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AN ACT
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relating to the membership of and the beef marketing, education, |
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research, and promotion programs of the Texas Beef Council. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 41.151(2), Agriculture Code, is amended |
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to read as follows: |
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(2) "Council" means the Beef Promotion and Research |
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Council of Texas [Beef Council]. |
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SECTION 2. Section 41.152(b), Agriculture Code, is amended |
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to read as follows: |
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(b) The council shall be the certified organization to plan, |
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implement, and operate research, education, promotion, and |
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marketing programs under this subchapter. If the council |
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establishes a state beef check off program under Section 41.1571, |
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the council shall administer that program. [The council is the
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state beef council qualified to collect the proceeds of and
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administer in this state the beef check off program established by
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federal law.] |
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SECTION 3. Section 41.156, Agriculture Code, is amended by |
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amending Subsections (a) and (c) and adding Subsection (d) to read |
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as follows: |
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(a) A member of the council must be: |
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(1) nominated by the entity qualified to collect the |
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proceeds of and administer the beef check off program established |
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by federal law in this state or, in the entity's absence, the |
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certified organizations that composed the entity; and |
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(2) appointed by the commissioner. [The council is
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composed of 20 members nominated by the council and appointed by the
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commissioner as follows:
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[(1)
three representatives of the Texas and
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Southwestern Cattle Raisers Association;
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[(2)
three representatives of the Texas Cattle Feeders
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Association;
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[(3) three representatives of the Texas Farm Bureau;
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[(4)
two representatives of the Independent
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Cattlemen's Association of Texas;
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[(5)
two representatives of the Texas purebred cattle
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industry;
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[(6) two representatives of the Texas dairy industry;
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[(7)
one representative of the Livestock Marketing
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Association of Texas;
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[(8)
one representative of meat packer and exporter
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associations;
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[(9) one representative of Texas CattleWomen; and
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[(10) two at-large directors.] |
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(c) The commissioner[, on recommendation of the council,] |
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shall fill a vacancy on the council by appointment for the unexpired |
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term from nominations received in accordance with Subsection (a). |
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(d) A council member is not a state officer for purposes of |
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Section 572.021, Government Code, solely because of the member's |
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service on the council. |
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SECTION 4. Section 41.157, Agriculture Code, is amended to |
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read as follows: |
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Sec. 41.157. GENERAL POWERS OF COUNCIL. The council may |
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take action or exercise other authority as necessary to execute any |
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act authorized by this chapter or the Texas Nonprofit Corporation |
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Law as described by Section 1.008, Business Organizations Code |
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[Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's
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Texas Civil Statutes)]. The council may contract or enter into |
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agreements with the entity qualified to collect the proceeds of and |
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administer the beef check off program established by federal law in |
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this state. |
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SECTION 5. Subchapter H, Chapter 41, Agriculture Code, is |
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amended by adding Section 41.1571 to read as follows: |
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Sec. 41.1571. STATE BEEF CHECK OFF PROGRAM. The council may |
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establish and operate a state beef check off program that is |
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separate from the beef check off program established by federal |
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law. |
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SECTION 6. The change in law made by this Act regarding the |
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appointment of members of the Texas Beef Council does not affect the |
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entitlement of a member serving on the council immediately before |
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the effective date of this Act to continue to serve as a member of |
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the Beef Promotion and Research Council of Texas for the remainder |
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of the member's term. The change in law applies only to a member |
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appointed on or after the effective date of this Act. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |
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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. 2312 was passed by the House on May 2, |
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2013, by the following vote: Yeas 146, Nays 1, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2312 was passed by the Senate on May |
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20, 2013, by the following vote: Yeas 31, Nays 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 |