6 | 4 | | AN ACT |
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7 | 5 | | relating to the dedication of certain wine-related revenue. |
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8 | 6 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 7 | | SECTION 1. Section 205.03, Alcoholic Beverage Code, is |
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10 | 8 | | amended by amending Subsections (b), (c), (d), (e), (j), (n), and |
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11 | 9 | | (p) and adding Subsection (n-1) to read as follows: |
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12 | 10 | | (b) Notwithstanding Section 205.02, the following revenue |
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13 | 11 | | may be appropriated for each state fiscal year only as specified by |
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14 | 12 | | this section: |
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15 | 13 | | (1) the lesser of: |
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16 | 14 | | (A) the amount, if any, by which the amount of |
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17 | 15 | | revenue derived from excise taxes on wine produced in a state other |
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18 | 16 | | than Texas and any sales taxes collected from holders of |
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19 | 17 | | out-of-state winery direct shipper's permits as a result of the |
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20 | 18 | | passage of Senate Bill No. 877 by the 79th Legislature, Regular |
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21 | 19 | | Session, 2005, according to the most recent projection, as of the |
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22 | 20 | | beginning of the fiscal year, by the comptroller for the fiscal year |
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23 | 21 | | exceeds the amount of revenue from those sources for fiscal year |
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24 | 22 | | 2014 [2004], compounded annually for fiscal years 2015-2025 |
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25 | 23 | | [2005-2015] by the average percentage by which revenue from those |
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26 | 24 | | sources increased from one fiscal year to the next between |
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27 | 25 | | September 1, 2005 [1999], and August 31, 2013 [2003]; or |
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28 | 26 | | (B) $1 million; and |
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29 | 27 | | (2) the lesser of: |
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30 | 28 | | (A) the amount, if any, by which revenue derived |
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31 | 29 | | from excise taxes on wine produced in this state and sales taxes |
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32 | 30 | | remitted by holders of winery permits in this state, according to |
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33 | 31 | | the most recent projection, as of the beginning of the fiscal year, |
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34 | 32 | | by the comptroller for the fiscal year exceeds the amount of revenue |
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35 | 33 | | from those sources for fiscal year 2014 [2004], compounded annually |
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36 | 34 | | for fiscal years 2015-2025 [2005-2015] by the average percentage by |
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37 | 35 | | which revenue from those sources increased from one fiscal year to |
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38 | 36 | | the next between September 1, 2005 [1999], and August 31, 2013 |
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39 | 37 | | [2003]; or |
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40 | 38 | | (B) $1 million. |
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41 | 39 | | (c) Out of the amounts available under Subsections (b)(1) and |
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42 | 40 | | (2) for a fiscal year, the lesser of $830,000 [$50,000] or the total |
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43 | 41 | | amount available under those subdivisions may be appropriated only |
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44 | 42 | | to [the] Texas A&M AgriLife [Cooperative] Extension Service [for |
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45 | 43 | | extension viticulture operations]. |
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46 | 44 | | (d) If the amount available for a fiscal year under |
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47 | 45 | | Subsections (b)(1) and (2) exceeds $830,000 [$50,000], the lesser |
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48 | 46 | | of $365,000 [$50,000] or the total amount available under those |
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49 | 47 | | subdivisions may be appropriated only to the Texas Tech University |
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50 | 48 | | Viticulture and Enology program [Agricultural Experiment Station |
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51 | 49 | | for viticulture research]. |
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52 | 50 | | (e) If the amount available for a fiscal year under |
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53 | 51 | | Subsections (b)(1) and (2) exceeds $1,195,000 [$100,000], the |
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54 | 52 | | lesser of the amount remaining under Subsection (b)(2) or $150,000 |
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55 | 53 | | [$65,000] may be appropriated only to the Texas Wine Marketing |
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56 | 54 | | Research Institute at Texas Tech University. |
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57 | 55 | | (j) If the amount available for a fiscal year under |
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58 | 56 | | Subsections (b)(1) and (2) exceeds the maximum amount that may be |
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59 | 57 | | appropriated under Subsections (c), (d), and (e) [(c)-(g)], the |
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60 | 58 | | lesser of the amount remaining under Subsections (b)(1) and (2) or |
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61 | 59 | | $150,000 [$50,000] may be appropriated only for distribution to the |
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62 | 60 | | T. V. Munson Viticulture and Enology Center of the [at] Grayson |
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63 | 61 | | County Junior [Community] College District to fund educational |
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64 | 62 | | programs [the associate degree program] at the center. |
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65 | 63 | | (n) If revenue [Revenue] derived under Subsection (b)(2) is |
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66 | 64 | | [and] not otherwise appropriated under this section, the lesser of |
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67 | 65 | | that remaining revenue or $300,000 [Subsections (c)-(k)] may be |
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68 | 66 | | appropriated only for deposit into the wine industry development |
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69 | 67 | | fund: |
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70 | 68 | | (1) for the development of technologies, strategies, |
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71 | 69 | | and practices for mitigating or eliminating the effects of frost, |
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72 | 70 | | pestilence, or infestation on grapevines for which money donated |
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73 | 71 | | from private sources under Chapter 50B, Agriculture Code, is also |
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74 | 72 | | spent; and |
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75 | 73 | | (2) in an amount that does not exceed the amount of the |
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76 | 74 | | donated money described by Subdivision (1) that is spent for the |
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77 | 75 | | same purposes [of increasing the economic impact of the Texas wine |
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78 | 76 | | producing industry on the state]. |
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79 | 77 | | (n-1) Any revenue available for a fiscal year under |
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80 | 78 | | Subsection (b) that is not otherwise appropriated as authorized by |
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81 | 79 | | this section may be appropriated only to the Department of |
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82 | 80 | | Agriculture for deposit into the wine industry development fund |
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83 | 81 | | for: |
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84 | 82 | | (1) the development of technologies, strategies, and |
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85 | 83 | | practices for mitigating or eliminating the effects of frost, |
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86 | 84 | | pestilence, or infestation on grapevines; and |
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87 | 85 | | (2) the department's direct and indirect costs |
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88 | 86 | | associated with administering programs under Subsection (n) or |
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89 | 87 | | Subdivision (1) of this subsection. |
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90 | 88 | | (p) This section expires September 1, 2025 [2015]. |
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91 | 89 | | SECTION 2. Sections 205.03(a), (f), (g), (h), (i), (k), |
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92 | 90 | | (l), (m), and (o), Alcoholic Beverage Code, are repealed. |
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93 | 91 | | SECTION 3. This Act takes effect September 1, 2015. |
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