SRC-VRA C.S.S.B. 855 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 855
By: Madla
Finance
3/12/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

The 77th Legislature established the Texas Wine Marketing Assistance
Program within the Department of Agriculture to assist the Texas wine
industry in promoting and marketing Texas wines and educating the public
about the Texas wine industry.  To facilitate the implementation and
operation of this program, a funding mechanism was created which generates
$250,000 per year from a surcharge imposed on certain licenses and permits
issued by the Texas Alcoholic Beverage Commission.  However, that
mechanism was only authorized for use through August 31, 2003. C.S.S.B.
855 will continue that funding mechanism on a permanent basis. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 5B, Alcoholic Beverage Code, by adding Section
5.55, as follows: 
 
Sec. 5.55.  FUNDING OF TEXAS WINE MARKETING ASSISTANCE PROGRAM.  (a)
Requires the Texas Alcoholic Beverage Commission (TABC), notwithstanding
any other law, on or before October 1 of each fiscal year, to transfer
from funds appropriated to TABC $250,000 to the Texas Department of
Agriculture (TDA) to be used by TDA to implement the Texas Wine Marketing
Assistance Program established by Chapter 110. 
 
(b)  Authorizes TABC in accordance with this subsection to recover the
amount transferred under Subsection (a) by imposing a surcharge on
licenses and permits, other than an agent's permit or an agent's beer
license, issued or renewed by TABC each fiscal year.  Requires the
surcharge to be an amount equal to the amount transferred under Subsection
(a) divided by the number of licenses and permits TABC anticipates issuing
during that year, rounded down to the next lowest whole dollar. 
 
(c)  Prohibits the governing body of an incorporated city or town or the
commissioners court of a county from levying and collecting a fee under
Section 11.38 or 61.36 based on a surcharge imposed under this section. 

SECTION 2.  Effective date:  September 1, 2003.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Differs from the original by deleting a reference to the
General Appropriations Act from proposed text.