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A BILL TO BE ENTITLED
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AN ACT
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relating to the dedication of certain wine-related revenue. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 205.03(b), (c), (k), (l), and (p), |
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Alcoholic Beverage Code, are amended to read as follows: |
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(b) The [Notwithstanding Section 205.02, the] following |
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revenue may be appropriated for each state fiscal year only as |
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specified by this section: |
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(1) [the lesser of:
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[(A)] the amount, if any, by which the amount of |
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revenue derived from excise taxes on wine produced in a state other |
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than Texas and any sales taxes collected from holders of |
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out-of-state winery direct shipper's permits as a result of the |
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passage of Senate Bill No. 877 by the 79th Legislature, Regular |
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Session, 2005, according to the most recent projection, as of the |
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beginning of the fiscal year, by the comptroller for the fiscal year |
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exceeds the amount of revenue from those sources for fiscal year |
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2004, compounded annually for fiscal years 2005-2017 [2005-2015] by |
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the average percentage by which revenue from those sources |
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increased from one fiscal year to the next between September 1, |
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1999, and August 31, 2003; [or
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[(B) $1 million;] and |
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(2) [the lesser of:
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[(A)] the amount, if any, by which revenue |
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derived from excise taxes on wine produced in this state and sales |
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taxes remitted by holders of winery permits in this state, |
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according to the most recent projection, as of the beginning of the |
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fiscal year, by the comptroller for the fiscal year exceeds the |
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amount of revenue from those sources for fiscal year 2004, |
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compounded annually for fiscal years 2005-2017 [2005-2015] by the |
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average percentage by which revenue from those sources increased |
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from one fiscal year to the next between September 1, 1999, and |
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August 31, 2003[; or
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[(B) $1 million]. |
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(c) Out of the amounts available under Subsections (b)(1) |
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and (2) for a fiscal year, the lesser of $50,000 or the total amount |
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available under those subdivisions may be appropriated only to the |
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Texas A&M AgriLife [Cooperative] Extension Service for extension |
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viticulture operations. |
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(k) If the amount available for a fiscal year under |
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Subsections (b)(1) and (2) exceeds the amount that may be |
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appropriated under Subsections (c)-(j): |
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(1) the lesser of the amount remaining under |
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Subsection (b)(2) or $250,000 may be appropriated only to the |
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commission; and |
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(2) the commission shall reduce the amount of the |
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surcharge imposed during the following fiscal year under Section |
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5.56 [5.55, as added by Chapter 101, Acts of the 78th Legislature,
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Regular Session, 2003,] on permit and license holders who are not |
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authorized to sell wine by an amount that will reduce the total |
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amount collected under that section by the amount appropriated to |
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the commission under Subdivision (1). |
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(l) If the amount available for a fiscal year under |
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Subsections (b)(1) and (2) exceeds the amounts that may be |
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appropriated under Subsections (c)-(k), the remaining amount shall |
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be deposited in the general revenue fund to the credit of the wine |
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industry development fund and may be appropriated only to the |
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Department of Agriculture[.
Money appropriated under this
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subsection may be used only] for the purpose of providing funding to |
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public or private entities to conduct surveys, research, and other |
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projects related to a purpose described by Subsection (m) or (n). |
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(p) This section expires September 1, 2017 [2015]. |
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SECTION 2. The comptroller of public accounts shall |
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establish the wine industry development fund in accordance with |
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Section 50B.003, Agriculture Code, as if the wine industry |
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development fund had not been abolished by operation of Section 2, |
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Chapter 1358 (S.B. 1605), Acts of the 79th Legislature, Regular |
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Session, 2005. The wine industry development fund is re-created by |
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this Act. The dedications of money in the wine industry development |
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fund made by Section 50B.003, Agriculture Code, and Section 205.03, |
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Alcoholic Beverage Code, in Chapters 375 (S.B. 1370) and 878 (S.B. |
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1137), Acts of the 79th Legislature, Regular Session, 2005, that |
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were abolished by operation of Section 2, Chapter 1358 (S.B. 1605), |
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Acts of the 79th Legislature, Regular Session, 2005, are |
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rededicated by this Act for the same purposes. |
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SECTION 3. This Act takes effect September 1, 2015. |