82R14389 T
By: Miller of Comal H.B. No. 3289
A BILL TO BE ENTITLED
AN ACT
relating to expenditure of certain wine related revenue
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 205.03, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 205.03. EXCEPTION FOR CERTAIN WINE-RELATED REVENUE.
(a) In this section, "institution of higher education" has the
meaning assigned by Section 61.003, Education Code.
(b) Notwithstanding Section 205.02, the following revenue
may be appropriated for each state fiscal year only as specified by
this section:
(1) the lesser of:
(A) the amount, if any, by which the amount of
revenue derived from excise taxes on wine produced in a state other
than Texas and any sales taxes collected from holders of
out-of-state winery direct shipper's permits as a result of the
passage of Senate Bill No. 877 by the 79th Legislature, Regular
Session, 2005, according to the most recent projection, as of
the011beginning of the fiscal year, by the comptroller for the
fiscal year exceeds the amount of revenue from those sources for
fiscal year 2004 2010, compounded annually for fiscal years
2005-2015 2011-2021. by the average percentage by which revenue
from those sources increased from one fiscal year to the next
between September 1, 1999, and August 31, 2003; or
(B) $1 million $500,000; and
(2) the lesser of:
(A) the amount, if any, by which revenue derived
from excise taxes on wine produced in this state and sales taxes
remitted by holders of winery permits in this state, according to
the most recent projection, as of the beginning of the fiscal year,
by the comptroller for the fiscal year exceeds the amount of revenue
from those sources for fiscal year 2004, 2010 compounded annually
for fiscal years 2005-2015 2011-2021 by the average percentage by
which revenue from those sources increased from one fiscal year to
the next between September 1, 1999, and August 31, 2003; or
(B) $1 million $500,000.
(c) Out of the amounts available under Subsections (b)(1)
and (2) for a fiscal year, the lesser of $50,000 25,000 or the total
amount available under those subdivisions may be appropriated only
to the Texas Cooperative Extension for extension viticulture
operations.
(d) If the amount available for a fiscal year under
Subsections (b)(1) and (2) exceeds $50,000 25,000, the lesser of
$50,000 25,000 or the total amount available under those
subdivisions may be appropriated only to the Texas Agricultural
Experiment Station for viticulture research.
(e) If the amount available for a fiscal year under
Subsections (b)(1) and (2) exceeds $100,000, 50,000 the lesser of
the amount remaining under Subsection (b)(2) or $65,000 $32,500 may
be appropriated only to the Texas Wine Marketing Research Institute
at Texas Tech University.
(f) If the amount available for a fiscal year under
Subsections (b)(1) and (2) exceeds the amounts that may be
appropriated under Subsections (c), (d), and (e), the lesser of the
amount remaining under Subsections (b)(1) and (2) or $280,000
$140,000 may be appropriated only to the Department of Agriculture
for distribution as provided by Subsections (g), (h), and (i).
(g) Except as provided by Subsections (h) and (i), money
appropriated to the Department of Agriculture under Subsection (f)
may be distributed only as follows:
(1) the lesser of the total amount appropriated to the
department under Subsection (f) or $50,000 $25,000 shall be
distributed to an appropriate institution of higher education to
fund a new part-time extension faculty position in enology;
(2) if the amount appropriated under Subsection (f)
exceeds $50,000, $25,000 the lesser of the remaining amount or
$50,000 $25,000 shall be distributed to an appropriate institution
of higher education for extension enology operations;
(3) if the amount appropriated under Subsection (f)
exceeds $100,000, $50,000 the lesser of the remaining amount or
$50,000 $50,000 shall be distributed to the institution of higher
education designated under Subdivision (1) to fund a new part-time
faculty position in enology research;
(4) if the amount appropriated under Subsection (f)
exceeds $150,000, $75,000 the lesser of the remaining amount or
$50,000 $25,000 shall be distributed to an appropriate institution
of higher education to fund enology research program operations;
(5) if the amount appropriated under Subsection (f)
exceeds $200,000, $100,000 the lesser of the remaining amount or
$30,000 $15,000 shall be distributed to an appropriate institution
of higher education for technical support personnel for enology
research; and
(6) if the amount appropriated under Subsection (f)
exceeds $230,000, $115,000 the lesser of the remaining amount or
$50,000 $25,000 shall be distributed to an appropriate institution
of higher education to fund two graduate internships in enology.
(h) If the maximum amount that may be distributed for a
purpose provided by Subsection (g) is not available and the
commissioner of agriculture determines that the amount available
for that purpose is insufficient to achieve that purpose, the
commissioner of agriculture may deposit the lesser amount into the
wine industry development fund to be used for a purpose described by
Subsection (l).
(i) Money appropriated under Subsection (f) derived from
Subsection (b)(1) may be used only for a purpose described by
Subsection (m).
(j) If the amount available for a fiscal year under
Subsections (b)(1) and (2) exceeds the amount that may be
appropriated under Subsections (c)-(g), the lesser of the amount
remaining under Subsections (b)(1) and (2) or $50,000 $25,000 may
be appropriated only for distribution to the T. V. Munson
Viticulture and Enology Center at Grayson Community College to fund
the associate degree program at the center.
(k) If the amount available for a fiscal year under
Subsections (b)(1) and (2) exceeds the amount that may be
appropriated under Subsections (c)-(j):
(1) the lesser of the amount remaining under
Subsection (b)(2) or $250,000 $125,000 may be appropriated only to
the commission; and
(2) the commission shall reduce the amount of the
surcharge imposed during the following fiscal year under Section
5.55, as added by Chapter 101, Acts of the 78th Legislature, Regular
Session, 2003, on permit and license holders who are not authorized
to sell wine by an amount that will reduce the total amount
collected under that section by the amount appropriated to the
commission under Subdivision (1).
(l) If the amount available for a fiscal year under
Subsections (b)(1) and (2) exceeds the amounts that may be
appropriated under Subsections (c)-(k), the remaining amount shall
be deposited in the general revenue fund to the credit of the wine
industry development fund and may be appropriated only to the
Department of Agriculture. Money appropriated under this
subsection may be used only for the purpose of providing funding to
public or private entities to conduct surveys, research, and other
projects related to a purpose described by Subsection (m) or (n).
(m) Revenue derived under Subsection (b)(1) and not
otherwise appropriated under Subsections (c)-(k) may be
appropriated only for the purpose of:
(1) developing viticulture-related and
enology-related education programs;
(2) eliminating and eradicating Pierce's disease, the
glassy-winged sharpshooter, and other diseases and pests that
negatively impact the production of grapes and wine in the United
States; or
(3) developing technologies, strategies, or practices
that could benefit the production of grapes and wine in the United
States.
(n) Revenue derived under Subsection (b)(2) and not
otherwise appropriated under Subsections (c)-(k) may be
appropriated only for the purposes of increasing the economic
impact of the Texas wine producing industry on the state.
(o) The comptroller shall provide the Department of
Agriculture information necessary to allow the department to
identify the amount of revenue appropriated to the department that
is derived under Subsection (b)(1) and the amount of that revenue
that is derived under Subsection (b)(2) so that the department may
distribute the revenue in accordance with this section.
(p) This section expires September 1, 2015 2021.
SECTION 2. This Act takes effect September 1, 2011.