| (a) The Committee. The Wine Advisory Committee (Committee)
is established pursuant to Texas Agriculture Code §12.0204. The
Committee serves in an advisory capacity and is subject to Texas Government
Code, Chapter 2110.
(b) Purpose.
(1) The Committee shall assist the Commissioner by
developing recommendations concerning a long-term vision and marketable
identity for the wine industry in the state and assist the Commissioner
in establishing and implementing the Texas Wine Marketing Assistance
Program under Texas Alcoholic Beverage Code, Chapter 110.
(2) The Committee may make recommendations related
to wine marketing, research, or educational outreach activities for
the department.
(3) At the request of the Commissioner, the Committee
may also offer recommendations associated with department rules and
internal policies to accomplish the goals and objectives of the Texas
Wine Marketing Assistance Program.
(c) Composition. The Committee shall be composed of
eleven members appointed by the Commissioner from the following groups:
(1) three grape growers representing various regions
of the state;
(2) three wineries representing various sizes and
regions of the state;
(3) two researchers or educators specializing in viticulture
or enology;
(4) two consumer representatives; and
(5) one employee of the Texas Alcoholic Beverage Commission.
(d) Terms of Service for Committee Membership.
(1) Each Committee member serves a four-year term,
except for members initially appointed to two-year terms as provided
by paragraph (2) of this subsection.
(2) Members shall be appointed to staggered terms
so that the terms of service for approximately half of the members
will expire each odd year. Of the Committee members initially appointed,
five will be appointed for an initial term of two years and six will
be appointed for an initial term of four years.
(3) Members shall continue to serve after expiration
of their term of service until a replacement is appointed.
(4) The Commissioner may reappoint a member to the
Committee.
(5) Any vacancy occurring in an appointed position
on the Committee shall be filled by the Commissioner for the unexpired
term.
(6) Appointments to the Committee shall be made without
regard to the race, color, disability, sex, religion, age, or national
origin of the appointees.
(e) Officers.
(1) The Committee shall elect a presiding officer
and an assistant presiding officer at its first meeting.
(2) The presiding officer shall preside at all committee
meetings at which he or she is in attendance, call meetings in accordance
with this section, and cause proper reports to be made to the Commissioner
as applicable.
(3) The assistant presiding officer shall perform
the duties of the presiding officer in case of the absence or disability
of the presiding officer. In case the office of presiding officer
becomes vacant, the assistant presiding officer will serve until a
successor is elected to complete the unexpired portion of the term
of the office of presiding officer.
(4) A vacancy which occurs in the offices of presiding
officer or assistant presiding officer may be filled at the next committee
meeting.
(5) The Committee may reference its officers by other
terms such as chairperson and vice-chairperson.
(f) Meetings.
(1) The Committee shall meet only as necessary to
conduct Committee business, but no less frequently than once each
calendar year, to provide guidance to the Commissioner in establishing
and implementing the program.
(2) A meeting may be called by agreement of department
staff and either the presiding officer or at least three members of
the Committee.
(3) Meeting arrangements shall be made by department
staff. Department staff shall contact Committee members to determine
availability for a meeting date and place.
(4) The Committee is not a "governmental body"
as defined in the Open Meetings Act, Texas Government Code, Chapter
551. Meetings of the Committee may be announced in advance on the
department's website for a reasonable time when public participation
is solicited by the Committee.
(5) Each member of the Committee shall be informed
of a committee meeting at least five business days before the meeting.
(6) A simple majority of the members of the Committee
shall constitute a quorum for the purpose of transacting business.
(7) The Committee may only meet with a quorum present.
(g) Attendance.
(1) Members shall attend Committee meetings as scheduled.
(2) A member shall notify the presiding officer or
appropriate department staff if he or she is unable to attend a scheduled
meeting.
(3) It is grounds for removal from the Committee if
a member cannot discharge the member's duties for a substantial part
of the term for which the member is appointed because of illness or
disability, or is absent from at least three consecutive Committee
meetings.
(4) The validity of an action of the Committee is
not affected by the fact that it is taken when a ground for removal
of a member exists.
(h) Procedures.
(1) Any action taken by the Committee must be approved
by a majority vote of the members present once a quorum is established.
(2) Each member shall have one vote.
(3) A member may not authorize another individual
to represent the member by proxy.
(4) The Committee shall make decisions in the discharge
of its duties without discrimination based on any person's race, creed,
gender, religion, national origin, age, physical condition, or economic
status.
(5) Minutes of each Committee meeting shall be taken
by department staff.
(i) Reporting. The manner in which the Committee will
report to the department is by the preparation and submission of committee
minutes. In addition, the Commissioner may request that the Committee
prepare and submit a report of Committee activities.
(j) Conduct By Members.
(1) The Commissioner, the department, and the Committee
shall not be bound in any way by any statement or action on the part
of any Committee member except when a statement or action is specifically
authorized by the Commissioner or department.
(2) The Committee and its members may not participate
in an official capacity in legislative activities in the name of the
department or the Committee except with approval of the department.
Committee members are not prohibited from representing themselves
or other entities in the legislative process.
(3) A Committee member should not accept or solicit
any benefit that might reasonably tend to influence the member in
the discharge of the member's duties.
(4) A Committee member should not disclose confidential
information acquired through his or her Committee membership.
(5) A Committee member should not knowingly solicit,
accept, or agree to accept any benefit for having exercised the member's
powers or duties in favor of another person.
(6) A Committee member who has a personal or private
interest in a matter pending before the Committee shall publicly disclose
the fact in a Committee meeting and may not vote or otherwise participate
in the matter. The phrase "personal or private interest"
means the Committee member has a direct pecuniary interest in the
matter but does not include the Committee member's engagement in a
profession, trade, or occupation when the member's interest is the
same as all others similarly engaged in the profession, trade, or
occupation.
(7) A person may not serve as a member of Committee
if the person is required to register as a lobbyist under Chapter
305, Government Code because of the person's activities for compensation
on a matter related to the Committee.
(k) Committee Member Training.
(1) Before a member of the Committee may assume the
member's duties, the member must complete at least one course of the
training program established under this subsection.
(2) A training program established under this section
shall provide information to the member regarding:
(A) the role and functions of the Committee; and
(B) the requirements of the conflict of interest laws
and any applicable ethics policies adopted by the department or the
Texas Ethics Commission.
(l) Staff. Staff support for the Committee shall be
provided by the department.
(m) Evaluation and Duration.
(1) In accordance with Texas Government Code, §2110.006,
department staff responsible for the Texas Wine Marketing Assistance
Program shall evaluate the Committee on an annual basis and report
its findings to the Commissioner. The evaluation shall be reported
to the Legislative Budget Board as required by law.
(2) If the committee is not continued or consolidated
with another committee by November 1, 2026, the committee shall be
abolished on that date.
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