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A BILL TO BE ENTITLED
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AN ACT
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relating to expenditure 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 to read as follows: |
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Sec. 205.03. EXCEPTION FOR CERTAIN WINE-RELATED REVENUE. |
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(a) In this section, "institution of higher education" has the |
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meaning assigned by Section 61.003, Education Code. |
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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 |
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the011beginning of the fiscal year, by the comptroller for the |
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fiscal year exceeds the amount of revenue from those sources for |
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fiscal year 2004 2010, compounded annually for fiscal years |
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2005-2015 2011-2021. by the average percentage by which revenue
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from those sources increased from one fiscal year to the next
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between September 1, 1999, and August 31, 2003; or |
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(B) $1 million $500,000; 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 2004, 2010 compounded annually |
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for fiscal years 2005-2015 2011-2021 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, 1999, and August 31, 2003; or
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(B) $1 million $500,000. |
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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 25,000 or the total |
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amount available under those subdivisions may be appropriated only |
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to the Texas Cooperative Extension for extension viticulture |
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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 $50,000 25,000, the lesser of |
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$50,000 25,000 or the total amount available under those |
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subdivisions may be appropriated only to the Texas Agricultural |
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Experiment Station 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 $100,000, 50,000 the lesser of |
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the amount remaining under Subsection (b)(2) or $65,000 $32,500 may |
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be appropriated only to the Texas Wine Marketing Research Institute |
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at Texas Tech University. |
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(f) 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), (d), and (e), the lesser of the |
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amount remaining under Subsections (b)(1) and (2) or $280,000 |
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$140,000 may be appropriated only to the Department of Agriculture |
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for distribution as provided by Subsections (g), (h), and (i). |
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(g) Except as provided by Subsections (h) and (i), money |
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appropriated to the Department of Agriculture under Subsection (f) |
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may be distributed only as follows: |
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(1) the lesser of the total amount appropriated to the |
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department under Subsection (f) or $50,000 $25,000 shall be |
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distributed to an appropriate institution of higher education to |
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fund a new part-time extension faculty position in enology; |
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(2) if the amount appropriated under Subsection (f) |
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exceeds $50,000, $25,000 the lesser of the remaining amount or |
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$50,000 $25,000 shall be distributed to an appropriate institution |
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of higher education for extension enology operations; |
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(3) if the amount appropriated under Subsection (f) |
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exceeds $100,000, $50,000 the lesser of the remaining amount or |
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$50,000 $50,000 shall be distributed to the institution of higher |
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education designated under Subdivision (1) to fund a new part-time |
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faculty position in enology research; |
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(4) if the amount appropriated under Subsection (f) |
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exceeds $150,000, $75,000 the lesser of the remaining amount or |
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$50,000 $25,000 shall be distributed to an appropriate institution |
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of higher education to fund enology research program operations; |
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(5) if the amount appropriated under Subsection (f) |
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exceeds $200,000, $100,000 the lesser of the remaining amount or |
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$30,000 $15,000 shall be distributed to an appropriate institution |
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of higher education for technical support personnel for enology |
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research; and |
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(6) if the amount appropriated under Subsection (f) |
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exceeds $230,000, $115,000 the lesser of the remaining amount or |
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$50,000 $25,000 shall be distributed to an appropriate institution |
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of higher education to fund two graduate internships in enology. |
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(h) If the maximum amount that may be distributed for a |
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purpose provided by Subsection (g) is not available and the |
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commissioner of agriculture determines that the amount available |
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for that purpose is insufficient to achieve that purpose, the |
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commissioner of agriculture may deposit the lesser amount into the |
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wine industry development fund to be used for a purpose described by |
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Subsection (l). |
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(i) Money appropriated under Subsection (f) derived from |
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Subsection (b)(1) may be used only for a purpose described by |
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Subsection (m). |
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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 amount that may be |
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appropriated under Subsections (c)-(g), the lesser of the amount |
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remaining under Subsections (b)(1) and (2) or $50,000 $25,000 may |
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be appropriated only for distribution to the T. V. Munson |
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Viticulture and Enology Center at Grayson Community College to fund |
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the associate degree program at the center. |
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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 $125,000 may be appropriated only to |
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the 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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5.55, as added by Chapter 101, Acts of the 78th Legislature, Regular |
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Session, 2003, on permit and license holders who are not authorized |
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to sell wine by an amount that will reduce the total amount |
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collected under that section by the amount appropriated to the |
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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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(m) Revenue derived under Subsection (b)(1) and not |
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otherwise appropriated under Subsections (c)-(k) may be |
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appropriated only for the purpose of: |
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(1) developing viticulture-related and |
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enology-related education programs; |
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(2) eliminating and eradicating Pierce's disease, the |
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glassy-winged sharpshooter, and other diseases and pests that |
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negatively impact the production of grapes and wine in the United |
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States; or |
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(3) developing technologies, strategies, or practices |
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that could benefit the production of grapes and wine in the United |
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States. |
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(n) Revenue derived under Subsection (b)(2) and not |
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otherwise appropriated under Subsections (c)-(k) may be |
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appropriated only for the purposes of increasing the economic |
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impact of the Texas wine producing industry on the state. |
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(o) The comptroller shall provide the Department of |
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Agriculture information necessary to allow the department to |
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identify the amount of revenue appropriated to the department that |
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is derived under Subsection (b)(1) and the amount of that revenue |
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that is derived under Subsection (b)(2) so that the department may |
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distribute the revenue in accordance with this section. |
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(p) This section expires September 1, 2015 2021. |
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SECTION 2. This Act takes effect September 1, 2011. |