the Texas nursery and
  floral industries.
         (c)  A member of the council receives no additional
  compensation for serving on the council and may not be reimbursed
  for travel or other expenses incurred while conducting the business
  of the council.
         (d)  The council is not subject to Chapter 2110, Government
  Code.
         SECTION 2.  Section 71.043, Agriculture Code, is amended by
  amending Subsection (b) and adding Subsection (b-1) to read as
  follows:
         (b)  A florist or nursery owner may apply for registration or
  renewal of registration by submitting an application prescribed by
  the department and an annual fee. The fee shall be the sum of:
               (1)  an amount based on the size and type of a location,
  as defined by department rule, where a florist or nursery owner
  grows for sale or lease or offers for sale or lease a florist item or
  nursery product; and
               (2)  an optional additional amount equal to 15 percent
  of the amount described by Subdivision (1), to fund the Texas
  nursery and floral account.
         (b-1)  The department shall allow an applicant to elect
  whether to pay the amount described by Subsection (b)(2).  An
  applicant is not required to pay that amount to apply for or renew
  registration.
         SECTION 3.  Section 71.057, Agriculture Code, is amended by
  amending Subsection (e) and adding Subsection (e-1) to read as
  follows:
         (e)  A nursery dealer or nursery agent may apply for
  registration or renewal of registration by submitting an
  application prescribed by the department and an annual fee. The fee
  shall be the sum of:
               (1)  an amount based on the size and type of a location,
  as defined by department rule, where a nursery dealer or nursery
  agent offers a nursery product for sale or lease; and
               (2)  an optional additional amount equal to 15 percent
  of the amount described by Subdivision (1), to fund the Texas
  nursery and floral account.
         (e-1)  The department shall allow an applicant to elect
  whether to pay the amount described by Subsection (e)(2).  An
  applicant is not required to pay that amount to apply for or renew
  registration.
         SECTION 4.  The changes in law made by this Act to Sections
  71.043 and 71.057, Agriculture Code, apply only to a floral or
  nursery registration or the renewal of a floral or nursery
  registration that occurs on or after the effective date of this Act.
  A registration or renewal that occurs before that date is governed
  by the law in effect on the date the registration expires, and the
  former law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3496 was passed by the House on April
  30, 2009, by the following vote:  Yeas 144, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3496 was passed by the Senate on May
  26, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor