By: Nelson S.B. No. 881
(Springer, Murphy)
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. Section 205.03, Alcoholic Beverage Code, is
amended by amending Subsections (b), (c), (d), (e), (j), (n), and
(p) and adding Subsection (n-1) to read as follows:
(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 the
beginning of the fiscal year, by the comptroller for the fiscal year
exceeds the amount of revenue from those sources for fiscal year
2014 [2004], compounded annually for fiscal years 2015-2025
[2005-2015] by the average percentage by which revenue from those
sources increased from one fiscal year to the next between
September 1, 2005 [1999], and August 31, 2013 [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 2014 [2004], compounded annually
for fiscal years 2015-2025 [2005-2015] by the average percentage by
which revenue from those sources increased from one fiscal year to
the next between September 1, 2005 [1999], and August 31, 2013
[2003]; or
(B) $1 million.
(c) Out of the amounts available under Subsections (b)(1) and
(2) for a fiscal year, the lesser of $830,000 [$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].
(d) If the amount available for a fiscal year under
Subsections (b)(1) and (2) exceeds $830,000 [$50,000], the lesser
of $365,000 [$50,000] or the total amount available under those
subdivisions may be appropriated only to the Texas Tech University
Viticulture and Enology program [Agricultural Experiment Station
for viticulture research].
(e) If the amount available for a fiscal year under
Subsections (b)(1) and (2) exceeds $1,195,000 [$100,000], the
lesser of the amount remaining under Subsection (b)(2) or $150,000
[$65,000] may be appropriated only to the Texas Wine Marketing
Research Institute at Texas Tech University.
(j) If the amount available for a fiscal year under
Subsections (b)(1) and (2) exceeds the maximum amount that may be
appropriated under Subsections (c), (d), and (e) [(c)-(g)], the
lesser of the amount remaining under Subsections (b)(1) and (2) or
$150,000 [$50,000] may be appropriated only for distribution to the
T. V. Munson Viticulture and Enology Center of the [at] Grayson
County Junior [Community] College District to fund educational
programs [the associate degree program] at the center.
(n) If revenue [Revenue] derived under Subsection (b)(2) is
[and] not otherwise appropriated under this section, the lesser of
that remaining revenue or $300,000 [Subsections (c)-(k)] may be
appropriated only for deposit into the wine industry development
fund:
(1) for the development of technologies, strategies,
and practices for mitigating or eliminating the effects of frost,
pestilence, or infestation on grapevines for which money donated
from private sources under Chapter 50B, Agriculture Code, is also
spent; and
(2) in an amount that does not exceed the amount of the
donated money described by Subdivision (1) that is spent for the
same purposes [of increasing the economic impact of the Texas wine
producing industry on the state].
(n-1) Any revenue available for a fiscal year under
Subsection (b) that is not otherwise appropriated as authorized by
this section may be appropriated only to the Department of
Agriculture for deposit into the wine industry development fund
for:
(1) the development of technologies, strategies, and
practices for mitigating or eliminating the effects of frost,
pestilence, or infestation on grapevines; and
(2) the department's direct and indirect costs
associated with administering programs under Subsection (n) or
Subdivision (1) of this subsection.
(p) This section expires September 1, 2025 [2015].
SECTION 2. Sections 205.03(a), (f), (g), (h), (i), (k),
(l), (m), and (o), Alcoholic Beverage Code, are repealed.
SECTION 3. This Act takes effect September 1, 2015.