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.