Texas 2015 - 84th Regular

Texas House Bill HB1095 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R1932 CJC-D
2	2	By: Springer H.B. No. 1095
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the dedication of certain wine-related revenue.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 205.03(b), (c), (k), (l), and (p),
10	10	Alcoholic Beverage Code, are amended to read as follows:
11	11	(b) The [Notwithstanding Section 205.02, the] following
12	12	revenue may be appropriated for each state fiscal year only as
13	13	specified by this section:
14	14	(1) [the lesser of:
15	15	[(A)] the amount, if any, by which the amount of
16	16	revenue derived from excise taxes on wine produced in a state other
17	17	than Texas and any sales taxes collected from holders of
18	18	out-of-state winery direct shipper's permits as a result of the
19	19	passage of Senate Bill No. 877 by the 79th Legislature, Regular
20	20	Session, 2005, according to the most recent projection, as of the
21	21	beginning of the fiscal year, by the comptroller for the fiscal year
22	22	exceeds the amount of revenue from those sources for fiscal year
23	23	2004, compounded annually for fiscal years 2005-2017 [2005-2015] by
24	24	the average percentage by which revenue from those sources
25	25	increased from one fiscal year to the next between September 1,
26	26	1999, and August 31, 2003; [or
27	27	[(B) $1 million;] and
28	28	(2) [the lesser of:
29	29	[(A)] the amount, if any, by which revenue
30	30	derived from excise taxes on wine produced in this state and sales
31	31	taxes remitted by holders of winery permits in this state,
32	32	according to the most recent projection, as of the beginning of the
33	33	fiscal year, by the comptroller for the fiscal year exceeds the
34	34	amount of revenue from those sources for fiscal year 2004,
35	35	compounded annually for fiscal years 2005-2017 [2005-2015] by the
36	36	average percentage by which revenue from those sources increased
37	37	from one fiscal year to the next between September 1, 1999, and
38	38	August 31, 2003[; or
39	39	[(B) $1 million].
40	40	(c) Out of the amounts available under Subsections (b)(1)
41	41	and (2) for a fiscal year, the lesser of $50,000 or the total amount
42	42	available under those subdivisions may be appropriated only to the
43	43	Texas A&M AgriLife [Cooperative] Extension Service for extension
44	44	viticulture operations.
45	45	(k) If the amount available for a fiscal year under
46	46	Subsections (b)(1) and (2) exceeds the amount that may be
47	47	appropriated under Subsections (c)-(j):
48	48	(1) the lesser of the amount remaining under
49	49	Subsection (b)(2) or $250,000 may be appropriated only to the
50	50	commission; and
51	51	(2) the commission shall reduce the amount of the
52	52	surcharge imposed during the following fiscal year under Section
53	53	5.56 [5.55, as added by Chapter 101, Acts of the 78th Legislature,
54	54	Regular Session, 2003,] on permit and license holders who are not
55	55	authorized to sell wine by an amount that will reduce the total
56	56	amount collected under that section by the amount appropriated to
57	57	the commission under Subdivision (1).
58	58	(l) If the amount available for a fiscal year under
59	59	Subsections (b)(1) and (2) exceeds the amounts that may be
60	60	appropriated under Subsections (c)-(k), the remaining amount shall
61	61	be deposited in the general revenue fund to the credit of the wine
62	62	industry development fund and may be appropriated only to the
63	63	Department of Agriculture[. Money appropriated under this
64	64	subsection may be used only] for the purpose of providing funding to
65	65	public or private entities to conduct surveys, research, and other
66	66	projects related to a purpose described by Subsection (m) or (n).
67	67	(p) This section expires September 1, 2017 [2015].
68	68	SECTION 2. The comptroller of public accounts shall
69	69	establish the wine industry development fund in accordance with
70	70	Section 50B.003, Agriculture Code, as if the wine industry
71	71	development fund had not been abolished by operation of Section 2,
72	72	Chapter 1358 (S.B. 1605), Acts of the 79th Legislature, Regular
73	73	Session, 2005. The wine industry development fund is re-created by
74	74	this Act. The dedications of money in the wine industry development
75	75	fund made by Section 50B.003, Agriculture Code, and Section 205.03,
76	76	Alcoholic Beverage Code, in Chapters 375 (S.B. 1370) and 878 (S.B.
77	77	1137), Acts of the 79th Legislature, Regular Session, 2005, that
78	78	were abolished by operation of Section 2, Chapter 1358 (S.B. 1605),
79	79	Acts of the 79th Legislature, Regular Session, 2005, are
80	80	rededicated by this Act for the same purposes.
81	81	SECTION 3. This Act takes effect September 1, 2015.