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AN ACT
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relating to the marketing of shrimp and aquaculture products. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 47.051(5), Agriculture Code, is amended |
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to read as follows: |
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(5) "Texas-produced shrimp" means wild-caught shrimp |
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commercially harvested from coastal waters by a shrimp boat |
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licensed by the Parks and Wildlife Department [and produced within
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the borders of the state]. |
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SECTION 2. Section 47.052(a), Agriculture Code, is amended |
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to read as follows: |
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(a) The Texas shrimp marketing assistance program is |
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established in the department to assist the Texas wild-caught |
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shrimping [shrimp] industry in promoting and marketing |
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Texas-produced shrimp and educating the public about the Texas |
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wild-caught shrimping [shrimp] industry and Texas-produced shrimp. |
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SECTION 3. Section 47.053(b), Agriculture Code, is amended |
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to read as follows: |
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(b) The advisory committee shall be composed of the |
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following nine [10] members: |
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(1) two owners of commercial bay shrimp boats; |
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(2) two owners of commercial gulf shrimp boats; |
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(3) [one member of the Texas shrimp aquaculture
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industry;
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[(4)] one retail wild-caught shrimp [fish] dealer; |
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(4) [(5)] one wholesale wild-caught shrimp [fish] |
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dealer; |
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(5) [(6)] one person employed by an institution of |
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higher education as a researcher or instructor specializing in the |
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area of food science, particularly seafood; |
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(6) [(7)] one member of the seafood restaurant |
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industry; and |
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(7) [(8)] one representative of the public. |
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SECTION 4. Section 47.054(b), Agriculture Code, is amended |
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to read as follows: |
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(b) Unless otherwise expressly provided by the legislature, |
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the source of funding for the payment of employee salaries shall be |
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funds generated from the program, including the 10 percent license |
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fee increase authorized by Section 77.002, Parks and Wildlife |
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Code[, and the surcharge on license fees authorized by Section
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134.014]. |
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SECTION 5. Section 47.055, Agriculture Code, is amended to |
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read as follows: |
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Sec. 47.055. PROMOTION, MARKETING, AND EDUCATION. The |
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program shall promote and advertise the Texas wild-caught shrimping |
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[shrimp] industry by: |
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(1) developing and maintaining a database of Texas |
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shrimp wholesalers that sell Texas-produced shrimp; |
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(2) operating a toll-free telephone number to: |
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(A) receive inquiries from persons who wish to |
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purchase a particular type of Texas-produced shrimp; and |
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(B) make information about the Texas wild-caught |
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shrimping [shrimp] industry available to the public; |
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(3) developing a wild-caught shrimping [shrimp] |
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industry marketing plan to increase the consumption of |
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Texas-produced shrimp; |
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(4) educating the public about Texas-produced shrimp |
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by providing publicity about the information in the program's |
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database to the public and making the information available to the |
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public through the department's toll-free telephone number and |
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electronically through the Internet; |
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(5) promoting the Texas wild-caught shrimping |
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[shrimp] industry; and |
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(6) promoting and marketing, and educating consumers |
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about, Texas-produced shrimp using any other method the |
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commissioner determines appropriate. |
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SECTION 6. Section 134.014, Agriculture Code, is amended to |
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read as follows: |
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Sec. 134.014. LICENSE FEES. [(a)] The department shall |
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issue an aquaculture license or a fish farm vehicle license on |
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completion of applicable license requirements and the payment of a |
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fee by the applicant, as provided by department rule. |
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[(b)
In addition to the fees under Subsection (a), the
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department shall assess and collect a surcharge on the annual
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license fee for aquaculture facilities producing shrimp for the
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purpose of funding the Texas shrimp marketing assistance program
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created under Subchapter B, Chapter 47. The amount of the surcharge
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shall be set each year, as provided by department rule, in an amount
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equal to 10 percent of the fees generated by the Parks and Wildlife
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Department under Section 77.002(c), Parks and Wildlife Code.
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[(c)
The department shall deposit at the end of each
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quarter, to the credit of the shrimp marketing account, the fees
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received under Subsection (b) for use by the department to conduct
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and operate the Texas shrimp marketing assistance program created
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under Subchapter B, Chapter 47.] |
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SECTION 7. Section 77.002(b), Parks and Wildlife Code, is |
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amended to read as follows: |
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(b) The shrimp marketing account is an account in the |
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general revenue fund to be used by the Department of Agriculture |
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solely for the purpose of the Texas shrimp marketing assistance |
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program established under Subchapter B, Chapter 47, Agriculture |
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Code. The account consists of funds deposited to the account under |
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this section [and Section 134.014(b), Agriculture Code]. The |
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account is exempt from the application of Section 11.032 of this |
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code and Section 403.095, Government Code. |
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SECTION 8. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4593 was passed by the House on May 1, |
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2009, by the following vote: Yeas 122, Nays 20, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 4593 on May 23, 2009, by the following vote: Yeas 143, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4593 was passed by the Senate, with |
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amendments, on May 19, 2009, by the following vote: Yeas 30, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |