Bill Text: TX SB2129 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the establishment of a program for marketing, promotion, research, and education efforts regarding Texas wine; authorizing assessments.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2017-03-28 - Referred to Business & Commerce [SB2129 Detail]
Download: Texas-2017-SB2129-Introduced.html
| 85R12191 JAM-D | ||
| By: Nelson | S.B. No. 2129 | |
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| relating to the establishment of a program for marketing, | ||
| promotion, research, and education efforts regarding Texas wine; | ||
| authorizing assessments. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 41, Agriculture Code, is amended by | ||
| adding Subchapter J to read as follows: | ||
| SUBCHAPTER J. TEXAS WINE MARKETING, PROMOTION, RESEARCH, AND | ||
| EDUCATION | ||
| Sec. 41.251. DEFINITIONS. In this subchapter: | ||
| (1) "Board" means the commodity producers board | ||
| elected under Section 41.254. | ||
| (2) "Foundation" means the Texas Wine Foundation. | ||
| (3) "Vineyard grower" means the owner, landlord, | ||
| tenant, or sharecropper who is entitled to wine grapes from a | ||
| vineyard. | ||
| (4) "Wine grapes" means grapes grown for the purpose | ||
| of producing wine. | ||
| (5) "Winery" means a person who annually produces not | ||
| less than 200 gallons of wine from grapes grown by the person or a | ||
| vineyard grower. | ||
| Sec. 41.252. DECLARATION OF POLICY. (a) The legislature | ||
| intends that the marketing, promotion, research, and education | ||
| efforts regarding Texas wine under this subchapter use existing | ||
| wine industry infrastructure to the extent possible. | ||
| (b) The foundation shall be the certified organization to | ||
| plan, implement, and operate marketing, promotion, research, and | ||
| education programs under this subchapter. If the board establishes | ||
| a state wine check off program under Section 41.255, the foundation | ||
| shall administer that program. | ||
| Sec. 41.253. CONFLICT WITH GENERAL COMMODITY LAW | ||
| PROVISIONS. To the extent that the provisions of this subchapter | ||
| conflict with other provisions of this chapter, the provisions of | ||
| this subchapter prevail. | ||
| Sec. 41.254. BOARD. (a) The foundation may petition the | ||
| commissioner for the election of a commodity producers board under | ||
| this subchapter. | ||
| (b) The board shall be composed of 11 members elected as | ||
| follows: | ||
| (1) three vineyard growers from the Texas High Plains | ||
| American Viticultural Area elected by vineyard growers in that | ||
| region; | ||
| (2) one vineyard grower from the Texas Hill Country | ||
| American Viticultural Area elected by vineyard growers in that | ||
| region; | ||
| (3) one vineyard grower from a region other than the | ||
| regions described by Subdivisions (1) and (2) elected by vineyard | ||
| growers from regions other than the regions described by | ||
| Subdivisions (1) and (2); | ||
| (4) one winery from the region described by | ||
| Subdivision (2) elected by wineries in that region that purchase | ||
| wine grapes grown in this state; | ||
| (5) four wineries from regions other than the region | ||
| described by Subdivision (2) elected by wineries in regions other | ||
| than the region described by Subdivision (2) that purchase wine | ||
| grapes grown in this state; and | ||
| (6) the immediate past president of the Texas Wine and | ||
| Grape Growers Association. | ||
| (c) Board members serve staggered terms of four years with | ||
| five or six members' terms expiring every two years, as | ||
| appropriate. The initial members elected under Subsection (a) | ||
| shall establish the staggered terms of each initial director by lot | ||
| such that the positions of two or three vineyard growers and two or | ||
| three wineries expire at the same time. | ||
| Sec. 41.255. STATE WINE CHECK OFF PROGRAM. The board may | ||
| establish and the foundation on the board's behalf may operate a | ||
| state wine check off program that is separate from any wine check | ||
| off program established by federal law. | ||
| Sec. 41.256. DONATIONS. The foundation may accept gifts, | ||
| donations, and grants of money, including appropriated funds, from | ||
| the state government, the federal government, local governments, | ||
| private corporations, or other persons, to be used for the purposes | ||
| of this subchapter. | ||
| Sec. 41.257. ASSESSMENTS. (a) The commissioner, on the | ||
| recommendation of the foundation, shall propose a maximum | ||
| assessment amount on vineyard growers and wineries in a referendum | ||
| under Section 41.258. | ||
| (b) If an assessment referendum is approved, the foundation | ||
| shall recommend to the commissioner an assessment amount not | ||
| greater than the maximum amount approved in the referendum. After | ||
| the assessment is approved by the commissioner, the foundation | ||
| shall collect the assessment. | ||
| (c) An assessment levied on vineyard growers and wineries | ||
| shall be applied by the foundation to the marketing, promotion, | ||
| research, and education efforts regarding Texas wine in this state, | ||
| the United States, and international markets, including the | ||
| foundation's administrative costs and the cost of conducting an | ||
| assessment referendum. | ||
| (d) Assessments collected by the foundation are not state | ||
| funds and are not required to be deposited in the state treasury. | ||
| Sec. 41.258. CONDUCT OF REFERENDUM; BALLOTING. (a) On the | ||
| recommendation of the foundation, the commissioner shall conduct a | ||
| referendum on a maximum assessment amount proposed under Section | ||
| 41.257. | ||
| (b) Only a vineyard grower or winery who has sold or | ||
| processed wine grapes in the last 12 months before the date of the | ||
| referendum is eligible to vote in the referendum. | ||
| (c) Except as provided by Subsection (d), an eligible | ||
| vineyard grower or winery may vote only once in a referendum. | ||
| (d) A person who is both a vineyard grower and a winery may | ||
| vote twice with each vote weighted accordingly under Subsection | ||
| (e). | ||
| (e) Each vineyard grower's vote is weighted according to the | ||
| weight of the wine grapes produced by the grower. Each winery's | ||
| vote is weighted according to the weight of the grapes processed by | ||
| the winery. In calculating the weight of wine grapes produced by a | ||
| vineyard grower, wine grapes sold outside this state may not be | ||
| considered. | ||
| (f) A referendum is approved if votes associated with a | ||
| majority of the weight of grapes grown and processed are cast in | ||
| favor of the referendum. | ||
| (g) Individual voter information, including an individual's | ||
| vote in a referendum conducted under this section, is confidential | ||
| and not subject to disclosure under Chapter 552, Government Code. | ||
| (h) The foundation shall pay all expenses incurred in | ||
| conducting a referendum with funds collected from the wine | ||
| industry. The foundation may recoup those expenses from | ||
| assessments if the referendum is approved. | ||
| Sec. 41.259. EXEMPTIONS. A referendum conducted under | ||
| Section 41.258 may provide for exemptions from the assessment for: | ||
| (1) a vineyard with less than three acres that produce | ||
| wine grapes; and | ||
| (2) a winery that processes less than 20,000 pounds of | ||
| wine grapes grown in this state. | ||
| SECTION 2. This Act takes effect September 1, 2017. | ||
