By: Nelson S.B. No. 880 A BILL TO BE ENTITLED AN ACT relating to certain committees and programs to develop the wine industry in this state through the Department of Agriculture. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The heading to Section 50B.002, Agriculture Code, is amended to read as follows: Sec. 50B.002. WINE INDUSTRY DEVELOPMENT [AND MARKETING] ADVISORY COMMITTEE. SECTION 2. Section 50B.002, Agriculture Code, is amended by amending Subsections (a) and (b) and adding Subsections (b-1) and (g) to read as follows: (a) The commissioner shall appoint a wine industry development [and marketing] advisory committee to: (1) develop a long-term vision and marketable identity for the wine industry in the state that take into consideration future industry development, funding, research, educational programming, risk management, and marketing; [and] (2) assist the commissioner in establishing and implementing the Texas Wine Marketing Assistance Program under Chapter 110, Alcoholic Beverage Code; and (3) assist and advise the commissioner in determining the best and most productive and efficient expenditures of the wine industry development fund. (b) The committee consists of members appointed by the commissioner to [who] represent a diverse cross-section of the wine industry, including representatives of: (1) grape growers representing various regions of this state; (2) wineries representing a variety of small, medium and large formats from the various regions of this state; (3) [wholesalers; [(4) package stores; [(5) retailers; [(6)] researchers or educators specializing in viticulture or enology; (4) [(7)] consumers who are not affiliated with the alcoholic beverage industry; (5) [(8)] the department; and (6) [(9)] the Texas Alcoholic Beverage Commission. (b-1) The members described by Subsections (b)(4) and (6) are nonvoting members. (g) Not later than September 1 of each year, the committee shall provide the commissioner with a written report containing: (1) a summary of the committee's discussions, conclusions, and recommendations from the fiscal year preceding that date; (2) a proposed schedule and plan of action for the fiscal year beginning on that date designed to implement and further the objectives of this chapter and Chapter 110, Alcoholic Beverage Code; (3) a proposed budget and prioritized spending plan for expenditures of the wine industry development fund; and (4) other information requested by the commissioner or determined by a majority of the committee to be appropriate for inclusion in the report. SECTION 3. Chapter 50B, Agriculture Code, is amended by adding Section 50B.0025 to read as follows: Sec. 50B.0025. ANNUAL PLAN AND BUDGET. Not later than November 1 of each year, the commissioner shall prepare for the current fiscal year the schedule and plan of action and budget and prioritized spending plan described by Section 50B.002(g), considering the recommendations of the committee under that section and following them to the extent the commissioner considers appropriate. SECTION 4. Section 50B.003(b), Agriculture Code, is amended to read as follows: (b) Except as provided by Sections 205.03(l), (m), and (n), Alcoholic Beverage Code, money [Money] in the account may be appropriated only to the department and may be used only for the purpose of: (1) providing funding to public or private entities to conduct surveys, research, and other projects related to: (A) developing the Texas wine industry; (B) developing viticulture and enology-related education programs; (C) 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; and (D) developing technologies or practices that could benefit the production of grapes and wine; and (2) any administrative costs the department incurs in fulfilling the purposes described by Subdivision (1). SECTION 5. Section 50B.0015, Agriculture Code, is repealed. SECTION 6. On the effective date of this Act, the wine industry development and marketing advisory committee is abolished. The commissioner of agriculture may appoint a person who previously served on that committee to the wine industry development advisory committee established under Section 50B.002, Agriculture Code, as amended by this Act. SECTION 7. This Act takes effect September 1, 2015.