TNLA Working For You, June 25, 2021

TNLA Working for You E-Newsletter

TNLA

June 25, 2021

Working for You

TNLA YEAR IN REVIEW

Members Take Action!

PLUS RECAP OF LEGISLATIVE WINS THIS SESSION

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June 25, 2021 - TNLA Working For You

Pradia is a registered trademark of Ishihara Sangyo Kaisha, Ltd.

Pradia® is a combination product developed to control a wide variety of sucking and chewing pests on ornamental and nursery crops. Pradia delivers a quick knockdown and excellent long-term control on aphids, thrips, whitefly and scale.

June 25, 2021 - TNLA Working For You

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Table of Contents 04 TNLA Member Updates

TNLA Address Change EXPO Updates: Time is Running Out to Book Your Hotel Stay

05 Legislative & Regulatory Updates

TNLA Tailgate Topics: Compressed Air Precautions

06 TNLA Year In Review: 2020-2021 18 TNLA Career Center: Check out the Latest job Opportunities

Ad Index Inside Front Cover....OHP, Inc. Inside Back Cover...Hotchkiss Insurance

03....TNLA Best of Texas

Back Cover....TNLA PAC

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June 25, 2021 - TNLA Working For You

TNLA Member Updates: Check out these latest Member Opportunities!

-Watch the Texas Excellence in Landscaping Awards Presented LIVE for Free online June 25 at 11:45am, Register to watch online for Free by Clicking Here -Join us in-person for TNLA’s Annual Business Meeting at EXPO on Thursday, August 5 at 10:45am prior to the Keynote Presentation, Register to Attend Here -Grab Your Seat for the The TNLA Awards Fiesta at Venue Villita in San Antonio, TX during EXPO on August 6 at 6:45pm, Register to Attend Here BELOW IS A LIST OF PARTICIPATING LOCATIONS TAKING PART IN THE 2021 LAWN & GARDEN TAX TNLA Address Change: HOLIDAY OVER THE MEMORIAL DAY WEEKEND. THIS LIST IS AS OF MAY 26, 2021 Please note, TNLA has a new office and mailing address!

TNLA IS MOVING!

New Office Address: 715 Discovery Blvd. Suite 109 Cedar Park, TX 78613 New Mailing Address: P.O. Box 673 McQueeney, TX 78123

WWW.TNLAONLINE.ORG

EXPO UPDATE: Time is Running Out to Book Your Hotel Stay The 2021 Nursery/Landscape EXPO is August 5-7, 2021 in San Antonio, Texas is right around the corner and will be here before you know it. Don’t delay be sure to take advantage of EXPO’s Official Housing Block with Discounted Rates at both the Grand Hyatt San Antonio and Hilton Palacio Del Rio. Deadline to make your hotel reservations is July 16, 2021! BOOK HERE!

June 25, 2021 - TNLA Working For You

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LEGISLATIVE & REGULATORY UPDATES: Rep. Henry Cuellar Files H-2B Returning Worker Exception Act of 2021 The H-2B Returning Worker Exception Act of 2021, HR 3897, provides permanent cap relief for the H-2B program. The bill establishes a Returning Worker Exemption (RWE) for any H-2B worker who has been in the U.S. for one of the past 3 years. Returning workers are the best example of law-abiding foreign workers who return when their visa expires.

This bill will aid employers needing workers and protect American workers with increased penalties for fraudulent applications to the program. This is the first standalone bill in several years to create a permanent fix for the H-2B program. You can help pass this bill by sending a message from the TNLA Legislative Action Center, click here.

Box Tree Moth Alert The USDA and TDA have alerted TNLA that the Box Tree Moth has been found in Texas at several residential locations.

The USDA had previously alerted the green industry across the nation of the pest developing a presence in Canada. The moth and the larvae have developed into major concern in western Europe where they devour boxwood species. Texas growers should get up to speed on the pest and remain vigilant against the pest being found. You can find the USDA fact BELOW IS A LIST OFclick PARTICIPATING LOCATIONS TAKING PART IN THE 2021 LAWN & GARDEN TAX sheet on the pest available here.

HOLIDAY OVER THE MEMORIAL DAY WEEKEND. THIS LIST IS AS OF MAY 26, 2021

Reflecting Back on the Texas Legislative Session and SB 14 Pre-empting Local Governments from Creating Employment Mandates, A BILL THAT DIED; SB 14 – Unfortunately, the bill which would have provided regulatory consistency across cities and counties on employment law was not successful in passing, dying on the last day of session just short of final approval before the Governor’s desk. TNLA alongside our partners in the ASSET Coalition have already asked Governor Abbott to add this to a Legislative Special Session.

TNLA Tailgate Topics: COMPRESSED AIR PRECAUTIONS Objective: Participants will be able to safely use compressed air systems by following proper safety guidelines.

APPLICATION: Discuss the dangers of misusing compressed air – it’s sure to get participants’ attention. Then have participants tell you what they believe are the correct safety procedures for working with compressed air. Make additions or deletions to the group’s list and practice any aspects that participants are unclear on.

Compressed air is quite handy around a work area, but it can be dangerous if not used properly and cautiously.

The dangers of compressed air can be damaging to individuals and costly to an operation. The following are major dangers of compressed air: • A blast of air less than 40 psi (pounds per square inch) and 4 inches from the ear can rupture an eardrum or cause brain damage.

• As little as 12 psi can pop an eyeball from its socket.

• Air can enter the navel (even through a layer of clothing) and inflate or rupture the intestines.

• Directed at the mouth, compressed air can rupture the lungs.

Following safety guidelines will reduce the risk of injury when using compressed air. Always be aware of your actions and the actions of individuals around you.

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Examine all hoses, connections, and equipment to see that they are in good condition before turning the pressure Never point the air hose nozzle at any part of your body or at any other person.

Never look into the end of a compressed air device.

Never use compressed air to blow dust or dirt off clothing or body parts.

No horseplay with air hose.

Never kink the hose to stop airflow. Always turn air hose off at the control valve.

When using air for cleaning, make sure the pressure is no higher than 30 psi.

Always wear eye protection when using compressed air.

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June 25, 2021 - TNLA Working For You

2020-2021

BELOW IS A LIST OF PARTICIPATING LOCATIONS TAKING PART IN THE 2021 LAWN & GARDEN TAX HOLIDAY OVER THE MEMORIAL DAY WEEKEND. THIS LIST IS AS OF MAY 26, 2021

T N L A YE AR I N R EV I EW H*

www.TNLAonline.org

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June 25, 2021 - TNLA Working For You

T N L A T A K ES A CT IO N A Y E AR I N RE VI EW 2 0 2 0- 20 2 1 T H R OU G HOU T THE COV ID PA NDEM IC, LAB OR I SSU ES DI D NOT GO A WA Y , TN LA MOVE D FOR WAR D TO CONTI NU E TO S UPPORT O U R M E M BE R S!

T N L A TA C K L ED L A BOR I SS U ES : -Offered education by conducting the TNLA Labor Summit with Moderator from the Texas Tribune, Ross Ramsey and Texas Workforce Commission Chairman Bryan Daniel, panelist included Congressman Henry Cuellar and Senator John Cornyn

-TNLA partnered with FWD.Us to engage with Elected Officials and asked for a permanent solution to the H2-B Guest Worker Shortage

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June 25, 2021 - TNLA Working For You

BELOW IS A LIST OF PARTICIPATING LOCATIONS TAKING PART IN THE 2021 LAWN & GARDEN TAX HOLIDAY OVER THE MEMORIAL DAY WEEKEND. THIS LIST IS AS OF MAY 26, 2021

BIG D E CI SI ON S W E R E MA D E Due to the impacts of COVID, changes had to be made for TNLA and big decisions were made including TNLA placed it’s building up for sell and TNLA Staff began working remotely. The TNLA State Board of Directors were also faced with a hard decision and voted to cancel the 2020 Nursery/Landscape EXPO last year.

TNLA YEAR IN REVIEW

2020-2021

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June 25, 2021 - TNLA Working For You

LI FE WIT H COVID WAS D IF FERE NT

T NL A to ok a c tio n b y fin ding ne w & inno va ti ve wa ys t o pr o vi de

m em b e r of f e r in g LOCATIONS s: BELOW IS A LIST OF PARTICIPATING TAKING PART IN THE 2021 LAWN & GARDEN TAX HOLIDAY OVER THE MEMORIAL DAY WEEKEND. THIS LIST IS AS OF MAY 26, 2021 Launched the NEW TNLA Mobile Membership Directory App, Exclusively for Members which offers : Member and product search Communities to network and chat with Members Exclusive Member Updates CLICK HERE TO DOWNLOAD Because TNLA could not meet in person to provide Education through EXPO, the Association launched 20+ Webinars offering new information on PPP Loans, COVID Relief, Capture Your Carbon Gave Members 24/7 online access to education, exams and webinars VISIT HERE FOR MORE INFO We honored winners through virtual ceremonies for the TNLA Texas Excellence In Landscape Awards (TEIL) and TNLA Awards Fiesta Brought TNLA’s Annual Business Meeting to your screens Delivered 26 issues of TNLA Working For You e-newsletter to member’s inboxes updating them on the latest association happenings Conducted the TNLA Smorgasbord providing 10 hours of CEUs with education offerings on Pest & Disease, Drip Irrigation, and Irrigation Troubleshooting Launched the TNLA Retail/Landscape Summit Online providing 10 hours of CEUs which included TEDx Speaker Dr. Talaya Waller who spoke about Becoming the Face of Your Community (Sessions available for purchase CLICK HERE) Offered New On-Demand Courses available for purchase including Creating a Garden Sanctuary CLICK HERE TO PURCHASE Enhanced the Embrace Your Space campaigns to provide members with an easy to use marketing toolbox for their social media platforms VISIT HERE TO DOWNLOAD Held the TNLA Water & Pest Workshop virtually offering 12 hours of CEUs (sessions available for purchase online, VISIT HERE) TNLA finally was able to meet in person in Port Isabel in May 2021 to conduct the TNLA Valley Short Course with Region VII We partnered with TransPecos Banks out of San Antonio so Members could see if they qualified and get the assistance to receive first and second Paycheck Protection Plan Loans (PPP) TNLA YEAR IN REVIEW

2020-2021

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June 25, 2021 - TNLA Working For You

T NL A CEL EBRATED MAJOR A D VOCA CY WINS! COVID h a d u s soc ially dis ta nce d, b ut it d id n ot k e ep TNLA from t aki ng act i on o n G r ee n Ind us try A dv ocacy efforts: BELOW IS A LIST OF PARTICIPATING LOCATIONS TAKING PART IN THE 2021 LAWN & GARDEN TAX

HOLIDAYTNLA OVER THE MEMORIAL DAY WEEKEND. THIS LIST IS AS OF Week MAY 26, 2021 held the TNLA Virtual Advocacy which kicked off with a Legislative Overview and a conversation with Representative Cody Harris. Throughout the week members took part in attending over 18 meetings with Legislative Officials and their offices, plus three morning policy briefings with Representative Tracey King, Senator Charles Perry and Texas Department of Agriculture Commissioner Sid Miller Halfway through the Texas Legislative Session TNLA kept members up to date by conducting an Online Mid-Session Review of over 20 bills Hosted Governor Greg Abbot to discuss industry issues at Ruibal’s Plants of Texas Members took action by engaging with TNLA’s Legislative Action Center where 9 advocacy efforts were launched for members to take action by contacting their local representatives on issues such as Improved Industry Based Certification Evaluation Process, Support HB 19 to Stop Commercial Vehicle Lawsuit Abuse and Support H-DB Returning Worker Exemption Throughout the last week of the Texas Legislative Session TNLA Chair, Tim Little met up with Legislative Offices to present them TNLA’s Challenge Coin to show the association’s gratitude for being champions for the Texas Green Industry throughout the session by supporting TNLA’s Legislative issues

TNLA YEAR IN REVIEW

2020-2021

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June 25, 2021 - TNLA Working For You

TN L A O FF E R E D N E W A WA RD S TN L A A dvoc a cy L e a dership Awa r d Presented to U.S. Congressman Henry Cuellar because of his longtime commitment to strengthen the Texas Green Industry. Congressman Cuellar's steadfast leadership in directing federal resources to our state and fighting to bolster the Texas economy by supporting our local businesses has been crucial to sustaining our industry's growth.

TNLA YEAR IN REVIEW

Texas Garden Retail er A wards (TGRA ) Pro gram Silver winners included: Enchanted Gardens, Shoppe Leaf, Just Pots Texas Garden Retailer of the Year Gold Winners included: Calloway’s Nursery and Gardens at the Ridge

2020-2021

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June 25, 2021 - TNLA Working For You

TH E N CAME WIN TE R STO RM U RI M e m b er B u si ne sses W e r e H i t H ar d b y W i nt e r S t o rm U r i b u t , t h e G r e e n I n d u s t r y C am e T oISgAet e rPARTICIPATING t o Ta keLOCATIONS A ct ioTAKING n a nPART d M F or wa rd BELOW LISThOF IN ov THE e 2021 LAWN & GARDEN TAX HOLIDAY OVER THE MEMORIAL DAY WEEKEND. THIS LIST IS AS OF MAY 26, 2021 -TNLA and AgriLife Extension -The Association provided surveyed the industry to calculate updates on Winter Recovery an estimated profit loss which is Assistance from USDA, IRS and in the billions. other entities. TNLA also testified in front of the Texas House Agriculture Committee and informed State Lawmakers on the impacts of Winter Storm Uri. TNLA continues to work with government officials and agencies to help with recovery efforts.

TNLA YEAR IN REVIEW

2020-2021

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June 25, 2021 - TNLA Working For You

T N L A CERT IFI ED PRO FE SS I O N ALS T OOK A CT IO N TO AC HI E VE GR E AT NES S

9 00

Professionals became newly Certified and Renewed

2 50

High School Students earned their TNLA Certification

10 0

Students from the Texas Department of Justice studied hard and passed their Certification Exam

TNLA YEAR IN REVIEW

2020-2021

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June 25, 2021 - TNLA Working For You

T N L A TO OK A CT IO N D UR I N G TH E TE XA S L E G I S L A T I V E S E SS I O N T N LA ' s L e g is la t iv e Win s I n cl ud ed : Protecting Landscape Pesticide Applicators Ability to Use Direct Supervision SIGNED INTO LAW; HB 1070 – This effort came about to prevent the Dept. of Ag from requiring all employees making an application have their own license.TNLA was successful in havingTAKING this legislation introduced and BELOW IS A LIST OF PARTICIPATING LOCATIONS PART IN THE 2021 LAWN & passed GARDENtoTAX HOLIDAY THE MEMORIAL DAY WEEKEND. THIS LIST AS OF MAYBoard 26, 2021 Member Rachelle the OVER Governor’s desk. A special thank you toISTNLA Kemp for coming to Austin and testifying in the House & Senate.

New Programs and Financial Investment in Combating Plant Pest and Disease SIGNED INTO LAW; HB 2089 – After falling short last session, this bill flew through the legislative process and was signed into law. It formalizes cooperative agreements with research universities and TDA on surveillance and detection efforts for plant pest and diseases. The bill is accompanied by funding for the research efforts and requires the agency to consult industry groups like TNLA when awarding the funding.

Eliminating the Franchise Tax Liability of Forgiven PPP Loans SIGNED INTO LAW; HB 1195 – This bill eliminates the concern that relief dollars from COVID were going to be considered taxable income under Texas’ franchise tax. Many companies facing impact from the government shutdown needed to take out a PPP loan and taxing it would have reversed the efforts of TNLA at the federal level to remove the forgiven portions as taxable income.

Ending Lawsuit Abuse of Commercial Vehicle Operators SIGNED INTO LAW; HB 19 – Reforming commercial vehicle litigation became a priority for TNLA after hearing many stories of predatory plaintiff lawyers targeting green industry companies. The bill signed into law will provide transparency and fairness of evidence introduced as well as focusing the proceeding on actual contributing factors. This is an important step in mitigating lawsuit abuse and increasing insurance costs.

Putting Green Industry Certifications into Texas High Schools SIGNED INTO LAW; HB 3938 – In the ongoing effort to develop more labor, TNLA has worked to include green industry certifications at the high school level. HB 3938 brings educators and employers to the table to allow for a better review of the approved industry-based certifications. With the advisory board under this bill, TNLA stands a better chance at developing more young Texans toward employment in our industry.

TNLA YEAR IN REVIEW

2020-2021

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June 25, 2021 - TNLA Working For You

M E MBE R'S VO ICE S W E R E H E A R D

T N LA ' s L eg i s l at i ve W i n s C o n ti n ue d: Incentivizing Texas Schools on Career and Technical Education SIGNED INTO LAW; HB 773 – This bill provides an accountability incentive to school districts for students who complete a “program of study”. An available “program of study” currently is the Plant Science track which exposes students to horticulture and directs graduates into green industry certification or education. Encouraging schools to help students complete these programs are a positive development.

Limits on Liability for Landscape Architects and Contractors of Public Works SIGNED INTO LAW; HB 3069 – This bill slightly narrows the window of liability for landscape architects and contractors on public works from 12 years to 9 years. While public assets should be protected, plaintiff attorneys had been using the outer limits of the liability window to raise money from contractors and architects by suing over damage difficult to prove as a defect in the original work or design.

Removal of Non-scientific Pesticide Restrictions SIGNED INTO LAW; Budget Amendment – This amendment partially removed the harmful precedent set by legislative bans on specific pesticides. Political whim should not substitute for a science-based review of efficacy and public safety. This was a positive step toward returning Texas toward this science-based approach.

Continuation and Improvement of the Texas Department of Agriculture SIGNED INTO LAW; SB 703 – The bill to reauthorize the Department of Agriculture is required every 10 years. This bill made minor changes to improve programs like the GO Texan program and continued many programs critical to our industry. It was only through the work of TNLA and a handful of other Ag groups that this bill overcame several legislative obstacles to pass into law.

Funding for Plant Health Programs at TDA and Research Universities SIGNED INTO LAW; Budget Amendment – This amendment provides $500,000 of new funding over the next two years for plant disease and pest surveillance programs. It represents the first new spending by the State on plant health in several years.

Additional Financing Options for Park and Greenspace Development SIGNED INTO LAW; HB 1410 – This bill removed a restriction on certain water district bonds that limited the portion which could be dedicated to building green spaces and parks.

Reforming Eminent Domain to Protect Landowners & Property Rights SIGNED INTO LAW; HB 2730 – After 6 years of working, the coalition of property rights groups including TNLA was successful in pushing for eminent domain reform.

This bill mandates more information be provided to landowners facing condemnation and provides for terms to be included in an easement agreement.

Educated landowners are more equipped to deal with eminent domain and are better protected.

TNLA YEAR IN REVIEW

2020-2021

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June 25, 2021 - TNLA Working For You

DU R ING SE SSI ON, TN LA F OU G HT A GAI NST B i l ls t hat co ul d harm th e G re en I n d us t ry in c l ud i n g:

Expansive New Mandatory Plant Labeling Laws KILLED – TNLA worked to kill expansive new plant labeling laws that would have represented more costs and liability for growers and retailers. The proposal started as a single species of plants and grew to include at least 5 species for their toxicity to pets. TDA would have been able to subject retailers and growers to stop sale for improper compliance, creating additional headaches for our industry.

Increased Fees, Regulations, and Liability for H-2A Employers Providing Housing KILLED – TNLA led the effort to defeat several bills which would have dramatically harmed the H-2A program relating to the mandated housing. The bills would have created new liability, harmful new costs, and increasingly complicated inspections.

Statewide Employment Mandates like Predictive Scheduling KILLED – Predictive scheduling is the requirement to lock in employee schedules two weeks in advance and punish employers who change them. This is an unrealistic and costly proposal for any industry dependent on business flexibility and the environment.

Efforts to Defund Agriculture Programs and Raise Fees on Growers KILLED – Efforts to defund programs at TDA, for principally political reasons, would have increased the fees on our industry. Programs at TDA are run on only the program or permit fees collected by the industry.

TNLA worked on several instances to dissuade legislators from targeting plant health and pesticide program funding.

Amendments to Strip the GO Texan Program Away from Agriculture KILLED – TNLA worked to maintain producer advisory boards and promotional programs, like the GO Texan program, at the Department of Agriculture. Keeping these programs close to our producers and in touch with our members is a major priority for TNLA.

TNLA YEAR IN REVIEW

2020-2021

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June 25, 2021 - TNLA Working For You

T H A N K YO U TO OUR M EM BE R S FO R TA K IN G A C T I O N A N D K E EPIN G T HE T E X A S G REE N I N D U S TR Y M OV IN G F O RW A R D T H IS YEA R

W E A R E ST RON G E R T OG E T H E R

F O R MO RE I N F OR MA TI ON VISIT WWW.TNLAONLINE.ORG

TNLA YEAR IN REVIEW

2020-2021

June 25, 2021 - TNLA Working For You

TNLA Career Center Check out the latest job opportunities: Landscape Architect/Designer, MBL Inc., Fort Worth, Texas Landscape / Tree Retail Sales Representative, Fannin Tree Farm, Frisco, Texas Stump Grinder, Fannin Tree Farm, Frisco, Texas Landscape Team Intern, Kevin's Landscapes, College Station, Texas Irrigation Manager, Conserva Irrigation of NW Dallas, Grapevine, Texas Sales Assistant, Silver Creek Materials, Fort Worth, Texas Landscape Designer/ Project Leader, Studio Outside, Dallas, Texas Greenhouse Collections Specialist, Botanical Research Institute of Texas, Fort Worth, Texas Estimator/Procurement Manager, PS Landscapes Inc, Austin, Texas Quality Manager, PS Landscapes, Inc., Austin, Texas Landscape Account Manager, Lawns of Dallas, Texas Farm Manager, Green Star Wetland Plant Farm, LLC, Alvin, Texas General Manager, LMI Landscapes, Inc., Austin, Texas Landscape Designer, Moss Landscaping, Houston, Texas Landscape Designer, Green Meadows Landscaping, Lewisville, Texas Landscape Designer & Project Manager, Hogue Landscape Services, Houston, Texas Landscape & Grounds Project Supervisor, Ambassador Services, Houston, Texas Landscaping - Licensed Irrigator Full Time, Ambassador Services, Houston, Texas Lead Grower, Smith's Greenhouses Inc., Wichita Falls, Texas Outside Sales, Hott Tree Farm, Inc., Cleveland, Texas Parks Landscape Supervisor (Assistant Superintendent), Lake Arlington Golf Course, Arlington, Texas Landscape Architect, City of Plano, Parks and Recreation, Park Planning, Plano, Texas

For additional information to register to post a job, visit careers.tnlaonline.org/employers/

POST YOUR JOB TODAY Call 512-579-3860

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Page January 19 2020 - Green Concept

January 2020 - Green Concept Page 19

PROVIDING PROTECTION IN A WORLD OF UNKNOWNS

With more than 40 years of experience protecting the green industry, we understand the unique risks and challenges your business faces.

We offer a personalized, consultative approach to protecting your investment, and are proudly endorsed by the Texas Nursery and Landscape Association.

CALL US TODAY AT 800.899.9810 OR VISIT HIALLC.COM

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May 28, 2021 - Working For You

BACK YOUR PAC! DONATE ITEMS FOR THE PAC AUCTION The Third Annual TNLA PAC Auction will be held again this year!

We are accepting donations of all kinds to help raise funds for TNLA PAC. Donations may vary from trips & tickets to items such as: guns, artwork, industry equipment, and more!

Contact ryan@tnlaonline.org for questions & inquiries.

ACCEPTING DONATIONS NOW UNTIL JUNE 30

Political advertising paid for by TNLA PAC | 7730 S IH 35 Frontage Rd, Austin, TX 78745