CHAPTER 490C. PROMOTION OF TEXAS MANUFACTURED PRODUCTS

GOVERNMENT CODE

TITLE 4. EXECUTIVE BRANCH

SUBTITLE F. COMMERCE AND INDUSTRIAL DEVELOPMENT

CHAPTER 490C. PROMOTION OF TEXAS MANUFACTURED PRODUCTS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 490C.001. DEFINITIONS. In this chapter:

(1) "Genuine Texas program" means the program established by the

office under this chapter to develop and expand markets for Texas

manufactured products.

(2) "Texas manufactured product" means a product that is

manufactured in this state or otherwise has value added to the

product in this state. The term does not include a Texas

agricultural product, as defined by Section 46.002, Agriculture

Code.

(3) "Office" means the governor's office of economic

development.

Added by Acts 2007, 80th Leg., R.S., Ch.

337, Sec. 1, eff. September 1, 2007.

SUBCHAPTER B. POWERS AND DUTIES OF OFFICE

Sec. 490C.051. ESTABLISHMENT OF GENUINE TEXAS PROGRAM. The

office may establish and administer a program in accordance with

this chapter to develop and expand markets for Texas manufactured

products.

Added by Acts 2007, 80th Leg., R.S., Ch.

337, Sec. 1, eff. September 1, 2007.

Sec. 490C.052. RULEMAKING AUTHORITY. The office may adopt rules

and establish procedures to administer this chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

337, Sec. 1, eff. September 1, 2007.

Sec. 490C.053. DUTIES OF OFFICE. If the office establishes a

Genuine Texas program under this chapter, the office shall:

(1) design and administer the use of a logo for Texas

manufactured products and adopt manufactured product quality

standards and other criteria for evaluating applications to use

the logo;

(2) develop procedures for acceptance and administration of

money received to administer the program;

(3) develop a general promotional campaign for Texas

manufactured products and advertising campaigns for specific

Texas manufactured products;

(4) contract with media representatives to disperse promotional

materials;

(5) receive gifts, donations, or grants from any source and

establish internal reporting requirements for use of available

money; and

(6) enter into a memorandum of understanding with the Department

of Agriculture to minimize duplication of programs.

Added by Acts 2007, 80th Leg., R.S., Ch.

337, Sec. 1, eff. September 1, 2007.

Sec. 490C.054. FEE FOR USE OF LOGO. To cover the costs of

administering the Genuine Texas program, the office may require a

person to pay a fee not to exceed $100 a year for use of the logo

designed under Section 490C.053(1).

Added by Acts 2007, 80th Leg., R.S., Ch.

337, Sec. 1, eff. September 1, 2007.

Sec. 490C.055. PROMOTIONAL EVENTS. The office may use available

money to purchase food and beverages for a promotional event.

Added by Acts 2007, 80th Leg., R.S., Ch.

337, Sec. 1, eff. September 1, 2007.

Sec. 490C.056. SALE OF PROMOTIONAL ITEMS. (a) The office may

sell or contract for the sale of items, including clothing,

posters, and banners, to promote Texas manufactured products.

(b) The office may use the office's Internet website to

advertise and sell the items described by Subsection (a).

Added by Acts 2007, 80th Leg., R.S., Ch.

337, Sec. 1, eff. September 1, 2007.

Sec. 490C.057. ADVISORY BOARD. (a) If the office establishes a

Genuine Texas program as authorized by this chapter, the office

shall appoint an advisory board to assist in the implementation

of the program.

(b) A member of the advisory board serves at the pleasure of the

office.

(c) A member of the advisory board serves without compensation

but is entitled to reimbursement for actual expenses incurred in

the performance of official board duties, subject to approval of

the office.

(d) Chapter 2110 does not apply to the advisory board.

(e) At the request of the office, the advisory board shall

advise the office on the adoption of rules and the establishment

of procedures relating to the administration of the Genuine Texas

program.

(f) The office shall provide the advisory board with the staff

necessary to assist the board in carrying out the board's duties

under this section.

Added by Acts 2007, 80th Leg., R.S., Ch.

337, Sec. 1, eff. September 1, 2007.

SUBCHAPTER C. ENFORCEMENT

Sec. 490C.101. VIOLATION. A person violates this chapter if the

person:

(1) uses, reproduces, or distributes the logo designed by the

office under Section 490C.053 without the consent of the office;

or

(2) violates a rule adopted or a procedure established by the

office under this chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

337, Sec. 1, eff. September 1, 2007.

Sec. 490C.102. SUSPENSION OR FORFEITURE OF RIGHT TO USE LOGO.

(a) The office may temporarily suspend or permanently forfeit

the right of a person who violates this chapter to use the logo

of the Genuine Texas program.

(b) Before suspending or forfeiting a person's right to use the

logo, the office may consider the circumstances and seriousness

of the violation, any efforts by the person to correct the

violation, and whether the person previously has violated this

chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

337, Sec. 1, eff. September 1, 2007.

Sec. 490C.103. ADMINISTRATIVE PENALTY. The office may impose an

administrative penalty not to exceed $500 against a person who

violates this chapter. A proceeding to impose the administrative

penalty is a contested case under Chapter 2001.

Added by Acts 2007, 80th Leg., R.S., Ch.

337, Sec. 1, eff. September 1, 2007.

Sec. 490C.104. CIVIL PENALTY. A person who violates this

chapter is subject to a civil penalty not to exceed $500 for each

violation.

Added by Acts 2007, 80th Leg., R.S., Ch.

337, Sec. 1, eff. September 1, 2007.

Sec. 490C.105. CALCULATING AMOUNT OF ADMINISTRATIVE OR CIVIL

PENALTY. (a) Each day that a violation continues may be

considered a separate violation for purposes of an administrative

or civil penalty under this subchapter.

(b) The amount of an administrative or civil penalty must be

based on:

(1) the seriousness of the violation, including the nature,

circumstances, extent, and gravity of the violation;

(2) the history of previous violations;

(3) the amount necessary to deter a future violation;

(4) efforts by the person to correct the violation; and

(5) any other matter that justice may require.

Added by Acts 2007, 80th Leg., R.S., Ch.

337, Sec. 1, eff. September 1, 2007.

Sec. 490C.106. ENFORCEMENT OF ADMINISTRATIVE OR CIVIL PENALTY.

(a) The enforcement of an administrative penalty under this

section may be stayed during the time the order is under judicial

review if the person pays the penalty to the clerk of the court

or files a supersedeas bond with the court in the amount of the

penalty. A person who cannot afford to pay the penalty or file

the bond may stay the enforcement by filing an affidavit in the

manner required by the Texas Rules of Civil Procedure for a party

who cannot afford to file security for costs, subject to the

right of the office to contest the affidavit as provided by those

rules.

(b) At the request of the office, the attorney general or the

county attorney or district attorney of the county in which the

violation is alleged to have occurred may file suit to collect

the civil penalty.

Added by Acts 2007, 80th Leg., R.S., Ch.

337, Sec. 1, eff. September 1, 2007.

Sec. 490C.107. DEPOSIT OF MONEY. An administrative or civil

penalty collected under this subchapter shall be deposited to the

credit of the general revenue fund.

Added by Acts 2007, 80th Leg., R.S., Ch.

337, Sec. 1, eff. September 1, 2007.

Sec. 490C.108. INJUNCTIVE RELIEF. (a) At the request of the

office, the attorney general or the county or district attorney

of the county in which the alleged violation is threatened to

occur or is occurring may file suit for the appropriate

injunctive relief to prevent or abate a violation of this

chapter.

(b) Venue for an action brought under this section is in Travis

County.

Added by Acts 2007, 80th Leg., R.S., Ch.

337, Sec. 1, eff. September 1, 2007.