Section 1.201 - Wine Advisory Committee(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.4 Tex. Admin. Code § 1.201
The provisions of this §1.201 adopted to be effective August 30, 2000, 25 TexReg 8375; Repealed by Texas Register, Volume 47, Number 37, September 16, 2022, TexReg 5780, eff. 9/21/2022; Amended by Texas Register, Volume 48, Number 03, January 20, 2023, TexReg 0211, eff. 1/26/2023