H.B. 1620 78(R)    BILL ANALYSIS


H.B. 1620
By: Swinford
Licensing & Administrative Procedures
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

As established by H.B. 892, 77th Legislature, The Texas Wine Marketing
Assistance Program was created to assist the Texas wine industry in
promoting and marketing Texas wines and educating the public about the
Texas wine industry.  Funded by monies transferred to the Department of
Agriculture from the Alcoholic Beverage Commission, the program's funding
ends August 31, 2003. 

H.B. 1620 provides for the continuation of the Texas Wine Marketing
Assistance Program through the same funds transferred from the Commission. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

Amends Subchapter B, Chapter 5, Alcoholic Beverages Code creating Section
5.55 Funding of Texas Wine Marketing Assistance Program.  

Section 5.55(a) states that on or before October 1 of each fiscal year,
the Texas Alcoholic Beverage Commission shall transfer funds in the amount
of $250,000 to the Texas Department of Agriculture to fund the Texas Wine
Marketing Assistance Program. 

Section 5.55(b) provides that the Commission may recover the amount
transferred to the Department by imposing a surcharge on licenses and
permits, other than an agent's permit or beer license. The surcharge shall
be an amount equal to the total amount transferred to the Department
divided by the total number of licenses and permits the Commission
anticipates issuing that year.   
 
Section 5.55(c) states that a governing body of a city or town or the
commissioners court of a county may not levy or collect a fee under
Sections 11.38 or 61.36 based on the surcharge imposed under his section. 


EFFECTIVE DATE

September 1, 2003.