84R1932 CJC-D
By: Springer H.B. No. 1095
A BILL TO BE ENTITLED
AN ACT
relating to the dedication of certain wine-related revenue.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 205.03(b), (c), (k), (l), and (p),
Alcoholic Beverage Code, are amended to read as follows:
(b) The [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 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, compounded annually for fiscal years 2005-2017 [2005-2015] 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;] 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,
compounded annually for fiscal years 2005-2017 [2005-2015] 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].
(c) Out of the amounts available under Subsections (b)(1)
and (2) for a fiscal year, the lesser of $50,000 or the total amount
available under those subdivisions may be appropriated only to the
Texas A&M AgriLife [Cooperative] Extension Service for extension
viticulture operations.
(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 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
5.56 [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).
(p) This section expires September 1, 2017 [2015].
SECTION 2. The comptroller of public accounts shall
establish the wine industry development fund in accordance with
Section 50B.003, Agriculture Code, as if the wine industry
development fund had not been abolished by operation of Section 2,
Chapter 1358 (S.B. 1605), Acts of the 79th Legislature, Regular
Session, 2005. The wine industry development fund is re-created by
this Act. The dedications of money in the wine industry development
fund made by Section 50B.003, Agriculture Code, and Section 205.03,
Alcoholic Beverage Code, in Chapters 375 (S.B. 1370) and 878 (S.B.
1137), Acts of the 79th Legislature, Regular Session, 2005, that
were abolished by operation of Section 2, Chapter 1358 (S.B. 1605),
Acts of the 79th Legislature, Regular Session, 2005, are
rededicated by this Act for the same purposes.
SECTION 3. This Act takes effect September 1, 2015.