Texas 2017 - 85th Regular

Texas Senate Bill SB2129 Compare Versions

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

Old	New	Differences
1	1	85R12191 JAM-D
2	2	By: Nelson S.B. No. 2129
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of a program for marketing,
8	8	promotion, research, and education efforts regarding Texas wine;
9	9	authorizing assessments.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 41, Agriculture Code, is amended by
12	12	adding Subchapter J to read as follows:
13	13	SUBCHAPTER J. TEXAS WINE MARKETING, PROMOTION, RESEARCH, AND
14	14	EDUCATION
15	15	Sec. 41.251. DEFINITIONS. In this subchapter:
16	16	(1) "Board" means the commodity producers board
17	17	elected under Section 41.254.
18	18	(2) "Foundation" means the Texas Wine Foundation.
19	19	(3) "Vineyard grower" means the owner, landlord,
20	20	tenant, or sharecropper who is entitled to wine grapes from a
21	21	vineyard.
22	22	(4) "Wine grapes" means grapes grown for the purpose
23	23	of producing wine.
24	24	(5) "Winery" means a person who annually produces not
25	25	less than 200 gallons of wine from grapes grown by the person or a
26	26	vineyard grower.
27	27	Sec. 41.252. DECLARATION OF POLICY. (a) The legislature
28	28	intends that the marketing, promotion, research, and education
29	29	efforts regarding Texas wine under this subchapter use existing
30	30	wine industry infrastructure to the extent possible.
31	31	(b) The foundation shall be the certified organization to
32	32	plan, implement, and operate marketing, promotion, research, and
33	33	education programs under this subchapter. If the board establishes
34	34	a state wine check off program under Section 41.255, the foundation
35	35	shall administer that program.
36	36	Sec. 41.253. CONFLICT WITH GENERAL COMMODITY LAW
37	37	PROVISIONS. To the extent that the provisions of this subchapter
38	38	conflict with other provisions of this chapter, the provisions of
39	39	this subchapter prevail.
40	40	Sec. 41.254. BOARD. (a) The foundation may petition the
41	41	commissioner for the election of a commodity producers board under
42	42	this subchapter.
43	43	(b) The board shall be composed of 11 members elected as
44	44	follows:
45	45	(1) three vineyard growers from the Texas High Plains
46	46	American Viticultural Area elected by vineyard growers in that
47	47	region;
48	48	(2) one vineyard grower from the Texas Hill Country
49	49	American Viticultural Area elected by vineyard growers in that
50	50	region;
51	51	(3) one vineyard grower from a region other than the
52	52	regions described by Subdivisions (1) and (2) elected by vineyard
53	53	growers from regions other than the regions described by
54	54	Subdivisions (1) and (2);
55	55	(4) one winery from the region described by
56	56	Subdivision (2) elected by wineries in that region that purchase
57	57	wine grapes grown in this state;
58	58	(5) four wineries from regions other than the region
59	59	described by Subdivision (2) elected by wineries in regions other
60	60	than the region described by Subdivision (2) that purchase wine
61	61	grapes grown in this state; and
62	62	(6) the immediate past president of the Texas Wine and
63	63	Grape Growers Association.
64	64	(c) Board members serve staggered terms of four years with
65	65	five or six members' terms expiring every two years, as
66	66	appropriate. The initial members elected under Subsection (a)
67	67	shall establish the staggered terms of each initial director by lot
68	68	such that the positions of two or three vineyard growers and two or
69	69	three wineries expire at the same time.
70	70	Sec. 41.255. STATE WINE CHECK OFF PROGRAM. The board may
71	71	establish and the foundation on the board's behalf may operate a
72	72	state wine check off program that is separate from any wine check
73	73	off program established by federal law.
74	74	Sec. 41.256. DONATIONS. The foundation may accept gifts,
75	75	donations, and grants of money, including appropriated funds, from
76	76	the state government, the federal government, local governments,
77	77	private corporations, or other persons, to be used for the purposes
78	78	of this subchapter.
79	79	Sec. 41.257. ASSESSMENTS. (a) The commissioner, on the
80	80	recommendation of the foundation, shall propose a maximum
81	81	assessment amount on vineyard growers and wineries in a referendum
82	82	under Section 41.258.
83	83	(b) If an assessment referendum is approved, the foundation
84	84	shall recommend to the commissioner an assessment amount not
85	85	greater than the maximum amount approved in the referendum. After
86	86	the assessment is approved by the commissioner, the foundation
87	87	shall collect the assessment.
88	88	(c) An assessment levied on vineyard growers and wineries
89	89	shall be applied by the foundation to the marketing, promotion,
90	90	research, and education efforts regarding Texas wine in this state,
91	91	the United States, and international markets, including the
92	92	foundation's administrative costs and the cost of conducting an
93	93	assessment referendum.
94	94	(d) Assessments collected by the foundation are not state
95	95	funds and are not required to be deposited in the state treasury.
96	96	Sec. 41.258. CONDUCT OF REFERENDUM; BALLOTING. (a) On the
97	97	recommendation of the foundation, the commissioner shall conduct a
98	98	referendum on a maximum assessment amount proposed under Section
99	99	41.257.
100	100	(b) Only a vineyard grower or winery who has sold or
101	101	processed wine grapes in the last 12 months before the date of the
102	102	referendum is eligible to vote in the referendum.
103	103	(c) Except as provided by Subsection (d), an eligible
104	104	vineyard grower or winery may vote only once in a referendum.
105	105	(d) A person who is both a vineyard grower and a winery may
106	106	vote twice with each vote weighted accordingly under Subsection
107	107	(e).
108	108	(e) Each vineyard grower's vote is weighted according to the
109	109	weight of the wine grapes produced by the grower. Each winery's
110	110	vote is weighted according to the weight of the grapes processed by
111	111	the winery. In calculating the weight of wine grapes produced by a
112	112	vineyard grower, wine grapes sold outside this state may not be
113	113	considered.
114	114	(f) A referendum is approved if votes associated with a
115	115	majority of the weight of grapes grown and processed are cast in
116	116	favor of the referendum.
117	117	(g) Individual voter information, including an individual's
118	118	vote in a referendum conducted under this section, is confidential
119	119	and not subject to disclosure under Chapter 552, Government Code.
120	120	(h) The foundation shall pay all expenses incurred in
121	121	conducting a referendum with funds collected from the wine
122	122	industry. The foundation may recoup those expenses from
123	123	assessments if the referendum is approved.
124	124	Sec. 41.259. EXEMPTIONS. A referendum conducted under
125	125	Section 41.258 may provide for exemptions from the assessment for:
126	126	(1) a vineyard with less than three acres that produce
127	127	wine grapes; and
128	128	(2) a winery that processes less than 20,000 pounds of
129	129	wine grapes grown in this state.
130	130	SECTION 2. This Act takes effect September 1, 2017.