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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. Section 205.03, Alcoholic Beverage Code, is |
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amended by amending Subsections (b), (c), (d), (e), (j), (n), and |
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(p) and adding Subsection (n-1) to read as follows: |
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(b) Notwithstanding Section 205.02, the following revenue |
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may be appropriated for each state fiscal year only as specified by |
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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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2014 [2004], compounded annually for fiscal years 2015-2025 |
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[2005-2015] by the average percentage by which revenue from those |
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sources increased from one fiscal year to the next between |
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September 1, 2005 [1999], and August 31, 2013 [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 derived |
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from excise taxes on wine produced in this state and sales taxes |
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remitted by holders of winery permits in this state, according to |
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the most recent projection, as of the beginning of the fiscal year, |
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by the comptroller for the fiscal year exceeds the amount of revenue |
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from those sources for fiscal year 2014 [2004], compounded annually |
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for fiscal years 2015-2025 [2005-2015] by the average percentage by |
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which revenue from those sources increased from one fiscal year to |
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the next between September 1, 2005 [1999], and August 31, 2013 |
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[2003]; or |
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(B) $1 million. |
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(c) Out of the amounts available under Subsections (b)(1) and |
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(2) for a fiscal year, the lesser of $830,000 [$50,000] or the total |
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amount available under those subdivisions may be appropriated only |
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to [the] Texas A&M AgriLife [Cooperative] Extension Service [for
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extension viticulture operations]. |
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(d) If the amount available for a fiscal year under |
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Subsections (b)(1) and (2) exceeds $830,000 [$50,000], the lesser |
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of $365,000 [$50,000] or the total amount available under those |
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subdivisions may be appropriated only to the Texas Tech University |
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Viticulture and Enology program [Agricultural Experiment Station
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for viticulture research]. |
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(e) If the amount available for a fiscal year under |
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Subsections (b)(1) and (2) exceeds $1,195,000 [$100,000], the |
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lesser of the amount remaining under Subsection (b)(2) or $150,000 |
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[$65,000] may be appropriated only to the Texas Wine Marketing |
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Research Institute at Texas Tech University. |
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(j) If the amount available for a fiscal year under |
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Subsections (b)(1) and (2) exceeds the maximum amount that may be |
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appropriated under Subsections (c), (d), and (e) [(c)-(g)], the |
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lesser of the amount remaining under Subsections (b)(1) and (2) or |
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$150,000 [$50,000] may be appropriated only for distribution to the |
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T. V. Munson Viticulture and Enology Center of the [at] Grayson |
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County Junior [Community] College District to fund educational |
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programs [the associate degree program] at the center. |
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(n) If revenue [Revenue] derived under Subsection (b)(2) is |
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[and] not otherwise appropriated under this section, the lesser of |
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that remaining revenue or $300,000 [Subsections (c)-(k)] may be |
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appropriated only for deposit into the wine industry development |
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fund: |
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(1) for the development of technologies, strategies, |
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and practices for mitigating or eliminating the effects of frost, |
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pestilence, or infestation on grapevines for which money donated |
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from private sources under Chapter 50B, Agriculture Code, is also |
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spent; and |
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(2) in an amount that does not exceed the amount of the |
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donated money described by Subdivision (1) that is spent for the |
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same purposes [of increasing the economic impact of the Texas wine
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producing industry on the state]. |
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(n-1) Any revenue available for a fiscal year under |
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Subsection (b) that is not otherwise appropriated as authorized by |
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this section may be appropriated only to the Department of |
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Agriculture for deposit into the wine industry development fund |
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for: |
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(1) the development of technologies, strategies, and |
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practices for mitigating or eliminating the effects of frost, |
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pestilence, or infestation on grapevines; and |
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(2) the department's direct and indirect costs |
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associated with administering programs under Subsection (n) or |
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Subdivision (1) of this subsection. |
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(p) This section expires September 1, 2025 [2015]. |
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SECTION 2. Sections 205.03(a), (f), (g), (h), (i), (k), |
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(l), (m), and (o), Alcoholic Beverage Code, are repealed. |
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SECTION 3. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 881 passed the Senate on |
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May 5, 2015, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 881 passed the House on |
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May 26, 2015, by the following vote: Yeas 133, Nays 12, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |