CHAPTER 50B. TEXAS WINE INDUSTRY DEVELOPMENT ACT - Texas Statutes

AGRICULTURE CODE

TITLE 3. AGRICULTURAL RESEARCH AND PROMOTION

CHAPTER 50B. TEXAS WINE INDUSTRY DEVELOPMENT ACT

Sec. 50B.001. FINDINGS AND PURPOSE. The legislature finds that:

(1) it is in the public interest to encourage the orderly growth

and development of sustainable labor-intensive, value-added

agricultural industries such as the wine grape growing and wine

making industries;

(2) the production and distribution of wine and wine-related

products constitute an important industry of this state that

stimulates tourism and provides substantial and necessary

revenues for the state and employment for the state's residents

and provides an important food that benefits the public health

and welfare; and

(3) it is vital to the continued economic well-being and general

welfare of the citizens of this state that the state's wine

grapes and wine be properly promoted by:

(A) enabling the wine industry in this state to help itself in

establishing orderly, fair, sound, efficient, and unhampered

marketing of wine grapes and the wines they produce; and

(B) working to stabilize the wine industry in the state by

increasing markets for wine grapes and wine within the state and

the nation and internationally.

Added by Acts 2005, 79th Leg., Ch.

878, Sec. 2, eff. June 17, 2005.

Sec. 50B.0015. DEFINITION. In this chapter, "committee" means

the wine industry development and marketing advisory committee.

Added by Acts 2009, 81st Leg., R.S., Ch.

506, Sec. 4.01, eff. September 1, 2009.

Sec. 50B.002. WINE INDUSTRY DEVELOPMENT AND MARKETING ADVISORY

COMMITTEE. (a) The commissioner shall appoint a wine industry

development and marketing advisory committee to:

(1) develop a long-term vision and marketable identity for the

wine industry in the state that take into consideration future

industry development, funding, research, educational programming,

risk management, and marketing; and

(2) assist the commissioner in establishing and implementing the

Texas Wine Marketing Assistance Program under Chapter 110,

Alcoholic Beverage Code.

(b) The committee consists of members appointed by the

commissioner who represent a diverse cross-section of the wine

industry, including representatives of:

(1) grape growers;

(2) wineries;

(3) wholesalers;

(4) package stores;

(5) retailers;

(6) researchers;

(7) consumers;

(8) the department; and

(9) the Texas Alcoholic Beverage Commission.

(c) The members of the committee serve without compensation.

(d) A member of the committee serves at the pleasure of the

commissioner for a term of two years. The commissioner may

reappoint a member to the committee.

(e) The commissioner shall select a presiding officer from among

the members and adopt rules governing the operation of the

committee.

(f) The committee shall meet as necessary to provide guidance to

the commissioner.

Added by Acts 2005, 79th Leg., Ch.

878, Sec. 2, eff. June 17, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

506, Sec. 4.02, eff. September 1, 2009.

Sec. 50B.003. WINE INDUSTRY DEVELOPMENT FUND. (a) The wine

industry development fund is an account in the general revenue

fund and consists of funds deposited to the account under this

section.

(b) Money in the account may be appropriated only to the

department and may be used only for the purpose of:

(1) providing funding to public or private entities to conduct

surveys, research, and other projects related to:

(A) developing the Texas wine industry;

(B) developing viticulture and enology-related education

programs;

(C) eliminating and eradicating Pierce's disease, the

glassy-winged sharpshooter, and other diseases and pests that

negatively impact the production of grapes and wine in the United

States; and

(D) developing technologies or practices that could benefit the

production of grapes and wine; and

(2) any administrative costs the department incurs in fulfilling

the purposes described by Subdivision (1).

(c) The account is exempt from the application of Section

403.095, Government Code.

(d) The department may accept grants, gifts, or gratuities from

any source, including a governmental entity, a private or public

corporation, or any other person, that are made for the purpose

of furthering the Texas wine industry. Any funds received under

this subsection shall be deposited in the wine industry

development fund.

Added by Acts 2005, 79th Leg., Ch.

878, Sec. 2, eff. June 17, 2005.