Texas 2009 - 81st Regular

Texas House Bill HB398 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R3743 YDB-D
2	2	By: Ortiz, Jr. H.B. No. 398
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to special event trust funds used to promote major
8	8	athletic, motor sports racing, and other special events in this
9	9	state.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Title 12, Local Government Code, is amended by
12	12	adding Subtitle D, consisting of the provisions added to that
13	13	subtitle by this Act, and a heading to that subtitle is added to
14	14	read as follows:
15	15	SUBTITLE D. SPECIAL EVENT TRUST FUNDS
16	16	SECTION 2. Sections 1, 2, 3, 8, and 9, Chapter 1507 (S.B.
17	17	456), Acts of the 76th Legislature, Regular Session, 1999 (Article
18	18	5190.14, Vernon's Texas Civil Statutes), are transferred to
19	19	Subtitle D, Title 12, Local Government Code, as added by this Act,
20	20	designated as Chapter 521, and amended to read as follows:
21	21	CHAPTER 521. GENERAL PROVISIONS
22	22	Sec. 521.001 [1]. DEFINITIONS. In this subtitle [Act]:
23	23	(1) ["Department" means the Texas Department of
24	24	Economic Development or its successor.
25	25	[(1-a)] "Endorsing county" means an endorsing county
26	26	for purposes of Chapter 522, 523, or 524 [Section 5 or 5A of this
27	27	Act].
28	28	(2) "Endorsing municipality" means an endorsing
29	29	municipality for purposes of Chapter 522, 523, or 524 [Section 4, 5,
30	30	5A, or 5B of this Act].
31	31	(3) ["Games" means the 2011 Pan American Games or the
32	32	2012 Olympic Games.
33	33	[(3) "Games" means the Pan American Games, the Olympic
34	34	Games, the Super Bowl, the National Collegiate Athletic Association
35	35	Final Four, the National Basketball Association All-Star Game, the
36	36	National Hockey League All-Star Game, the Major League Baseball
37	37	All-Star Game, the National Collegiate Athletic Association Bowl
38	38	Championship Series Games, the World Cup Soccer Games, or the World
39	39	Games. The term includes the events and activities related to the
40	40	games.
41	41	[(4) "Games support contract" means a joinder
42	42	undertaking, a joinder agreement, or a similar contract executed by
43	43	the department and containing terms permitted or required by this
44	44	Act.
45	45	[(5)] "Joinder agreement" means an agreement entered
46	46	into by[:
47	47	[(A) the department on behalf of this state and a
48	48	site selection organization setting out representations and
49	49	assurances by the state in connection with the selection of a site
50	50	in this state for the location of any of the games; or
51	51	[(B)] an endorsing municipality, an endorsing
52	52	county, or more than one endorsing municipality or county acting
53	53	collectively and a site selection organization setting out
54	54	representations and assurances by each endorsing municipality or
55	55	county in connection with the selection of a site in this state for
56	56	the location of a special event under this subtitle [any of the
57	57	games].
58	58	(4) [(6)] "Joinder undertaking" means an agreement
59	59	entered into by[:
60	60	[(A) the department on behalf of this state and a
61	61	site selection organization that the state will execute a joinder
62	62	agreement in the event that the site selection organization selects
63	63	a site in this state for any of the games; or
64	64	[(B)] an endorsing municipality, an endorsing
65	65	county, or more than one endorsing municipality or county acting
66	66	collectively and a site selection organization that each endorsing
67	67	municipality or county will execute a joinder agreement in the
68	68	event that the site selection organization selects a site in this
69	69	state for special events under this subtitle [any of the games].
70	70	(5) [(7)] "Local organizing committee" means a
71	71	nonprofit corporation or its successor in interest that:
72	72	(A) has been authorized by an endorsing
73	73	municipality, endorsing county, or more than one endorsing
74	74	municipality or county acting collectively to pursue an application
75	75	and bid on the applicant's behalf to a site selection organization
76	76	for selection as the site of one or more special events under this
77	77	subtitle [games]; or
78	78	(B) with the authorization of an endorsing
79	79	municipality, endorsing county, or more than [that] one endorsing
80	80	municipality or county acting collectively, has executed an
81	81	agreement with a site selection organization regarding a bid to
82	82	host one or more special events under this subtitle [games].
83	83	(6) [(8)] "Site selection organization" means a site
84	84	selection organization for purposes of Chapter 522, 523, or 524
85	85	[the United States Olympic Committee, the International Olympic
86	86	Committee, the Pan American Sports Organization, the National
87	87	Football League, the National Collegiate Athletic Association, the
88	88	National Basketball Association, the National Hockey League, Major
89	89	League Baseball, Federation Internationale de Football Association
90	90	(FIFA), the International World Games Association, the Automobile
91	91	Competition Committee for the United States (ACCUS) affiliated with
92	92	the Federation Internationale de l'Automobile, the Champ Car
93	93	organization, or the American Le Mans Series organization].
94	94	(7) "Special event" means a game or event as defined by
95	95	Section 522.001, 523.001, or 524.001.
96	96	Sec. 521.002 [2]. PURPOSE. The purpose of this subtitle
97	97	[Act] is to provide assurances required by a site selection
98	98	organization sponsoring one or more special [major sporting or
99	99	athletic] events and to provide financing for the costs of:
100	100	(1) applying or bidding for selection as the site of
101	101	special [major sporting or athletic] events in this state;
102	102	(2) making the preparations necessary and desirable
103	103	for the conduct of special [major sporting or athletic] events in
104	104	this state, including the construction or renovation of facilities
105	105	to the extent authorized by this subtitle [Act]; and
106	106	(3) conducting special [major sporting or athletic]
107	107	events in this state.
108	108	Sec. 521.003 [3]. LEGISLATIVE FINDINGS. The conduct in
109	109	this state of special [one or more major sporting or athletic]
110	110	events will:
111	111	(1) provide invaluable public visibility throughout
112	112	the nation or world for this state and the communities where the
113	113	special [major sporting or athletic] events are held;
114	114	(2) encourage and provide major economic benefits to
115	115	the communities where the special [major sporting or athletic]
116	116	events are held and to the entire state; and
117	117	(3) provide opportunities for the creation of jobs by
118	118	local and Texas businesses that pay a living wage.
119	119	Sec. 521.004. RULES. The comptroller may adopt rules as
120	120	necessary to administer this subtitle.
121	121	Sec. 521.005 [8]. APPLICATION OF OPEN MEETINGS AND OPEN
122	122	RECORDS LAWS. (a) A local organizing committee and its governing
123	123	body are subject to Chapters 551 and 552, Government Code. For
124	124	purposes of those chapters, the governing body of a local
125	125	organizing committee is considered a governmental body as defined
126	126	by those chapters. For purposes of Chapter 552, Government Code,
127	127	the records and information of a local organizing committee are
128	128	considered public records and public information.
129	129	(b) A final bid that is submitted by a local organizing
130	130	committee to a site selection organization, or a draft of that bid,
131	131	is excepted from required public disclosure under Chapter 552,
132	132	Government Code, until the applicable site selection organization
133	133	selects the site for the applicable special event [games].
134	134	[(c) Chapter 551, Government Code, does not apply to a
135	135	meeting of a subcommittee of the governing body of a local
136	136	organizing committee if:
137	137	[(1) the subcommittee consists of not more than five
138	138	members;
139	139	[(2) the meeting is not held in a public building;
140	140	[(3) the subcommittee makes a tape recording of the
141	141	proceedings of the meeting in compliance with Section 551.103,
142	142	Government Code, and the local organizing committee preserves the
143	143	tape recording for two years from the date the recording is made;
144	144	[(4) the subcommittee does not discuss or decide any
145	145	financial matters during the meeting; and
146	146	[(5) any decision made by the subcommittee will not
147	147	become effective without being reviewed and officially adopted by
148	148	the governing body of the local organizing committee at a meeting
149	149	held in compliance with Chapter 551, Government Code.
150	150	[(d) A tape recording made under Subsection (c) of this
151	151	section is subject to required public disclosure in the manner
152	152	prescribed by Chapter 552, Government Code, for a public record.]
153	153	Sec. 521.006 [9]. TAX EXEMPTIONS FOR LOCAL ORGANIZING
154	154	COMMITTEE. [(a)] A local organizing committee that is exempt from
155	155	paying federal income tax under Section 501(c), Internal Revenue
156	156	Code of 1986, as amended, is exempt from:
157	157	(1) the sales, excise, and use taxes imposed under
158	158	Chapter 151, Tax Code;
159	159	(2) taxes on the sale, rental, or use of a motor
160	160	vehicle imposed under Chapter 152, Tax Code;
161	161	(3) the hotel occupancy tax imposed under Chapter 156,
162	162	Tax Code; and
163	163	(4) the franchise tax imposed under Chapter 171, Tax
164	164	Code.
165	165	[(b) The exemptions provided by Subsections (a)(1), (2),
166	166	and (3) of this section take effect on the first day of the first
167	167	month after the effective date of this Act. The exemption provided
168	168	by Subsection (a)(4) of this section applies only to a tax imposed
169	169	under Chapter 171, Tax Code, that becomes due on or after the
170	170	effective date of this Act.]
171	171	SECTION 3. Section 5A, Chapter 1507 (S.B. 456), Acts of the
172	172	76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon's
173	173	Texas Civil Statutes), is transferred to Subtitle D, Title 12,
174	174	Local Government Code, as added by this Act, redesignated as
175	175	Chapter 522, and amended to read as follows:
176	176	CHAPTER 522. MAJOR SPORTING EVENTS TRUST FUND
177	177	Sec. 522.001 [5A]. DEFINITIONS [PAYMENT OF STATE AND
178	178	MUNICIPAL OR COUNTY OBLIGATIONS; OTHER EVENTS TRUST FUND]. [(a)]
179	179	In this chapter [section]:
180	180	(1) "Endorsing county" means a county that contains a
181	181	site selected by a site selection organization for one or more
182	182	games.
183	183	(2) "Endorsing municipality" means a municipality
184	184	that contains a site selected by a site selection organization for
185	185	one or more games.
186	186	(3) "Event support contract" means a joinder
187	187	undertaking, joinder agreement, or a similar contract executed by
188	188	an endorsing municipality or endorsing county and a site selection
189	189	organization.
190	190	(4) "Game" means the Pan American Games, the Olympic
191	191	Games, a Super Bowl, a National Collegiate Athletic Association
192	192	Final Four tournament game, the National Basketball Association
193	193	All-Star Game, the National Hockey League All-Star Game, the Major
194	194	League Baseball All-Star Game, a National Collegiate Athletic
195	195	Association Bowl Championship Series game, a World Cup Soccer game,
196	196	the World Games, a national collegiate championship of an amateur
197	197	sport sanctioned by the national governing body of the sport that is
198	198	recognized by the United States Olympic Committee, or an Olympic
199	199	activity, including a Junior or Senior activity, training program,
200	200	or feeder program sanctioned by the United States Olympic
201	201	Committee's Community Olympic Development Program. The term
202	202	includes any events and activities related to or associated with a
203	203	game [the games].
204	204	(5) "Site selection organization" means the
205	205	International Olympic Committee, the Pan American Sports
206	206	Organization, the National Football League, the National
207	207	Collegiate Athletic Association, the National Basketball
208	208	Association, the National Hockey League, Major League Baseball, the
209	209	Federation Internationale de Football Association (FIFA), the
210	210	International World Games Association, the United States Olympic
211	211	Committee, or the national governing body of a sport that is
212	212	recognized as such by the United States Olympic Committee.
213	213	Sec. 522.002. DETERMINATION OF INCREMENTAL INCREASE IN TAX
214	214	RECEIPTS. [(b)] If a site selection organization selects a site
215	215	for a game in this state pursuant to an application by a local
216	216	organizing committee, endorsing municipality, or endorsing county,
217	217	not later than six [three] months before the date of the game [or
218	218	six months before the date of the game upon request of a local
219	219	organizing committee, endorsing municipality, or endorsing
220	220	county], the comptroller shall determine for the one-year
221	221	[two-week] period that begins on the first day of the sixth calendar
222	222	month before the calendar month in [ends at the end of the day after
223	223	the date on] which the game will be held, in accordance with
224	224	procedures developed by the comptroller:
225	225	(1) the incremental increase in the receipts to the
226	226	state from taxes imposed under Chapters 151, 152, 156, and 183, Tax
227	227	Code, and under Title 5, Alcoholic Beverage Code, within the market
228	228	areas designated under Section 522.003 [Subsection (c) of this
229	229	section], that is directly attributable, as determined by the
230	230	comptroller, to the preparation for and presentation of the game
231	231	and related events;
232	232	(2) the incremental increase in the receipts collected
233	233	by the state on behalf of each endorsing municipality in the market
234	234	area from the sales and use tax imposed by each endorsing
235	235	municipality under Section 321.101(a), Tax Code, and the mixed
236	236	beverage tax revenue to be received by each endorsing municipality
237	237	under Section 183.051(b), Tax Code, that is directly attributable,
238	238	as determined by the comptroller, to the preparation for and
239	239	presentation of the game and related events;
240	240	(3) the incremental increase in the receipts collected
241	241	by the state on behalf of each endorsing county in the market area
242	242	from the sales and use tax imposed by each endorsing county under
243	243	Section 323.101(a), Tax Code, and the mixed beverage tax revenue to
244	244	be received by each endorsing county under Section 183.051(b), Tax
245	245	Code, that is directly attributable, as determined by the
246	246	comptroller, to the preparation for and presentation of the game
247	247	and related events;
248	248	(4) the incremental increase in the receipts collected
249	249	by each endorsing municipality in the market area from the hotel
250	250	occupancy tax imposed under Chapter 351, Tax Code, that is directly
251	251	attributable, as determined by the comptroller, to the preparation
252	252	for and presentation of the game and related events; and
253	253	(5) the incremental increase in the receipts collected
254	254	by each endorsing county in the market area from the hotel occupancy
255	255	tax imposed under Chapter 352, Tax Code, that is directly
256	256	attributable, as determined by the comptroller, to the preparation
257	257	for and presentation of the game and related events.
258	258	Sec. 522.003. MARKET AREA. (a) [(c)] For the purposes of
259	259	Section 522.002 [Subsection (b)(1) of this section], the
260	260	comptroller shall designate as a market area for the game each area
261	261	in which the comptroller determines there is a reasonable
262	262	likelihood of measurable economic impact directly attributable to
263	263	the preparation for and presentation of the game and related
264	264	events, including areas likely to provide venues, accommodations,
265	265	and services in connection with the game based on the proposal
266	266	provided by the local organizing committee to the comptroller.
267	267	(b) The comptroller shall determine the geographic
268	268	boundaries of each market area.
269	269	(c) An endorsing municipality or endorsing county that has
270	270	been selected as the site for the game must be included in a market
271	271	area for the game.
272	272	Sec. 522.004. DEPOSIT OF TAX REVENUE. (a) [(d)] Each
273	273	endorsing municipality or endorsing county shall remit to the
274	274	comptroller and the comptroller shall deposit into [a trust fund
275	275	created by the comptroller and designated as] the major sporting
276	276	events [Other Events] trust fund the amount of the municipality's
277	277	or county's hotel occupancy tax revenue determined under Section
278	278	522.002(4) or (5) [Subsection (b)(4) or (b)(5) of this section],
279	279	less any amount of the revenue that the municipality or county
280	280	determines is necessary to meet the obligations of the municipality
281	281	or county.
282	282	(b) The comptroller shall retain the amount of sales and use
283	283	tax revenue and mixed beverage tax revenue determined under Section
284	284	522.002(2) or (3) [Subsection (b)(2) or (b)(3) of this section]
285	285	from the amounts otherwise required to be sent to the municipality
286	286	under Sections 321.502 and 183.051(b), Tax Code, or to the county
287	287	under Sections 323.502 and 183.051(b), Tax Code, and deposit into
288	288	the major sporting events trust fund the tax revenues, less any
289	289	amount of the revenue that the municipality or county determines is
290	290	necessary to meet the obligations of the municipality or county.
291	291	(c) An endorsing municipality or an endorsing county may
292	292	remit other local funds to the comptroller for deposit into the
293	293	major sporting events trust fund in an amount not to exceed the
294	294	total amount of tax revenue the municipality or county retains
295	295	under Subsection (a) or requires the comptroller to send to the
296	296	municipality or county under Subsection (b) to meet the obligations
297	297	of the municipality or county.
298	298	(d) The comptroller shall begin retaining and depositing
299	299	the local tax revenues with the first distribution of that tax
300	300	revenue that occurs after the first day of the one-year [two-week]
301	301	period described by Section 522.002 [Subsection (b) of this
302	302	section] and shall discontinue retaining the local tax revenues
303	303	under this subsection when the amount of the applicable tax revenue
304	304	determined under Section 522.002(2) or (3) [Subsection (b)(2) or
305	305	(b)(3) of this section] has been retained.
306	306	(e) The comptroller shall deposit into the major sporting
307	307	events trust fund a portion of the state tax revenue determined
308	308	under Section 522.002(1) in an amount equal to 6.25 times the total
309	309	amount of local sales and use tax revenue and mixed beverage tax
310	310	revenue, local hotel occupancy tax revenue, or other local funds
311	311	deposited into the trust fund under this section.
312	312	Sec. 522.005. MAJOR SPORTING EVENTS TRUST FUND. (a) The
313	313	major sporting events [Other Events] trust fund is established
314	314	outside the state treasury and is held in trust by the comptroller
315	315	for administration of this chapter [Act].
316	316	(b) Money in the trust fund may be disbursed by the
317	317	comptroller without appropriation only as provided by this chapter
318	318	[section].
319	319	Sec. 522.006. PLEDGE OF SURCHARGES FROM USER FEES. [(e)] In
320	320	addition to the [tax] revenue deposited in the major sporting
321	321	events [Other Events] trust fund under Section 522.004 [Subsection
322	322	(d) of this section], an endorsing municipality or endorsing county
323	323	may guarantee its obligations under an event [a game] support
324	324	contract and this chapter [section] by pledging surcharges from
325	325	user fees, including parking or ticket fees, charged in connection
326	326	with the game.
327	327	Sec. 522.007. ISSUANCE OF NOTES AUTHORIZED. (a) [(f) The
328	328	comptroller shall deposit a portion of the state tax revenue
329	329	determined under Subsection (b)(1) of this section in an amount
330	330	equal to 6.25 times the amount of the local sales and use tax
331	331	revenue and mixed beverage tax revenue retained and the hotel
332	332	occupancy tax revenue remitted by an endorsing municipality or
333	333	endorsing county under Subsection (d) of this section.
334	334	[(g)] To meet its obligations under an [a game support
335	335	contract or] event support contract to improve, construct,
336	336	renovate, or acquire facilities or to acquire equipment, an
337	337	endorsing municipality by ordinance or an endorsing county by order
338	338	may authorize the issuance of notes.
339	339	(b) An endorsing municipality or endorsing county may
340	340	provide that the notes be paid from and secured by amounts on
341	341	deposit or amounts to be deposited into the major sporting events
342	342	[Other Events] trust fund or surcharges from user fees, including
343	343	parking or ticket fees, charged in connection with the game.
344	344	(c) Any note issued must mature not later than seven years
345	345	from its date of issuance.
346	346	Sec. 522.008. PAYMENT OF NOTES AND OBLIGATIONS. [(h)] The
347	347	money [funds] in the major sporting events [Other Events] trust
348	348	fund may be used to:
349	349	(1) pay the principal of and interest on notes issued
350	350	by an endorsing municipality or endorsing county under Section
351	351	522.007; [Subsection (g) of this section] and
352	352	(2) [to] fulfill obligations of the state or an
353	353	endorsing municipality or endorsing county to a site selection
354	354	organization under an [a game support contract or] event support
355	355	contract, which obligations may include the payment of costs
356	356	relating to the preparations necessary or desirable for the conduct
357	357	of the game and the payment of costs of conducting the game,
358	358	including improvements or renovations to existing facilities or
359	359	other facilities and costs of acquisition or construction of new
360	360	facilities or other facilities.
361	361	Sec. 522.009. INFORMATION AND AUDIT. (a) [(i)] A local
362	362	organizing committee, endorsing municipality, or endorsing county
363	363	shall provide information required by the comptroller to enable the
364	364	comptroller to fulfill the comptroller's duties under this chapter
365	365	[section], including:
366	366	(1) annual audited statements of any financial records
367	367	required by a site selection organization; and
368	368	(2) data obtained by the local organizing committee,
369	369	an endorsing municipality, or an endorsing county relating to
370	370	attendance at the game and to the economic impact of the game.
371	371	(b) A local organizing committee, endorsing municipality,
372	372	or endorsing county must provide an annual audited financial
373	373	statement required by the comptroller, if any, not later than the
374	374	end of the fourth month after the date the period covered by the
375	375	financial statement ends.
376	376	Sec. 522.010. COMPTROLLER ESTIMATE. (a) [(j)] The
377	377	comptroller shall provide an estimate not later than six [three]
378	378	months before the date of a game or nine [six] months before the
379	379	date of the game upon request of a local organizing committee,
380	380	endorsing municipality, or endorsing county of the total amount of
381	381	tax revenue that would be deposited in the major sporting events
382	382	[Other Events] trust fund under this chapter [section] in
383	383	connection with that game, if the game were to be held in this state
384	384	at a site selected pursuant to an application by a local organizing
385	385	committee, endorsing municipality, or endorsing county.
386	386	(b) The comptroller shall provide the estimate on request to
387	387	a local organizing committee, endorsing municipality, or endorsing
388	388	county.
389	389	(c) A local organizing committee, endorsing municipality,
390	390	or endorsing county may submit the comptroller's estimate to a site
391	391	selection organization.
392	392	Sec. 522.011. DISTRIBUTIONS FROM FUND. (a) [(k)] The
393	393	comptroller may make a disbursement from the major sporting events
394	394	[Other Events] trust fund on the prior approval of each
395	395	contributing endorsing municipality or endorsing county for a
396	396	purpose for which an endorsing municipality or endorsing county or
397	397	the state is obligated under an [a game support contract or] event
398	398	support contract.
399	399	(b) A disbursement may not be made from the trust fund that
400	400	the comptroller determines would be used for the purpose of
401	401	soliciting the relocation of a professional sports franchise
402	402	located in this state.
403	403	(c) A [(l) If a] disbursement [is made] from the major
404	404	sporting events [Other Events] trust fund under Subsection (a)
405	405	[(k), the obligation] shall be made [satisfied] proportionately
406	406	from the state and local revenue in the trust fund.
407	407	Sec. 522.012. REMITTANCE OF MONEY REMAINING IN FUND. [(m)]
408	408	On payment of all state, municipal, or county obligations under an
409	409	[a game support contract or] event support contract related to the
410	410	location of any particular game in the state, the comptroller shall
411	411	remit to each endorsing entity, in proportion to the amount
412	412	contributed by the entity, any money remaining in the trust fund.
413	413	Sec. 522.013. NO STATE GUARANTEE OF OBLIGATIONS. [(n) This
414	414	subsection applies only to a bid for or hosting of the 2004 Super
415	415	Bowl. Notwithstanding any provision in this section to the
416	416	contrary, the comptroller may not retain and the endorsing
417	417	municipality or endorsing county may not remit to the comptroller,
418	418	as applicable, the local tax revenues described in Subsection
419	419	(b)(2), (b)(3), (b)(4), or (b)(5) of this section. For purposes of
420	420	Subsection (f) of this section, the comptroller shall deposit a
421	421	portion of the state tax revenue determined under Subsection (b)(1)
422	422	of this section in an amount equal to 6.25 times the amount of the
423	423	local sales and use tax revenue and mixed beverage tax revenue that
424	424	the comptroller determines pursuant to Subsection (b) of this
425	425	section represents the incremental increase in receipts to an
426	426	endorsing municipality or endorsing county.
427	427	[(o)] This chapter [section] may not be construed as
428	428	creating or requiring a state guarantee of obligations imposed on
429	429	the state or an endorsing municipality or endorsing county under an
430	430	event [a game] support contract or other agreement relating to
431	431	hosting one or more games in this state.
432	432	Sec. 522.014. REQUEST REQUIRED. (a) [(p)] The comptroller
433	433	may not undertake any of the responsibilities or duties set forth in
434	434	this chapter [section] unless a request is submitted by the
435	435	municipality and the county in which the game will be located.
436	436	(b) The request must be accompanied by documentation from a
437	437	site selection organization selecting the site for the game.
438	438	SECTION 4. Section 5B, Chapter 1507 (S.B. 456), Acts of the
439	439	76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon's
440	440	Texas Civil Statutes), is transferred to Subtitle D, Title 12,
441	441	Local Government Code, as added by this Act, redesignated as
442	442	Chapter 523, and amended to read as follows:
443	443	CHAPTER 523. MOTOR SPORTS RACING TRUST FUND
444	444	Sec. 523.001 [5B]. DEFINITIONS [GUARANTEE OF STATE AND
445	445	MUNICIPAL OR COUNTY OBLIGATIONS; MOTOR SPORTS RACING TRUST FUND].
446	446	[(a)] In this chapter [section]:
447	447	(1) "Endorsing county" means a county [with a
448	448	population of one million or more] that contains a site selected by
449	449	a site selection organization for one or more motor sports racing
450	450	events.
451	451	(2) "Endorsing municipality" means a municipality
452	452	[with a population of one million or more] that contains a site
453	453	selected by a site selection organization for one or more motor
454	454	sports racing events.
455	455	(3) "Event support contract" means a joinder
456	456	undertaking, joinder agreement, or similar contract executed by an
457	457	endorsing municipality or endorsing county and a site selection
458	458	organization.
459	459	(4) "Motor sports racing event" means a specific
460	460	automobile racing event sanctioned by the Automobile Competition
461	461	Committee for the United States (ACCUS) and held at a temporary
462	462	event venue. The term includes any events and activities held,
463	463	sponsored, or endorsed by the site selection organization in
464	464	conjunction with the racing event.
465	465	Sec. 523.002. DETERMINATION OF INCREMENTAL INCREASE IN TAX
466	466	RECEIPTS. [(b)] If a site selection organization selects a site for
467	467	a motor sports racing event in this state pursuant to an application
468	468	by a local organizing committee, endorsing municipality, or
469	469	endorsing county, not later than three months before the date of the
470	470	motor sports racing event, the comptroller shall determine for the
471	471	30-day period that ends at the end of the day after the date on which
472	472	the racing event will be held, in accordance with procedures
473	473	developed by the comptroller:
474	474	(1) the incremental increase in the receipts to the
475	475	state from taxes imposed under Chapters 151, 152, 156, and 183, Tax
476	476	Code, and under Title 5, Alcoholic Beverage Code, within the market
477	477	areas designated under Section 523.003 [Subsection (c) of this
478	478	section], that is directly attributable, as determined by the
479	479	comptroller, to the preparation for and presentation of the racing
480	480	event;
481	481	(2) the incremental increase in the receipts collected
482	482	by the state on behalf of each endorsing municipality in the market
483	483	area from the sales and use tax imposed by each endorsing
484	484	municipality under Section 321.101(a), Tax Code, and the mixed
485	485	beverage tax revenue to be received by each endorsing municipality
486	486	under Section 183.051(b), Tax Code, that is directly attributable,
487	487	as determined by the comptroller, to the preparation for and
488	488	presentation of the racing event;
489	489	(3) the incremental increase in the receipts collected
490	490	by the state on behalf of each endorsing county in the market area
491	491	from the sales and use tax imposed by each endorsing county under
492	492	Section 323.101(a), Tax Code, and the mixed beverage tax revenue to
493	493	be received by each endorsing county under Section 183.051(b), Tax
494	494	Code, that is directly attributable, as determined by the
495	495	comptroller, to the preparation for and presentation of the racing
496	496	event;
497	497	(4) the incremental increase in the receipts collected
498	498	by each endorsing municipality in the market area from the hotel
499	499	occupancy tax imposed under Chapter 351, Tax Code, that is directly
500	500	attributable, as determined by the comptroller, to the preparation
501	501	for and presentation of the racing event; and
502	502	(5) the incremental increase in the receipts collected
503	503	by each endorsing county in the market area from the hotel occupancy
504	504	tax imposed under Chapter 352, Tax Code, that is directly
505	505	attributable, as determined by the comptroller, to the preparation
506	506	for and presentation of the racing event.
507	507	Sec. 523.003. MARKET AREA. (a) [(c)] For the purposes of
508	508	Section 523.002 [Subsection (b)(1) of this section], the
509	509	comptroller shall designate as a market area for the motor sports
510	510	racing event each area in which the comptroller determines there is
511	511	a reasonable likelihood of measurable economic impact directly
512	512	attributable to the preparation for and presentation of the racing
513	513	event, including areas likely to provide venues, accommodations,
514	514	and services in connection with the racing event based on a proposal
515	515	or other information provided by an endorsing municipality,
516	516	endorsing county, or local organizing committee to the comptroller.
517	517	(b) The comptroller shall determine the geographic
518	518	boundaries of each market area.
519	519	(c) An endorsing municipality or endorsing county that has
520	520	been selected as the site for the racing event must be included in a
521	521	market area for the racing event.
522	522	Sec. 523.004. DEPOSIT OF TAX REVENUE. (a) [(d)] Each
523	523	endorsing municipality or endorsing county shall remit to the
524	524	comptroller and the comptroller shall deposit into [a trust fund
525	525	created by the comptroller and designated as] the motor sports
526	526	racing [Motor Sports Racing] trust fund for the particular event
527	527	the amount of the municipality's or county's hotel occupancy tax
528	528	revenue determined under Section 523.002(4) or (5) [Subsection
529	529	(b)(4) or (5) of this section], less any amount of the revenue that
530	530	the municipality or county determines is necessary to meet the
531	531	obligations of the municipality or county.
532	532	(b) The comptroller shall retain the amount of sales and use
533	533	tax revenue and mixed beverage tax revenue determined under Section
534	534	523.002(2) or (3) [Subsection (b)(2) or (3) of this section] from
535	535	the amounts otherwise required to be sent to the municipality under
536	536	Sections 321.502 and 183.051(b), Tax Code, or to the county under
537	537	Sections 323.502 and 183.051(b), Tax Code, and deposit into the
538	538	motor sports racing trust fund the tax revenues, less any amount of
539	539	the revenue that the municipality or county determines is necessary
540	540	to meet the obligations of the municipality or county.
541	541	(c) An endorsing municipality or an endorsing county may
542	542	remit other local funds to the comptroller for deposit into the
543	543	motor sports racing trust fund in an amount not to exceed the total
544	544	amount of tax revenue the municipality or county retains under
545	545	Subsection (a) or requires the comptroller to send to the
546	546	municipality or county under Subsection (b) to meet the obligations
547	547	of the municipality or county.
548	548	(d) The comptroller shall begin retaining and depositing
549	549	the local tax revenues with the first distribution of that tax
550	550	revenue that occurs after the first day of the 30-day period
551	551	described by Section 523.002 [Subsection (b) of this section] and
552	552	shall discontinue retaining the local tax revenues under this
553	553	subsection when the amount of the applicable tax revenue determined
554	554	under Section 523.002(2) or (3) [Subsection (b)(2) or (3) of this
555	555	section] has been retained.
556	556	(e) The comptroller shall deposit into the motor sports
557	557	racing trust fund a portion of the state tax revenue determined
558	558	under Section 523.002(1) in an amount equal to 6.25 times the total
559	559	amount of local sales and use tax revenue and mixed beverage tax
560	560	revenue, local hotel occupancy tax revenue, or other local funds
561	561	deposited into the trust fund under this section.
562	562	Sec. 523.005. MOTOR SPORTS RACING TRUST FUND. (a) The motor
563	563	sports racing [Motor Sports Racing] trust fund is established
564	564	outside the state treasury and is held in trust by the comptroller
565	565	for administration of this chapter [section].
566	566	(b) Money in the trust fund may be disbursed by the
567	567	comptroller without appropriation only as provided by this chapter
568	568	[section].
569	569	Sec. 523.006. PLEDGE OF SURCHARGES FROM USER FEES.
570	570	[(e)] In addition to the [tax] revenue deposited in the motor
571	571	sports racing [Motor Sports Racing] trust fund under Section
572	572	523.004 [Subsection (d) of this section], an endorsing municipality
573	573	or endorsing county may guarantee its obligations under an [a motor
574	574	sports racing] event support contract and this chapter [section] by
575	575	pledging surcharges from user fees, including parking or ticket
576	576	fees, charged in connection with the racing event.
577	577	Sec. 523.007. ISSUANCE OF NOTES AUTHORIZED. (a) [(f) The
578	578	comptroller shall deposit a portion of the state tax revenue
579	579	determined under Subsection (b)(1) of this section in an amount
580	580	equal to 6.25 times the amount of the local sales and use tax
581	581	revenue and mixed beverage tax revenue retained and the hotel
582	582	occupancy tax revenue remitted by an endorsing municipality or
583	583	endorsing county under Subsection (d) of this section.
584	584	[(g)] To meet its obligations under an [a motor sports
585	585	racing event support contract or] event support contract to
586	586	improve, renovate, or acquire facilities or to acquire equipment,
587	587	an endorsing municipality by ordinance or an endorsing county by
588	588	order may authorize the issuance of notes.
589	589	(b) An endorsing municipality or endorsing county may
590	590	provide that the notes be paid from and secured by amounts on
591	591	deposit or amounts to be deposited into the motor sports racing
592	592	[Motor Sports Racing] trust fund or surcharges from user fees,
593	593	including parking or ticket fees, charged in connection with the
594	594	racing event.
595	595	(c) Any note issued must mature not later than seven years
596	596	from its date of issuance.
597	597	Sec. 523.008. PAYMENT OF NOTES AND OBLIGATIONS. [(h)] The
598	598	money [funds] in the motor sports racing [Motor Sports Racing]
599	599	trust fund may be used to:
600	600	(1) pay the principal of and interest on notes issued
601	601	by an endorsing municipality or endorsing county under Section
602	602	523.007; [Subsection (g) of this section] and
603	603	(2) [to] fulfill obligations of the state or an
604	604	endorsing municipality or endorsing county to a site selection
605	605	organization under an [a motor sports racing event support contract
606	606	or] event support contract, which obligations may include the
607	607	payment of costs relating to the preparations necessary or
608	608	desirable for the conduct of the racing event and the payment of
609	609	costs of conducting the racing event, including temporary
610	610	improvements or temporary renovations to existing facilities or
611	611	other facilities specific to the event.
612	612	Sec. 523.009. INFORMATION AND AUDIT. (a) [(i)] A local
613	613	organizing committee, endorsing municipality, or endorsing county
614	614	shall provide information required by the comptroller to enable the
615	615	comptroller to fulfill the comptroller's duties under this chapter
616	616	[section], including:
617	617	(1) annual audited statements of any financial records
618	618	required by a site selection organization; and
619	619	(2) data obtained by the local organizing committee,
620	620	an endorsing municipality, or an endorsing county relating to
621	621	attendance at the motor sports racing event and to the economic
622	622	impact of the racing event.
623	623	(b) A local organizing committee, endorsing municipality,
624	624	or endorsing county must provide an annual audited financial
625	625	statement required by the comptroller, if any, not later than the
626	626	end of the fourth month after the date the period covered by the
627	627	financial statement ends.
628	628	Sec. 523.010. COMPTROLLER ESTIMATE. (a) [(j)] The
629	629	comptroller shall provide an estimate not later than three months
630	630	before the date of a motor sports racing event of the total amount
631	631	of tax revenue that would be deposited in the motor sports racing
632	632	[Motor Sports Racing] trust fund under this chapter [section] in
633	633	connection with that racing event, if the racing event were to be
634	634	held in this state at a site selected pursuant to an application by
635	635	a local organizing committee, endorsing municipality, or endorsing
636	636	county.
637	637	(b) The comptroller shall provide the estimate on request to
638	638	a local organizing committee, endorsing municipality, or endorsing
639	639	county.
640	640	(c) A local organizing committee, endorsing municipality,
641	641	or endorsing county may submit the comptroller's estimate to a site
642	642	selection organization.
643	643	Sec. 523.011. DISTRIBUTIONS FROM FUND. (a) [(k)] The
644	644	comptroller may make a disbursement from the motor sports racing
645	645	[Motor Sports Racing] trust fund on the prior approval of each
646	646	contributing endorsing municipality or endorsing county for a
647	647	purpose for which an endorsing municipality or endorsing county or
648	648	the state is obligated under an [a motor sports racing event support
649	649	contract or] event support contract.
650	650	(b) A disbursement may not be made from the trust fund that
651	651	the comptroller determines would be used for the purpose of
652	652	soliciting the relocation of a professional sports franchise
653	653	located in this state.
654	654	(c) A [(l) If a] disbursement [is made] from the motor
655	655	sports racing [Motor Sports Racing] trust fund under Subsection (a)
656	656	[(k) of this section, the obligation] shall be made [satisfied]
657	657	proportionately from the state and local revenue in the trust fund.
658	658	Sec. 523.012. REMITTANCE OF MONEY REMAINING IN FUND. [(m)]
659	659	On payment of all state, municipal, or county obligations under an
660	660	[a motor sports racing support contract or] event support contract
661	661	related to the location of any particular racing event in the state,
662	662	the comptroller shall remit to each endorsing entity, in proportion
663	663	to the amount contributed by the entity, any money remaining in the
664	664	trust fund.
665	665	Sec. 523.013. NO STATE GUARANTEE OF OBLIGATIONS. [(n)] This
666	666	chapter [section] may not be construed as creating or requiring a
667	667	state guarantee of obligations imposed on the state or an endorsing
668	668	municipality or endorsing county under an [a motor sports racing]
669	669	event support contract or other agreement relating to hosting one
670	670	or more racing events in this state.
671	671	Sec. 523.014. REQUEST REQUIRED. (a) [(o)] The comptroller
672	672	may not undertake any of the responsibilities or duties set forth in
673	673	this chapter [section] unless a request is submitted by the
674	674	municipality and the county in which the motor sports racing event
675	675	will be held.
676	676	(b) The request must be accompanied by documentation from a
677	677	site selection organization selecting the site for the racing
678	678	event.
679	679	[(p) Any provision of this Act applicable to games as
680	680	defined by Section 1(3) of this Act also applies to a motor sports
681	681	racing event as defined in this section.]
682	682	SECTION 5. Section 5C, Chapter 1507 (S.B. 456), Acts of the
683	683	76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon's
684	684	Texas Civil Statutes), is transferred to Subtitle D, Title 12,
685	685	Local Government Code, as added by this Act, redesignated as
686	686	Chapter 524, and amended to read as follows:
687	687	CHAPTER 524. SPECIAL EVENTS TRUST FUND
688	688	Sec. 524.001 [5C]. DEFINITIONS [SPORTING EVENT TRUST FUND
689	689	FOR CERTAIN MUNICIPALITIES AND COUNTIES]. [(a)] In this chapter
690	690	[section]:
691	691	(1) "Endorsing county" means a county [with a
692	692	population of 800,000 or more] that contains a site selected by a
693	693	site selection organization for one or more events.
694	694	(2) "Endorsing municipality" means a municipality
695	695	[with a population of 500,000 or more] that contains a site selected
696	696	by a site selection organization for one or more events.
697	697	(3) "Event" means a National Collegiate Athletic
698	698	Association regional tournament or playoff game, a Senior Olympic
699	699	activity, including a training program or feeder program sanctioned
700	700	by the National Senior Games Association, [or] a major sporting or
701	701	athletic event, a special event that undergoes a nationwide site
702	702	selection search and that benefits the state's economy, or a
703	703	related series of events sanctioned by a site selection
704	704	organization. The term includes any activities related to or
705	705	associated with the event.
706	706	(4) "Event support contract" means a joinder
707	707	undertaking, a joinder agreement, or a similar contract executed by
708	708	an endorsing municipality or endorsing county and a site selection
709	709	organization.
710	710	(5) "Site selection organization" means the United
711	711	States Olympic Committee (USOC), United States Youth Soccer
712	712	Association (USYSA), United States Bowling Congress (USBC),
713	713	Amateur Softball Association of America (ASA), National Senior
714	714	Games Association (NSGA), American Youth Football and Cheer (AYF),
715	715	United States Lacrosse (USL), National Collegiate Athletic
716	716	Association (NCAA), United States Tennis Association (USTA),
717	717	Special Olympics, National Association for Stock Car Auto Racing
718	718	(NASCAR), Breeders' Cup, or another major nationally or
719	719	internationally recognized sports or special events organization.
720	720	Sec. 524.002. DETERMINATION OF INCREMENTAL INCREASE IN TAX
721	721	RECEIPTS. [(b)] If a site selection organization, after considering
722	722	through a highly competitive process one or more sites that are not
723	723	located in this state, selects a site for an event in this state
724	724	pursuant to an application by a local organizing committee,
725	725	endorsing municipality, or endorsing county, not later than three
726	726	months before the date of the event, the comptroller shall
727	727	determine for the 30-day period that ends at the end of the day
728	728	after the date on which the event will be held or, if the event
729	729	occurs on more than one day, after the last date on which the event
730	730	will be held, in accordance with procedures developed by the
731	731	comptroller:
732	732	(1) the incremental increase in the receipts to this
733	733	state from taxes imposed under Chapters 151, 152, 156, and 183, Tax
734	734	Code, and under Title 5, Alcoholic Beverage Code, within the market
735	735	areas designated under Section 524.003 [Subsection (c) of this
736	736	section], that is directly attributable, as determined by the
737	737	comptroller, to the preparation for and presentation of the event
738	738	and related activities;
739	739	(2) the incremental increase in the receipts collected
740	740	by this state on behalf of each endorsing municipality in the market
741	741	area from the sales and use tax imposed by each endorsing
742	742	municipality under Section 321.101(a), Tax Code, and the mixed
743	743	beverage tax revenue to be received by each endorsing municipality
744	744	under Section 183.051(b), Tax Code, that is directly attributable,
745	745	as determined by the comptroller, to the preparation for and
746	746	presentation of the event and related activities;
747	747	(3) the incremental increase in the receipts collected
748	748	by this state on behalf of each endorsing county in the market area
749	749	from the sales and use tax imposed by each endorsing county under
750	750	Section 323.101(a), Tax Code, and the mixed beverage tax revenue to
751	751	be received by each endorsing county under Section 183.051(b), Tax
752	752	Code, that is directly attributable, as determined by the
753	753	comptroller, to the preparation for and presentation of the event
754	754	and related activities;
755	755	(4) the incremental increase in the receipts collected
756	756	by each endorsing municipality in the market area from the hotel
757	757	occupancy tax imposed under Chapter 351, Tax Code, that is directly
758	758	attributable, as determined by the comptroller, to the preparation
759	759	for and presentation of the event and related activities; and
760	760	(5) the incremental increase in the receipts collected
761	761	by each endorsing county in the market area from the hotel occupancy
762	762	tax imposed under Chapter 352, Tax Code, that is directly
763	763	attributable, as determined by the comptroller, to the preparation
764	764	for and presentation of the event and related activities.
765	765	Sec. 524.003. MARKET AREA. (a) [(c)] For the purposes of
766	766	Section 524.002 [Subsection (b)(1) of this section], the
767	767	comptroller shall designate as a market area for the event each area
768	768	in which the comptroller determines there is a reasonable
769	769	likelihood of measurable economic impact directly attributable to
770	770	the preparation for and presentation of the event and related
771	771	activities, including areas likely to provide venues,
772	772	accommodations, and services in connection with the event based on
773	773	the proposal provided by the local organizing committee to the
774	774	comptroller.
775	775	(b) The comptroller shall determine the geographic
776	776	boundaries of each market area.
777	777	(c) An endorsing municipality or endorsing county that has
778	778	been selected as the site for the event must be included in a market
779	779	area for the event.
780	780	Sec. 524.004. DEPOSIT OF TAX REVENUE. (a) [(d)] Each
781	781	endorsing municipality or endorsing county shall remit to the
782	782	comptroller and the comptroller shall deposit into [a trust fund
783	783	created by the comptroller and designated as] the special
784	784	[sporting] events trust fund the amount of the municipality's or
785	785	county's hotel occupancy tax revenue determined under Section
786	786	524.002(4) or (5) [Subsection (b)(4) or (5) of this section], less
787	787	any amount of the revenue that the municipality or county
788	788	determines is necessary to meet the obligations of the municipality
789	789	or county.
790	790	(b) The comptroller shall retain the amount of sales and use
791	791	tax revenue and mixed beverage tax revenue determined under Section
792	792	524.002(2) or (3) [Subsection (b)(2) or (3) of this section] from
793	793	the amounts otherwise required to be sent to the municipality under
794	794	Sections 321.502 and 183.051(b), Tax Code, or to the county under
795	795	Sections 323.502 and 183.051(b), Tax Code, and deposit into the
796	796	special events trust fund the tax revenues, less any amount of the
797	797	revenue that the municipality or county determines is necessary to
798	798	meet the obligations of the municipality or county.
799	799	(c) An endorsing municipality or an endorsing county may
800	800	remit other local funds to the comptroller for deposit into the
801	801	special events trust fund in an amount not to exceed the total
802	802	amount of tax revenue the municipality or county retains under
803	803	Subsection (a) or requires the comptroller to send to the
804	804	municipality or county under Subsection (b) to meet the obligations
805	805	of the municipality or county.
806	806	(d) The comptroller shall begin retaining and depositing
807	807	the local tax revenues with the first distribution of that tax
808	808	revenue that occurs after the first day of the period described by
809	809	Section 524.002 [Subsection (b) of this section] and shall
810	810	discontinue retaining the local tax revenues under this section
811	811	[subsection] when the amount of the applicable tax revenue
812	812	determined under Section 524.002(2) or (3) [Subsection (b)(2) or
813	813	(3) of this section] has been retained.
814	814	(e) The comptroller shall deposit into the special events
815	815	trust fund a portion of the state tax revenue determined under
816	816	Section 524.002(1) in an amount equal to 6.25 times the total amount
817	817	of local sales and use tax revenue and mixed beverage tax revenue,
818	818	local hotel occupancy tax revenue, or other local funds deposited
819	819	into the trust fund under this section.
820	820	Sec. 524.005. SPECIAL EVENTS TRUST FUND. (a) The special
821	821	[sporting] events trust fund is established outside the state
822	822	treasury and is held in trust by the comptroller for administration
823	823	of this chapter [section].
824	824	(b) Money in the trust fund may be disbursed by the
825	825	comptroller without appropriation only as provided by this chapter
826	826	[section].
827	827	Sec. 524.006. PLEDGE OF SURCHARGES FROM USER FEES. [(e)] In
828	828	addition to the [tax] revenue deposited in the special [sporting]
829	829	events trust fund under Section 524.004 [Subsection (d) of this
830	830	section], an endorsing municipality or endorsing county may
831	831	guarantee its obligations under an event support contract and this
832	832	chapter [section] by pledging surcharges from user fees, including
833	833	parking or ticket fees, charged in connection with the event.
834	834	Sec. 524.007. ISSUANCE OF NOTES AUTHORIZED. (a) [(f) The
835	835	comptroller shall deposit into the sporting events trust fund a
836	836	portion of the state tax revenue determined under Subsection (b)(1)
837	837	of this section in an amount equal to 6.25 times the amount of the
838	838	local sales and use tax revenue and mixed beverage tax revenue
839	839	retained and the hotel occupancy tax revenue remitted by an
840	840	endorsing municipality or endorsing county under Subsection (d) of
841	841	this section.
842	842	[(g)] To meet its obligations under an event support
843	843	contract to improve, construct, renovate, or acquire facilities or
844	844	to acquire equipment, an endorsing municipality by ordinance or an
845	845	endorsing county by order may authorize the issuance of notes.
846	846	(b) An endorsing municipality or endorsing county may
847	847	provide that the notes be paid from and secured by amounts on
848	848	deposit or amounts to be deposited into the special [sporting]
849	849	events trust fund or surcharges from user fees, including parking
850	850	or ticket fees, charged in connection with the event.
851	851	(c) Any note issued must mature not later than seven years
852	852	from its date of issuance.
853	853	Sec. 524.008. PAYMENT OF NOTES AND OBLIGATIONS. [(h)] The
854	854	money in the special [sporting] events trust fund may be used to:
855	855	(1) pay the principal of and interest on notes issued
856	856	by an endorsing municipality or endorsing county under Section
857	857	524.007; [Subsection (g) of this section] and
858	858	(2) [to] fulfill obligations of this state or an
859	859	endorsing municipality or endorsing county to a site selection
860	860	organization under an event support contract, which obligations may
861	861	include the payment of costs relating to the preparations necessary
862	862	or desirable for the conduct of the event and the payment of costs
863	863	of conducting the event, including improvements or renovations to
864	864	existing facilities or other facilities and costs of acquisition or
865	865	construction of new facilities or other facilities.
866	866	Sec. 524.009. INFORMATION AND AUDIT. (a) [(i)] A local
867	867	organizing committee, endorsing municipality, or endorsing county
868	868	shall provide information required by the comptroller to enable the
869	869	comptroller to fulfill the comptroller's duties under this chapter
870	870	[section], including:
871	871	(1) annual audited statements of any financial records
872	872	required by a site selection organization; and
873	873	(2) data obtained by the local organizing committee,
874	874	an endorsing municipality, or an endorsing county relating to
875	875	attendance at the event and to the economic impact of the event.
876	876	(b) A local organizing committee, endorsing municipality,
877	877	or endorsing county must provide an annual audited financial
878	878	statement required by the comptroller, if any, not later than the
879	879	end of the fourth month after the date the period covered by the
880	880	financial statement ends.
881	881	Sec. 524.010. COMPTROLLER ESTIMATE. (a) Except as
882	882	provided by Subsection (b), the [(j) The] comptroller shall
883	883	provide an estimate not later than three months before the date of
884	884	an event of the total amount of tax revenue that would be deposited
885	885	in the special [sporting] events trust fund under this chapter
886	886	[section] in connection with that event, if the event were to be
887	887	held in this state at a site selected pursuant to an application by
888	888	a local organizing committee, endorsing municipality, or endorsing
889	889	county.
890	890	(b) If the comptroller determines circumstances require
891	891	providing an estimate or modified estimate at a time other than the
892	892	time provided by Subsection (a), the comptroller may provide the
893	893	estimate or a modified estimate at any time during the three months
894	894	before the date of the event.
895	895	(c) The comptroller shall provide the estimate on request to
896	896	a local organizing committee, endorsing municipality, or endorsing
897	897	county.
898	898	(d) A local organizing committee, endorsing municipality,
899	899	or endorsing county may submit the comptroller's estimate to a site
900	900	selection organization.
901	901	Sec. 524.011. DISBURSEMENTS FROM FUND. (a) [(k)] The
902	902	comptroller may make a disbursement from the special [sporting]
903	903	events trust fund on the prior approval of each contributing
904	904	endorsing municipality or endorsing county for a purpose for which
905	905	an endorsing municipality or endorsing county or this state is
906	906	obligated under an event support contract.
907	907	(b) A disbursement may not be made from the trust fund that
908	908	the comptroller determines would be used for the purpose of
909	909	soliciting the relocation of a professional sports franchise
910	910	located in this state.
911	911	(c) A [(l) If a] disbursement [is made] from the special
912	912	[sporting] events trust fund under Subsection (a) [(k) of this
913	913	section, the obligation] shall be made [satisfied] proportionately
914	914	from the state and local revenue in the trust fund.
915	915	Sec. 524.012. REMITTANCE OF MONEY REMAINING IN FUND. [(m)]
916	916	On payment of all state, municipal, or county obligations under an
917	917	event support contract related to the location of any particular
918	918	event in this state, the comptroller shall remit to each endorsing
919	919	entity, in proportion to the amount contributed by the entity, any
920	920	money remaining in the special [sporting] events trust fund.
921	921	Sec. 524.013. NO STATE GUARANTEE FOR OBLIGATIONS. [(n)]
922	922	This chapter [section] may not be construed as creating or
923	923	requiring a state guarantee of obligations imposed on this state or
924	924	an endorsing municipality or endorsing county under an event
925	925	support contract or other agreement relating to hosting one or more
926	926	events in this state.
927	927	Sec. 524.014. REQUEST REQUIRED. (a) [(o)] The comptroller
928	928	may not undertake any of the responsibilities or duties set forth in
929	929	this chapter [section] unless a request is submitted by the
930	930	municipality or the county in which the event will be located.
931	931	(b) The request must be accompanied by documentation from a
932	932	site selection organization selecting the site for the event.
933	933	SECTION 6. The following are repealed:
934	934	(1) Chapter 398, Local Government Code; and
935	935	(2) Sections 4, 5, 6, 7, 10, and 11, Chapter 1507 (S.B.
936	936	456), Acts of the 76th Legislature, Regular Session, 1999 (Article
937	937	5190.14, Vernon's Texas Civil Statutes).
938	938	SECTION 7. Notwithstanding Section 6 of this Act, the
939	939	repeal of Chapter 398, Local Government Code, does not apply to a
940	940	special event plan approved under that chapter before the effective
941	941	date of this Act, and Chapter 398 is continued in effect for
942	942	purposes of that special event until all obligations payable for
943	943	that special event under that chapter are satisfied.
944	944	SECTION 8. (a) The change in law made by this Act applies
945	945	only to an offense committed on or after the effective date of this
946	946	Act. For purposes of this section, an offense was committed before
947	947	the effective date of this Act if any element of the offense
948	948	occurred before that date.
949	949	(b) An offense committed before the effective date of this
950	950	Act is covered by the law in effect when the offense was committed,
951	951	and the former law is continued in effect for that purpose.
952	952	SECTION 9. This Act takes effect September 1, 2009.