Texas 2019 - 86th Regular

Texas House Bill HB4174 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4174
	1	+	By: Leach (Senate Sponsor - Kolkhorst) H.B. No. 4174
	2	+	(In the Senate - Received from the House April 29, 2019;
	3	+	April 30, 2019, read first time and referred to Committee on
	4	+	Natural Resources & Economic Development; May 9, 2019, reported
	5	+	favorably by the following vote: Yeas 11, Nays 0; May 9, 2019, sent
	6	+	to printer.)
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the nonsubstantive revision of the event reimbursement
6	12		programs, including the Pan American Games trust fund, Olympic
7	13		Games trust fund, Major Events reimbursement program fund, Motor
8	14		Sports Racing trust fund, and Events trust fund; including
9	15		conforming amendments.
10	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	17		ARTICLE 1. NONSUBSTANTIVE REVISION OF THE EVENT REIMBURSEMENT
12	18		PROGRAMS
13	19		SECTION 1.01. Title 4, Government Code, is amended by
14	20		adding Subtitle E-1 to read as follows:
15	21		SUBTITLE E-1. EVENT REIMBURSEMENT PROGRAMS
16	22		CHAPTER 475. GENERAL PROVISIONS
17	23		CHAPTER 476. PAN AMERICAN GAMES TRUST FUND
18	24		CHAPTER 477. OLYMPIC GAMES TRUST FUND
19	25		CHAPTER 478. MAJOR EVENTS REIMBURSEMENT PROGRAM
20	26		CHAPTER 479. MOTOR SPORTS RACING TRUST FUND
21	27		CHAPTER 480. EVENTS TRUST FUND
22	28		CHAPTER 475. GENERAL PROVISIONS
23	29		SUBCHAPTER A. GENERAL PROVISIONS
24	30		Sec. 475.0001. DEFINITIONS
25	31		Sec. 475.0002. PURPOSES OF SUBTITLE
26	32		Sec. 475.0003. LEGISLATIVE FINDINGS
27	33		Sec. 475.0004. RULES
28	34		SUBCHAPTER B. ACTIONS OF OFFICE AND STATE AGENCIES IN RELATION TO
29	35		GAMES
30	36		Sec. 475.0051. APPLICABILITY OF SUBCHAPTER
31	37		Sec. 475.0052. REQUEST FOR OFFICE TO ENTER INTO GAMES
32	38		SUPPORT CONTRACT
33	39		Sec. 475.0053. TIME FOR DETERMINATION
34	40		Sec. 475.0054. PREREQUISITE FOR EXECUTION OF GAMES
35	41		SUPPORT CONTRACT
36	42		Sec. 475.0055. JOINDER UNDERTAKING TERMS
37	43		Sec. 475.0056. JOINDER AGREEMENT TERMS
38	44		Sec. 475.0057. ADDITIONAL TERMS OF GAMES SUPPORT
39	45		CONTRACT
40	46		Sec. 475.0058. REPAYMENT AGREEMENT REQUIRED
41	47		Sec. 475.0059. STATE AS ADDITIONAL INSURED
42	48		Sec. 475.0060. SUPPORT BY CERTAIN STATE AGENCIES
43	49		SUBCHAPTER C. LOCAL ORGANIZING COMMITTEES
44	50		Sec. 475.0101. APPLICABILITY OF OPEN MEETINGS AND OPEN
45	51		RECORDS LAWS
46	52		Sec. 475.0102. TAX EXEMPTIONS FOR CERTAIN COMMITTEES
47	53		Sec. 475.0103. ETHICS REQUIREMENTS RELATING TO CERTAIN
48	54		COMMITTEES; FINANCIAL DISCLOSURES
49	55		SUBCHAPTER D. LOCAL GOVERNMENT CORPORATION IN CERTAIN POPULOUS
50	56		COUNTIES AS ENDORSING MUNICIPALITY OR COUNTY
51	57		Sec. 475.0151. APPLICABILITY
52	58		Sec. 475.0152. AUTHORITY TO ACT AS ENDORSING
53	59		MUNICIPALITY OR COUNTY
54	60		Sec. 475.0153. DEPOSIT OF MUNICIPAL OR COUNTY TAX REVENUE
55	61		TO TRUST FUND
56	62		Sec. 475.0154. PLEDGE OF SURCHARGES TO GUARANTEE
57	63		OBLIGATIONS
58	64		SUBCHAPTER E. CRIMINAL PENALTIES
59	65		Sec. 475.0201. OFFENSE OF BRIBERY
60	66		CHAPTER 475. GENERAL PROVISIONS
61	67		SUBCHAPTER A. GENERAL PROVISIONS
62	68		Sec. 475.0001. DEFINITIONS. In this subtitle:
63	69		(1) "Endorsing county" means an endorsing county for
64	70		purposes of Chapter 477, 478, 479, or 480.
65	71		(2) "Endorsing municipality" means an endorsing
66	72		municipality for purposes of Chapter 476, 477, 478, 479, or 480.
67	73		(3) "Event" means a game or an event as defined by
68	74		Chapter 478, 479, or 480.
69	75		(4) "Games" means any of the following and includes
70	76		the events and activities related to the following:
71	77		(A) the College Football Playoff games;
72	78		(B) the Major League Baseball All-Star Game;
73	79		(C) the National Basketball Association All-Star
74	80		Game;
75	81		(D) the National Collegiate Athletic Association
76	82		Final Four;
77	83		(E) the National Hockey League All-Star Game;
78	84		(F) the Olympic Games;
79	85		(G) the Pan American Games;
80	86		(H) the Super Bowl;
81	87		(I) the World Cup Soccer Games; or
82	88		(J) the World Games.
83	89		(5) "Games support contract" means a joinder
84	90		undertaking, a joinder agreement, or a similar contract executed by
85	91		the office and containing terms permitted or required by this
86	92		subtitle.
87	93		(6) "Joinder agreement" means an agreement:
88	94		(A) entered into by the office on behalf of this
89	95		state and a site selection organization setting out representations
90	96		and assurances by this state in connection with the selection of a
91	97		site in this state for a game or event; or
92	98		(B) entered into by a local organizing committee,
93	99		an endorsing municipality, or an endorsing county, or more than one
94	100		local organizing committee, endorsing municipality, or endorsing
95	101		county acting collectively, and a site selection organization
96	102		setting out representations and assurances by each local organizing
97	103		committee, endorsing municipality, or endorsing county in
98	104		connection with the selection of a site in this state for a game or
99	105		event.
100	106		(7) "Joinder undertaking" means an agreement:
101	107		(A) entered into by the office on behalf of this
102	108		state and a site selection organization that this state will
103	109		execute a joinder agreement if the site selection organization
104	110		selects a site in this state for a game or event; or
105	111		(B) entered into by a local organizing committee,
106	112		an endorsing municipality, or an endorsing county, or more than one
107	113		local organizing committee, endorsing municipality, or endorsing
108	114		county acting collectively, and a site selection organization that
109	115		each local organizing committee, endorsing municipality, or
110	116		endorsing county will execute a joinder agreement if the site
111	117		selection organization selects a site in this state for a game or
112	118		event.
113	119		(8) "Local organizing committee" means a nonprofit
114	120		corporation or the corporation's successor in interest that:
115	121		(A) is authorized by an endorsing municipality,
116	122		endorsing county, or more than one endorsing municipality or county
117	123		acting collectively to pursue an application and bid on the
118	124		applicant's behalf to a site selection organization for selection
119	125		as the site of a game or event; or
120	126		(B) with authorization from an endorsing
121	127		municipality, endorsing county, or more than one endorsing
122	128		municipality or county acting collectively, executes an agreement
123	129		with a site selection organization regarding a bid to host a game or
124	130		event.
125	131		(9) "Office" means the Texas Economic Development and
126	132		Tourism Office within the office of the governor.
127	133		(10) "Site selection organization" means a site
128	134		selection organization as defined by Chapters 477, 478, and 480.
129	135		(V.A.C.S. Art. 5190.14, Secs. 1(1), (1-a), (2), (2-a), (3) as
130	136		amended Acts 78th Leg., R.S., Ch. 814, (4), (5), (6), (7), (8).)
131	137		Sec. 475.0002. PURPOSES OF SUBTITLE. The purposes of this
132	138		subtitle are to:
133	139		(1) provide assurances required by a site selection
134	140		organization sponsoring a game or event; and
135	141		(2) provide financing for the costs of:
136	142		(A) applying or bidding for selection as the site
137	143		of a game or event in this state;
138	144		(B) making preparations necessary and desirable
139	145		for conducting a game or event in this state, including costs of the
140	146		construction or renovation of facilities to the extent authorized
141	147		by this subtitle; and
142	148		(C) conducting a game or event in this state.
143	149		(V.A.C.S. Art. 5190.14, Sec. 2.)
144	150		Sec. 475.0003. LEGISLATIVE FINDINGS. Conducting one or
145	151		more games or events in this state will:
146	152		(1) provide invaluable public visibility throughout
147	153		the nation or world for this state and the communities where the
148	154		games or events are held;
149	155		(2) encourage and provide major economic benefits to
150	156		the communities where the games or events are held and to the entire
151	157		state; and
152	158		(3) provide opportunities for local and Texas
153	159		businesses to create jobs that pay a living wage. (V.A.C.S. Art.
154	160		5190.14, Sec. 3.)
155	161		Sec. 475.0004. RULES. The office of the governor shall
156	162		adopt rules consistent with this subtitle to ensure efficient
157	163		administration of the trust funds established under this subtitle,
158	164		including rules related to application and receipt requirements.
159	165		(V.A.C.S. Art. 5190.14, Sec. 3A.)
160	166		SUBCHAPTER B. ACTIONS OF OFFICE AND STATE AGENCIES IN RELATION TO
161	167		GAMES
162	168		Sec. 475.0051. APPLICABILITY OF SUBCHAPTER. This
163	169		subchapter does not apply to or otherwise affect an event support
164	170		contract under Chapter 478, 479, or 480 to which the office is not a
165	171		party. (V.A.C.S. Art. 5190.14, Sec. 7(a) (part).)
166	172		Sec. 475.0052. REQUEST FOR OFFICE TO ENTER INTO GAMES
167	173		SUPPORT CONTRACT. (a) The office shall review a request from a
168	174		local organizing committee, endorsing municipality, or endorsing
169	175		county that the office, on behalf of this state, enter into a games
170	176		support contract required by a site selection organization in
171	177		connection with the committee's, municipality's, or county's bid to
172	178		host any of the games.
173	179		(b) A request under Subsection (a) must be accompanied by:
174	180		(1) a general description and summary of the games for
175	181		which the local organizing committee, endorsing municipality, or
176	182		endorsing county is seeking a site selection;
177	183		(2) a preliminary and general description of the
178	184		proposal the local organizing committee, endorsing municipality,
179	185		or endorsing county intends to submit to a site selection
180	186		organization;
181	187		(3) the estimated cost of preparing and submitting the
182	188		intended proposal;
183	189		(4) the local organizing committee's, endorsing
184	190		municipality's, or endorsing county's intended method of obtaining
185	191		the money needed for preparing the proposal;
186	192		(5) a description by type and approximate amount of
187	193		the site selection application costs that the local organizing
188	194		committee, endorsing municipality, or endorsing county intends to
189	195		pay; and
190	196		(6) any other information reasonably requested by the
191	197		office to assist the office in reviewing the request. (V.A.C.S.
192	198		Art. 5190.14, Secs. 7(a) (part), (b).)
193	199		Sec. 475.0053. TIME FOR DETERMINATION. The office shall
194	200		approve or deny a request under Section 475.0052 not later than the
195	201		30th day after the date the local organizing committee, endorsing
196	202		municipality, or endorsing county submits the request. (V.A.C.S.
197	203		Art. 5190.14, Sec. 7(c).)
198	204		Sec. 475.0054. PREREQUISITE FOR EXECUTION OF GAMES SUPPORT
199	205		CONTRACT. The office may agree to execute a games support contract
200	206		only if:
201	207		(1) the office determines that:
202	208		(A) this state's assurances and obligations
203	209		under the contract are reasonable; and
204	210		(B) any financial commitment of this state will
205	211		be satisfied exclusively by recourse to the Pan American Games
206	212		trust fund or the Olympic Games trust fund, as applicable; and
207	213		(2) the endorsing municipality or endorsing county has
208	214		executed an agreement with a site selection organization that
209	215		contains substantially similar terms. (V.A.C.S. Art. 5190.14, Sec.
210	216		7(f).)
211	217		Sec. 475.0055. JOINDER UNDERTAKING TERMS. The office may
212	218		agree in a joinder undertaking entered into with a site selection
213	219		organization that the office will:
214	220		(1) execute a joinder agreement if the site selection
215	221		organization selects a site in this state for the games; and
216	222		(2) refrain from taking any action after execution of
217	223		the joinder undertaking that would impair the office's ability to
218	224		execute the joinder agreement. (V.A.C.S. Art. 5190.14, Sec. 7(d).)
219	225		Sec. 475.0056. JOINDER AGREEMENT TERMS. The office may
220	226		agree in a joinder agreement that this state will:
221	227		(1) provide or cause to be provided all of the
222	228		governmental funding, facilities, and other resources specified in
223	229		the local organizing committee's, endorsing municipality's, or
224	230		endorsing county's bid to host the games;
225	231		(2) be bound by the terms of, cause the local
226	232		organizing committee, endorsing municipality, or endorsing county
227	233		to perform, and guarantee performance of the committee's,
228	234		municipality's, or county's obligations under contracts relating to
229	235		selecting a site in this state for the games; and
230	236		(3) be jointly and severally liable with the local
231	237		organizing committee, endorsing municipality, or endorsing county
232	238		for:
233	239		(A) an obligation of the committee,
234	240		municipality, or county to a site selection organization, including
235	241		an obligation indemnifying the organization against a claim of and
236	242		liability to a third party arising out of or relating to the games;
237	243		and
238	244		(B) any financial deficit relating to the games.
239	245		(V.A.C.S. Art. 5190.14, Sec. 7(e).)
240	246		Sec. 475.0057. ADDITIONAL TERMS OF GAMES SUPPORT CONTRACT.
241	247		A games support contract may contain any additional provision the
242	248		office requires to carry out the purposes of this subtitle.
243	249		(V.A.C.S. Art. 5190.14, Sec. 7(h).)
244	250		Sec. 475.0058. REPAYMENT AGREEMENT REQUIRED. (a) Before
245	251		executing a games support contract, the office must execute an
246	252		agreement with the local organizing committee, endorsing
247	253		municipality, or endorsing county requiring the committee,
248	254		municipality, or county to repay this state any money spent by the
249	255		office under this subtitle if a site selection organization selects
250	256		a site for the games in this state in accordance with an application
251	257		by the committee, municipality, or county.
252	258		(b) The local organizing committee, endorsing municipality,
253	259		or endorsing county will make a repayment under Subsection (a) from
254	260		any surplus of the committee's, municipality's, or county's money
255	261		remaining after:
256	262		(1) presentation of the games; and
257	263		(2) payment of the expenses and obligations incurred
258	264		by the committee, municipality, or county. (V.A.C.S. Art. 5190.14,
259	265		Sec. 7(g).)
260	266		Sec. 475.0059. STATE AS ADDITIONAL INSURED. The office may
261	267		require a local organizing committee, endorsing municipality, or
262	268		endorsing county to list this state as an additional insured on any
263	269		insurance policy purchased by the committee, municipality, or
264	270		county that a site selection organization requires to be in effect
265	271		in connection with the games. (V.A.C.S. Art. 5190.14, Sec. 7(i).)
266	272		Sec. 475.0060. SUPPORT BY CERTAIN STATE AGENCIES. The
267	273		Texas Department of Transportation, the Department of Public Safety
268	274		of the State of Texas, and the Texas Department of Housing and
269	275		Community Affairs may:
270	276		(1) assist a local organizing committee, endorsing
271	277		municipality, or endorsing county in developing applications and
272	278		planning for the games; and
273	279		(2) enter into a contract or agreement or give
274	280		assurances related to the presentation of the games. (V.A.C.S. Art.
275	281		5190.14, Sec. 7(j).)
276	282		SUBCHAPTER C. LOCAL ORGANIZING COMMITTEES
277	283		Sec. 475.0101. APPLICABILITY OF OPEN MEETINGS AND OPEN
278	284		RECORDS LAWS. (a) A local organizing committee and the committee's
279	285		governing body are subject to Chapters 551 and 552. For purposes of
280	286		those chapters, the governing body of a local organizing committee
281	287		is considered a governmental body as defined by those chapters. For
282	288		purposes of Chapter 552, the records and information of a local
283	289		organizing committee are considered public records and public
284	290		information.
285	291		(b) A final bid that a local organizing committee submits to
286	292		a site selection organization, or a draft of that bid, is excepted
287	293		from required public disclosure under Chapter 552 until the
288	294		organization selects the site for the games.
289	295		(c) Chapter 551 does not apply to a meeting of a
290	296		subcommittee of a local organizing committee's governing body if:
291	297		(1) the subcommittee consists of not more than five
292	298		members;
293	299		(2) the meeting is not held in a public building;
294	300		(3) the subcommittee makes a recording of the meeting
295	301		proceedings in compliance with Section 551.103, and the committee
296	302		preserves the recording until the second anniversary of the date
297	303		the recording is made;
298	304		(4) the subcommittee does not discuss or decide any
299	305		financial matters during the meeting; and
300	306		(5) any decision the subcommittee makes will not take
301	307		effect without the governing body reviewing and officially adopting
302	308		the decision at a meeting held in compliance with Chapter 551.
303	309		(d) A recording made under Subsection (c) is subject to
304	310		required public disclosure in the manner prescribed by Chapter 552
305	311		for a public record. (V.A.C.S. Art. 5190.14, Sec. 8.)
306	312		Sec. 475.0102. TAX EXEMPTIONS FOR CERTAIN COMMITTEES. A
307	313		local organizing committee that is exempt from paying federal
308	314		income tax under Section 501(c), Internal Revenue Code of 1986, is
309	315		exempt from:
310	316		(1) the sales, excise, and use taxes imposed under
311	317		Chapter 151, Tax Code;
312	318		(2) taxes on the sale, rental, and use of a motor
313	319		vehicle imposed under Chapter 152, Tax Code;
314	320		(3) the hotel occupancy tax imposed under Chapter 156,
315	321		Tax Code; and
316	322		(4) the franchise tax imposed under Chapter 171, Tax
317	323		Code. (V.A.C.S. Art. 5190.14, Sec. 9(a).)
318	324		Sec. 475.0103. ETHICS REQUIREMENTS RELATING TO CERTAIN
319	325		COMMITTEES; FINANCIAL DISCLOSURES. (a) A local organizing
320	326		committee that submits a request under Section 475.0052 must:
321	327		(1) affirm as a part of that request that the committee
322	328		is in full compliance with the ethical guidelines provided by all
323	329		contracts entered into and rules adopted by the site selection
324	330		organization, including the organization's requirements regarding
325	331		disclosure of any financial interest a director, officer, or
326	332		senior-level employee of the committee has in any proposed
327	333		transaction with the committee;
328	334		(2) not later than the 15th day of the first month
329	335		following each calendar quarter, file with the secretary of the
330	336		endorsing municipality for which the committee submits a request:
331	337		(A) a certification that the committee continues
332	338		to comply with the ethical guidelines described by Subdivision (1);
333	339		and
334	340		(B) a report of contributions to and expenditures
335	341		by the committee, in the manner described by Subsection (b); and
336	342		(3) file with the secretary of the endorsing
337	343		municipality on April 15 of each year a copy of each financial
338	344		statement a committee or a member of a committee is required to
339	345		submit to the United States Olympic Committee during the preceding
340	346		calendar year.
341	347		(b) A report under Subsection (a)(2)(B) must include:
342	348		(1) for each contribution made to the local organizing
343	349		committee:
344	350		(A) the contributor's full name and address;
345	351		(B) the date of the contribution;
346	352		(C) whether the contribution is cash, made by
347	353		check, or in-kind; and
348	354		(D) the amount or market value of the
349	355		contribution; and
350	356		(2) for each expenditure made by the local organizing
351	357		committee:
352	358		(A) the full name and address of the person who
353	359		receives payment of the expenditure;
354	360		(B) the date of the expenditure;
355	361		(C) the amount of the expenditure; and
356	362		(D) the purpose of the expenditure.
357	363		(c) The endorsing municipality for which a local organizing
358	364		committee submits a request under Section 475.0052 must have a
359	365		comprehensive ethics code establishing standards of conduct,
360	366		disclosure requirements, and enforcement mechanisms relating to
361	367		municipal officials and employees before the office considers the
362	368		request. (V.A.C.S. Art. 5190.14, Sec. 10.)
363	369		SUBCHAPTER D. LOCAL GOVERNMENT CORPORATION IN CERTAIN POPULOUS
364	370		COUNTIES AS ENDORSING MUNICIPALITY OR COUNTY
365	371		Sec. 475.0151. APPLICABILITY. This subchapter applies only
366	372		to a local government corporation that:
367	373		(1) is authorized to collect a municipal hotel
368	374		occupancy tax; and
369	375		(2) is located in a county with a population of 3.3
370	376		million or more. (V.A.C.S. Art. 5190.14, Sec. 12(a).)
371	377		Sec. 475.0152. AUTHORITY TO ACT AS ENDORSING MUNICIPALITY
372	378		OR COUNTY. (a) A local government corporation may act as an
373	379		endorsing municipality or endorsing county under this subtitle.
374	380		(b) Subject to Section 475.0153, a local government
375	381		corporation acting as an endorsing municipality or endorsing county
376	382		under this subtitle has all the powers of an endorsing municipality
377	383		or endorsing county under this subtitle, and any action an
378	384		endorsing municipality or endorsing county is required to take by
379	385		ordinance or order under this subtitle may be taken by order or
380	386		resolution of the corporation. (V.A.C.S. Art. 5190.14,
381	387		Secs. 12(b), (e).)
382	388		Sec. 475.0153. DEPOSIT OF MUNICIPAL OR COUNTY TAX REVENUE
383	389		TO TRUST FUND. (a) A local government corporation acting as an
384	390		endorsing municipality or endorsing county under this subtitle
385	391		shall remit for deposit into the trust fund established for the
386	392		games or event the amounts determined by the office under this
387	393		subtitle.
388	394		(b) The office shall determine the incremental increase in
389	395		tax receipts attributable to the games or event and related
390	396		activities under this subtitle based on the amount of taxes imposed
391	397		by each municipality or county that comprises the corporation and
392	398		not on the amount of taxes imposed by the corporation. (V.A.C.S.
393	399		Art. 5190.14, Sec. 12(c).)
394	400		Sec. 475.0154. PLEDGE OF SURCHARGES TO GUARANTEE
395	401		OBLIGATIONS. A local government corporation acting as an endorsing
396	402		municipality or endorsing county under this subtitle may guarantee
397	403		the corporation's obligations under a games support contract or
398	404		event support contract by pledging surcharges from user fees,
399	405		including parking or ticket fees, charged in connection with the
400	406		games or event and related activities. (V.A.C.S. Art. 5190.14,
401	407		Sec. 12(d).)
402	408		SUBCHAPTER E. CRIMINAL PENALTIES
403	409		Sec. 475.0201. OFFENSE OF BRIBERY. (a) In this section,
404	410		"benefit" has the meaning assigned by Section 36.01, Penal Code.
405	411		(b) A person commits an offense if the person intentionally
406	412		or knowingly offers, confers, or agrees to confer on another
407	413		person, or solicits, accepts, or agrees to accept from another
408	414		person, any benefit as consideration for the recipient's decision,
409	415		opinion, recommendation, vote, or other exercise of discretion as a
410	416		member or employee of a local organizing committee or site
411	417		selection organization.
412	418		(c) It is a defense to prosecution under Subsection (b) that
413	419		the benefit conferred is a meal or entertainment reported under
414	420		Section 475.0103(a)(2)(B).
415	421		(d) It is not a defense to prosecution under Subsection (b)
416	422		that a person whom the actor sought to influence was not qualified
417	423		to act as the actor intended the person to act.
418	424		(e) It is not a defense to prosecution under Subsection (b)
419	425		that the benefit is not offered or conferred or that the benefit is
420	426		not solicited or accepted until after:
421	427		(1) the decision, opinion, recommendation, vote, or
422	428		other exercise of discretion has occurred; or
423	429		(2) the person whom the actor sought to influence is no
424	430		longer a member of the local organizing committee or a site
425	431		selection organization.
426	432		(f) An offense under this section is a felony of the second degree. (V.A.C.S. Art. 5190.14, Sec. 11.)
427	433		CHAPTER 476. PAN AMERICAN GAMES TRUST FUND
428	434		SUBCHAPTER A. GENERAL PROVISIONS
429	435		Sec. 476.0001. DEFINITIONS
430	436		Sec. 476.0002. ELIGIBILITY AS ENDORSING MUNICIPALITY
431	437		SUBCHAPTER B. STATE ACTIONS RELATING TO GAMES
432	438		Sec. 476.0051. DETERMINATION OF INCREMENTAL INCREASE
433	439		IN CERTAIN TAX RECEIPTS
434	440		Sec. 476.0052. TIME FOR DETERMINATION
435	441		Sec. 476.0053. DESIGNATION OF MARKET AREA
436	442		Sec. 476.0054. ESTIMATE OF TAX REVENUE CREDITED TO
437	443		TRUST FUND
438	444		SUBCHAPTER C. TRUST FUND ESTABLISHMENT, CONTRIBUTION, AND
439	445		LIMITATION
440	446		Sec. 476.0101. PAN AMERICAN GAMES TRUST FUND
441	447		Sec. 476.0102. DEPOSIT OF MUNICIPAL TAX REVENUE
442	448		Sec. 476.0103. STATE TAX REVENUE
443	449		Sec. 476.0104. LIMITATION ON TRANSFERS AND DEPOSITS TO
444	450		TRUST FUND
445	451		SUBCHAPTER D. DISBURSEMENTS FROM TRUST FUND
446	452		Sec. 476.0151. DISBURSEMENT WITHOUT APPROPRIATION
447	453		Sec. 476.0152. DISBURSEMENT FROM TRUST FUND
448	454		Sec. 476.0153. ALLOWABLE EXPENSES
449	455		Sec. 476.0154. TRANSFER AND REMITTANCE OF REMAINING
450	456		TRUST FUND MONEY
451	457		SUBCHAPTER E. LOCAL POWERS AND DUTIES RELATING TO GAMES
452	458		Sec. 476.0201. REQUIRED INFORMATION
453	459		Sec. 476.0202. PLEDGE OF SURCHARGES TO GUARANTEE
454	460		OBLIGATIONS
455	461		SUBCHAPTER F. LIMITATIONS ON JOINT LIABILITY
456	462		Sec. 476.0251. LIMITATION AMOUNTS
457	463		CHAPTER 476. PAN AMERICAN GAMES TRUST FUND
458	464		SUBCHAPTER A. GENERAL PROVISIONS
459	465		Sec. 476.0001. DEFINITIONS. In this chapter:
460	466		(1) "Endorsing municipality" means a municipality
461	467		that authorizes a bid by a local organizing committee for selection
462	468		of the municipality as the site of the games.
463	469		(2) "Games" means the Pan American Games.
464	470		(3) "Site selection organization" means:
465	471		(A) the Pan American Sports Organization; or
466	472		(B) the United States Olympic Committee.
467	473		(4) "Trust fund" means the Pan American Games trust
468	474		fund established by this chapter. (V.A.C.S. Art. 5190.14, Secs.
469	475		4(a)(1) as amended Acts 78th Leg., R.S., Ch. 814, (2), (3) (part);
470	476		New.)
471	477		Sec. 476.0002. ELIGIBILITY AS ENDORSING MUNICIPALITY. Only
472	478		a municipality with a population of 850,000 or more is eligible as
473	479		an endorsing municipality under this chapter. (V.A.C.S. Art.
474	480		5190.14, Sec. 4(a)(3) (part).)
475	481		SUBCHAPTER B. STATE ACTIONS RELATING TO GAMES
476	482		Sec. 476.0051. DETERMINATION OF INCREMENTAL INCREASE IN
477	483		CERTAIN TAX RECEIPTS. (a) After a site selection organization
478	484		selects a site for the games in this state in accordance with an
479	485		application by a local organizing committee acting on behalf of an
480	486		endorsing municipality, the office shall determine for each
481	487		subsequent calendar quarter the incremental increases in the
482	488		following tax receipts that the office determines are directly
483	489		attributable to the preparation for and presentation of the games
484	490		and related events:
485	491		(1) the receipts to this state from the taxes imposed
486	492		under Chapters 151, 152, 156, and 183, Tax Code, and under Title 5,
487	493		Alcoholic Beverage Code, in the market areas designated under
488	494		Section 476.0053;
489	495		(2) the receipts collected by this state for the
490	496		endorsing municipality from the sales and use tax imposed by the
491	497		municipality under Section 321.101(a), Tax Code; and
492	498		(3) the receipts collected by the endorsing
493	499		municipality from the municipality's hotel occupancy tax imposed
494	500		under Chapter 351, Tax Code.
495	501		(b) The office shall make the determination required by
496	502		Subsection (a) in accordance with procedures the office develops.
497	503		(V.A.C.S. Art. 5190.14, Sec. 4(b) (part).)
498	504		Sec. 476.0052. TIME FOR DETERMINATION. The office shall
499	505		determine the incremental increase in tax receipts under Section
500	506		476.0051 after the first occurrence of a measurable economic impact
501	507		in this state resulting from the preparation for the games, as
502	508		determined by the office, but not later than one year before the
503	509		scheduled opening event of the games. (V.A.C.S. Art. 5190.14, Sec.
504	510		4(b) (part).)
505	511		Sec. 476.0053. DESIGNATION OF MARKET AREA. (a) For
506	512		purposes of Section 476.0051(a)(1), the office shall designate as a
507	513		market area for the games each area in which the office determines
508	514		there is a reasonable likelihood of measurable economic impact
509	515		directly attributable to the preparation for and presentation of
510	516		the games and related events. The office shall include areas likely
511	517		to provide venues, accommodations, and services in connection with
512	518		the games based on the proposal the local organizing committee
513	519		provides under Section 475.0052.
514	520		(b) The office shall determine the geographic boundaries of
515	521		each market area.
516	522		(c) The endorsing municipality selected as the site for the
517	523		games must be included in a market area for the games. (V.A.C.S.
518	524		Art. 5190.14, Sec. 4(c).)
519	525		Sec. 476.0054. ESTIMATE OF TAX REVENUE CREDITED TO TRUST
520	526		FUND. (a) Not later than September 1 of the year that is eight
521	527		years before the year the games would be held in this state, the
522	528		office shall provide an estimate of the total amount of municipal
523	529		and state tax revenue that would be transferred or deposited to the
524	530		trust fund before January 1 of the year following the year the games
525	531		would be held if the games were held in this state at a site selected
526	532		in accordance with an application by a local organizing committee.
527	533		(b) The office shall provide the estimate on request to a
528	534		local organizing committee.
529	535		(c) A local organizing committee may submit the office's
530	536		estimate to a site selection organization. (V.A.C.S. Art. 5190.14,
531	537		Sec. 4(i).)
532	538		SUBCHAPTER C. TRUST FUND ESTABLISHMENT, CONTRIBUTION, AND
533	539		LIMITATION
534	540		Sec. 476.0101. PAN AMERICAN GAMES TRUST FUND. The Pan
535	541		American Games trust fund is established outside the state
536	542		treasury. The trust fund is held in trust by the comptroller for
537	543		administration of this subtitle. (V.A.C.S. Art. 5190.14, Sec. 4(f)
538	544		(part).)
539	545		Sec. 476.0102. DEPOSIT OF MUNICIPAL TAX REVENUE. (a)
540	546		Subject to Section 476.0104, the endorsing municipality shall
541	547		deposit to the trust fund the amount of the municipality's hotel
542	548		occupancy tax revenue determined under Section 476.0051(a)(3). The
543	549		endorsing municipality shall deposit the hotel occupancy tax
544	550		revenue to the trust fund at least quarterly.
545	551		(b) To guarantee the joint obligations of this state and the
546	552		endorsing municipality under a games support contract and this
547	553		subtitle, the comptroller, at the direction of the office, shall
548	554		retain the amount of municipal sales and use tax revenue determined
549	555		under Section 476.0051(a)(2) from the amounts otherwise required to
550	556		be sent to the municipality under Section 321.502, Tax Code, and,
551	557		subject to Section 476.0104, deposit the retained tax revenue to
552	558		the trust fund.
553	559		(c) The comptroller shall begin retaining the municipal
554	560		sales and use tax revenue with the first distribution of that tax
555	561		revenue that occurs after the date the office makes the
556	562		determination under Section 476.0051(a)(2).
557	563		(d) The comptroller shall discontinue retaining the
558	564		municipal sales and use tax revenue on the earlier of:
559	565		(1) the end of the third calendar month following the
560	566		month in which the closing event of the games occurs; or
561	567		(2) the date the amount of municipal sales and use tax
562	568		revenue and municipal hotel occupancy tax revenue in the trust fund
563	569		equals 14 percent of the maximum amount of municipal and state tax
564	570		revenue that may be transferred or deposited to the trust fund under
565	571		Section 476.0104. (V.A.C.S. Art. 5190.14, Secs. 4(d), (f) (part).)
566	572		Sec. 476.0103. STATE TAX REVENUE. (a) At the time the
567	573		endorsing municipality deposits to the trust fund its hotel
568	574		occupancy tax revenue under Section 476.0102(a), the comptroller,
569	575		at the direction of the office, shall transfer to the trust fund a
570	576		portion of the state tax revenue determined under Section
571	577		476.0051(a)(1) in an amount equal to 6.25 multiplied by the amount
572	578		of that municipal hotel occupancy tax revenue.
573	579		(b) At the time the comptroller deposits to the trust fund
574	580		the municipal sales and use tax revenue under Section 476.0102(b),
575	581		the comptroller, at the direction of the office, shall transfer to
576	582		the trust fund a portion of the state tax revenue determined under
577	583		Section 476.0051(a)(1) in an amount equal to 6.25 multiplied by the
578	584		amount of that municipal sales and use tax revenue.
579	585		(c) The comptroller shall discontinue transferring to the
580	586		trust fund any state tax revenue determined under Section
581	587		476.0051(a)(1) on the earlier of:
582	588		(1) the end of the third calendar month following the
583	589		month in which the closing event of the games occurs; or
584	590		(2) the date the amount of state revenue in the trust
585	591		fund equals 86 percent of the maximum amount of municipal and state
586	592		tax revenue that may be transferred or deposited to the trust fund
587	593		under Section 476.0104. (V.A.C.S. Art. 5190.14, Sec. 4(f) (part).)
588	594		Sec. 476.0104. LIMITATION ON TRANSFERS AND DEPOSITS TO
589	595		TRUST FUND. The total amount of municipal and state tax revenue
590	596		transferred or deposited to the trust fund may not exceed $20
591	597		million. (V.A.C.S. Art. 5190.14, Sec. 4(m) (part).)
592	598		SUBCHAPTER D. DISBURSEMENTS FROM TRUST FUND
593	599		Sec. 476.0151. DISBURSEMENT WITHOUT APPROPRIATION. Money
594	600		in the trust fund may be spent by the office without appropriation
595	601		only as provided by this subtitle. (V.A.C.S. Art. 5190.14, Sec.
596	602		4(f) (part).)
597	603		Sec. 476.0152. DISBURSEMENT FROM TRUST FUND. (a) The
598	604		office may make a disbursement from the trust fund only if the
599	605		office certifies that the disbursement is for a purpose for which
600	606		this state and the endorsing municipality are jointly obligated
601	607		under a games support contract or another agreement providing
602	608		assurances from the office or the municipality to a site selection
603	609		organization.
604	610		(b) On a certification described by Subsection (a), the
605	611		office shall satisfy the obligation:
606	612		(1) first, from municipal revenue deposited to the
607	613		trust fund and any interest earned on that municipal revenue; and
608	614		(2) if the municipal revenue is insufficient to
609	615		satisfy the entire deficit, from state revenue transferred to the
610	616		trust fund and any interest earned on that state revenue in an
611	617		amount sufficient to satisfy the portion of the deficit not covered
612	618		by the municipal revenue. (V.A.C.S. Art. 5190.14, Secs. 4(g)
613	619		(part), (j), (k).)
614	620		Sec. 476.0153. ALLOWABLE EXPENSES. The office may use
615	621		money in the trust fund only to fulfill joint obligations of this
616	622		state and the endorsing municipality to a site selection
617	623		organization under a games support contract or another agreement
618	624		providing assurances from the office or municipality to a site
619	625		selection organization. (V.A.C.S. Art. 5190.14, Sec. 4(g).)
620	626		Sec. 476.0154. TRANSFER AND REMITTANCE OF REMAINING TRUST
621	627		FUND MONEY. (a) On January 1 of the second year following the year
622	628		in which the games are held in this state, the comptroller, at the
623	629		direction of the office, shall transfer to the general revenue fund
624	630		the amount of state revenue remaining in the trust fund plus any
625	631		interest earned on that state revenue.
626	632		(b) The comptroller shall remit to the endorsing
627	633		municipality any money remaining in the trust fund after the
628	634		required amount is transferred under Subsection (a). (V.A.C.S.
629	635		Art. 5190.14, Sec. 4(l).)
630	636		SUBCHAPTER E. LOCAL POWERS AND DUTIES RELATING TO GAMES
631	637		Sec. 476.0201. REQUIRED INFORMATION. (a) A local
632	638		organizing committee shall provide information required by the
633	639		office to fulfill the office's duties under this subtitle,
634	640		including:
635	641		(1) annual audited statements of any committee
636	642		financial records required by a site selection organization; and
637	643		(2) data obtained by the committee relating to:
638	644		(A) attendance at the games; and
639	645		(B) the economic impact of the games.
640	646		(b) A local organizing committee must provide any annual
641	647		audited financial statement required by the office not later than
642	648		the end of the fourth month after the last day of the period covered
643	649		by the financial statement. (V.A.C.S. Art. 5190.14, Sec. 4(h).)
644	650		Sec. 476.0202. PLEDGE OF SURCHARGES TO GUARANTEE
645	651		OBLIGATIONS. An endorsing municipality may guarantee its
646	652		obligations under a games support contract and this subtitle by
647	653		pledging, in addition to municipal sales and use tax revenue
648	654		retained under Section 476.0102(b), surcharges from user fees
649	655		charged in connection with presentation of the games, including
650	656		parking or ticket fees. (V.A.C.S. Art. 5190.14, Sec. 4(e).)
651	657		SUBCHAPTER F. LIMITATIONS ON JOINT LIABILITY
652	658		Sec. 476.0251. LIMITATION AMOUNTS. The joint liability of
653	659		this state and the endorsing municipality under a joinder agreement
654	660		and any other games support contracts entered into under this
655	661		subtitle may not exceed the lesser of:
656	662		(1) $20 million; or
657	663		(2) the total amount of revenue transferred or
658		-	deposited to the trust fund and interest earned on the trust fund. (V.A.C.S. Art. 5190.14, Sec. 4(m) (part).)
	664	+	deposited to the trust fund and interest earned on the trust fund.
	665	+	(V.A.C.S. Art. 5190.14, Sec. 4(m) (part).)
659	666		CHAPTER 477. OLYMPIC GAMES TRUST FUND
660	667		SUBCHAPTER A. GENERAL PROVISIONS
661	668		Sec. 477.0001. DEFINITIONS
662	669		Sec. 477.0002. ELIGIBILITY AS ENDORSING MUNICIPALITY
663	670		SUBCHAPTER B. STATE ACTIONS RELATING TO GAMES
664	671		Sec. 477.0051. DETERMINATION OF INCREMENTAL INCREASE
665	672		IN CERTAIN TAX RECEIPTS
666	673		Sec. 477.0052. TIME FOR DETERMINATION
667	674		Sec. 477.0053. DESIGNATION OF MARKET AREA
668	675		Sec. 477.0054. ESTIMATE OF TAX REVENUE CREDITED TO
669	676		TRUST FUND
670	677		SUBCHAPTER C. TRUST FUND ESTABLISHMENT, CONTRIBUTION, AND
671	678		LIMITATION
672	679		Sec. 477.0101. OLYMPIC GAMES TRUST FUND
673	680		Sec. 477.0102. DEPOSIT OF MUNICIPAL AND COUNTY TAX
674	681		REVENUE
675	682		Sec. 477.0103. STATE TAX REVENUE
676	683		Sec. 477.0104. LIMITATION ON TRANSFERS AND DEPOSITS TO
677	684		TRUST FUND
678	685		SUBCHAPTER D. DISBURSEMENTS FROM TRUST FUND
679	686		Sec. 477.0151. DISBURSEMENT WITHOUT APPROPRIATION
680	687		Sec. 477.0152. DISBURSEMENT FROM TRUST FUND
681	688		Sec. 477.0153. ALLOWABLE EXPENSES
682	689		Sec. 477.0154. PROHIBITED DISBURSEMENT
683	690		Sec. 477.0155. TRANSFER AND REMITTANCE OF REMAINING
684	691		TRUST FUND MONEY
685	692		SUBCHAPTER E. LOCAL POWERS AND DUTIES RELATING TO GAMES
686	693		Sec. 477.0201. REQUIRED INFORMATION
687	694		Sec. 477.0202. PLEDGE OF SURCHARGES TO GUARANTEE
688	695		OBLIGATIONS
689	696		Sec. 477.0203. MUNICIPAL OR COUNTY ELECTION
690	697		SUBCHAPTER F. LIMITATIONS ON JOINT LIABILITY
691	698		Sec. 477.0251. LIMITATION AMOUNTS
692	699		CHAPTER 477. OLYMPIC GAMES TRUST FUND
693	700		SUBCHAPTER A. GENERAL PROVISIONS
694	701		Sec. 477.0001. DEFINITIONS. In this chapter:
695	702		(1) "Endorsing county" means a county that:
696	703		(A) contains all or part of a municipality
697	704		described by Section 477.0002; or
698	705		(B) is adjacent to a county described by
699	706		Paragraph (A).
700	707		(2) "Endorsing municipality" means a municipality
701	708		that authorizes a bid by a local organizing committee for selection
702	709		of the municipality as the site of the games.
703	710		(3) "Games" means the Olympic Games.
704	711		(4) "Site selection organization" means:
705	712		(A) the International Olympic Committee; or
706	713		(B) the United States Olympic Committee.
707	714		(5) "Trust fund" means the Olympic Games trust fund
708	715		established by this chapter. (V.A.C.S. Art. 5190.14, Secs. 4(a)(3)
709	716		(part), 5(a)(1), (2), (3) (part), (4); New.)
710	717		Sec. 477.0002. ELIGIBILITY AS ENDORSING MUNICIPALITY. Only
711	718		a municipality with a population of 850,000 or more is eligible as
712	719		an endorsing municipality under this chapter. (V.A.C.S. Art.
713	720		5190.14, Secs. 4(a)(3) (part), 5(a)(3) (part).)
714	721		SUBCHAPTER B. STATE ACTIONS RELATING TO GAMES
715	722		Sec. 477.0051. DETERMINATION OF INCREMENTAL INCREASE IN
716	723		CERTAIN TAX RECEIPTS. (a) After a site selection organization
717	724		selects a site for the games in this state in accordance with an
718	725		application by a local organizing committee, the office shall
719	726		determine for each subsequent calendar quarter the incremental
720	727		increases in the following tax receipts that the office determines
721	728		are directly attributable to the preparation for and presentation
722	729		of the games and related events:
723	730		(1) the receipts to this state from the taxes imposed
724	731		under Chapters 151, 152, 156, and 183, Tax Code, and under Title 5,
725	732		Alcoholic Beverage Code, in the market areas designated under
726	733		Section 477.0053;
727	734		(2) the receipts collected by this state for each
728	735		endorsing municipality from the sales and use tax imposed by the
729	736		municipality under Section 321.101(a), Tax Code, and the mixed
730	737		beverage tax revenue to be received by the municipality under
731	738		Section 183.051(b), Tax Code;
732	739		(3) the receipts collected by this state for each
733	740		endorsing county from the sales and use tax imposed by the county
734	741		under Section 323.101(a), Tax Code, and the mixed beverage tax
735	742		revenue received by the county under Section 183.051(b), Tax Code;
736	743		(4) the receipts collected by each endorsing
737	744		municipality from the hotel occupancy tax imposed under Chapter
738	745		351, Tax Code; and
739	746		(5) the receipts collected by each endorsing county
740	747		from the hotel occupancy tax imposed under Chapter 352, Tax Code.
741	748		(b) The office shall make the determination required by
742	749		Subsection (a) in accordance with procedures the office develops.
743	750		(V.A.C.S. Art. 5190.14, Sec. 5(b) (part).)
744	751		Sec. 477.0052. TIME FOR DETERMINATION. The office shall
745	752		determine the incremental increase in tax receipts under Section
746	753		477.0051 after the first occurrence of a measurable economic impact
747	754		in this state resulting from the preparation for the games, as
748	755		determined by the office, but not later than one year before the
749	756		scheduled opening event of the games. (V.A.C.S. Art. 5190.14, Sec.
750	757		5(b) (part).)
751	758		Sec. 477.0053. DESIGNATION OF MARKET AREA. (a) For
752	759		purposes of Section 477.0051(a)(1), the office shall designate as a
753	760		market area for the games each area in which the office determines
754	761		there is a reasonable likelihood of measurable economic impact
755	762		directly attributable to the preparation for and presentation of
756	763		the games and related events. The office shall include areas likely
757	764		to provide venues, accommodations, and services in connection with
758	765		the games based on the proposal the local organizing committee
759	766		provides under Section 475.0052.
760	767		(b) The office shall determine the geographic boundaries of
761	768		each market area.
762	769		(c) Each endorsing municipality or endorsing county
763	770		selected as the site for the games must be included in a market area
764	771		for the games. (V.A.C.S. Art. 5190.14, Sec. 5(c).)
765	772		Sec. 477.0054. ESTIMATE OF TAX REVENUE CREDITED TO TRUST
766	773		FUND. (a) Before August 31 of the year that is 12 years before the
767	774		year the games would be held in this state, or as soon as
768	775		practicable after that date, the office shall provide an estimate
769	776		of the total amount of municipal, county, and state tax revenue that
770	777		would be transferred or deposited to the trust fund if the games
771	778		were held in this state at a site selected in accordance with an
772	779		application by a local organizing committee.
773	780		(b) The office shall provide the estimate on request to a
774	781		local organizing committee.
775	782		(c) A local organizing committee may submit the office's
776	783		estimate to a site selection organization. (V.A.C.S. Art. 5190.14,
777	784		Sec. 5(i).)
778	785		SUBCHAPTER C. TRUST FUND ESTABLISHMENT, CONTRIBUTION, AND
779	786		LIMITATION
780	787		Sec. 477.0101. OLYMPIC GAMES TRUST FUND. The Olympic Games
781	788		trust fund is established outside the treasury. The trust fund is
782	789		held in trust by the comptroller for the administration of this
783	790		subtitle. (V.A.C.S. Art. 5190.14, Sec. 5(f) (part).)
784	791		Sec. 477.0102. DEPOSIT OF MUNICIPAL AND COUNTY TAX REVENUE.
785	792		(a) Subject to Section 477.0104, each endorsing municipality or
786	793		endorsing county shall remit to the comptroller and the
787	794		comptroller, at the direction of the office, quarterly shall
788	795		deposit to the trust fund the amount of the municipality's or
789	796		county's hotel occupancy tax revenue determined under Section
790	797		477.0051(a)(4) or (5), as applicable.
791	798		(b) To guarantee the joint obligations of this state and an
792	799		endorsing municipality or endorsing county under a games support
793	800		contract and this subtitle, subject to Section 477.0203, the
794	801		comptroller, at the direction of the office, shall retain the
795	802		amount of sales and use tax revenue and mixed beverage tax revenue
796	803		determined under Section 477.0051(a)(2) or (3) from the amounts
797	804		otherwise required to be sent to the municipality under Section
798	805		183.051(b) or 321.502, Tax Code, or to the county under Section
799	806		183.051(b) or 323.502, Tax Code. Subject to Sections 477.0104 and
800	807		477.0203, the comptroller, at the direction of the office, shall
801	808		deposit the retained tax revenue to the trust fund for the same
802	809		calendar quarter as under Subsection (a).
803	810		(c) The comptroller shall begin retaining municipal and
804	811		county sales and use tax revenue and mixed beverage tax revenue with
805	812		the first distribution of that tax revenue that occurs after the
806	813		date the office makes the determination under Section
807	814		477.0051(a)(2) or (3).
808	815		(d) The comptroller shall discontinue retaining municipal
809	816		and county sales and use tax revenue and mixed beverage tax revenue
810	817		on the earlier of:
811	818		(1) the end of the third calendar month following the
812	819		month in which the closing event of the games occurs; or
813	820		(2) the date the amount of municipal and county sales
814	821		and use tax revenue and mixed beverage tax revenue in the trust fund
815	822		equals 14 percent of the maximum amount of municipal, county, and
816	823		state tax revenue that may be transferred or deposited to the trust
817	824		fund under Section 477.0104. (V.A.C.S. Art. 5190.14, Secs. 5(d),
818	825		(f) (part).)
819	826		Sec. 477.0103. STATE TAX REVENUE. (a) At the time the
820	827		comptroller deposits to the trust fund the municipal and county tax
821	828		revenue under Section 477.0102(b), the comptroller shall transfer
822	829		to the trust fund the state tax revenue determined under Section
823	830		477.0051(a)(1) for the quarter.
824	831		(b) The comptroller shall discontinue transferring the
825	832		amount of state tax revenue determined under Section 477.0051(a)(1)
826	833		on the earlier of:
827	834		(1) the end of the third calendar month following the
828	835		month in which the closing event of the games occurs; or
829	836		(2) the date the amount of state revenue in the trust
830	837		fund equals 86 percent of the maximum amount of municipal, county,
831	838		and state tax revenue that may be transferred or deposited to the
832	839		trust fund under Section 477.0104. (V.A.C.S. Art. 5190.14, Sec.
833	840		5(f) (part).)
834	841		Sec. 477.0104. LIMITATION ON TRANSFERS AND DEPOSITS TO
835	842		TRUST FUND. The total amount of municipal, county, and state tax
836	843		revenue transferred or deposited to the trust fund may not exceed
837	844		$100 million. (V.A.C.S. Art. 5190.14, Sec. 5(m) (part).)
838	845		SUBCHAPTER D. DISBURSEMENTS FROM TRUST FUND
839	846		Sec. 477.0151. DISBURSEMENT WITHOUT APPROPRIATION. Money
840	847		in the trust fund may be spent by the office without appropriation
841	848		only as provided by this subtitle. (V.A.C.S. Art. 5190.14, Sec.
842	849		5(f) (part).)
843	850		Sec. 477.0152. DISBURSEMENT FROM TRUST FUND. (a) The
844	851		office may make a disbursement from the trust fund only if the
845	852		office certifies that the disbursement is for a purpose for which
846	853		this state and each endorsing municipality and endorsing county are
847	854		jointly obligated under a games support contract or another
848	855		agreement providing assurances from the office or an endorsing
849	856		municipality or endorsing county to a site selection organization.
850	857		(b) On a certification described by Subsection (a), the
851	858		office shall satisfy the obligation proportionately from the state
852	859		and municipal or county revenue in the trust fund. (V.A.C.S. Art.
853	860		5190.14, Secs. 5(j) (part), (k).)
854	861		Sec. 477.0153. ALLOWABLE EXPENSES. The office may use
855	862		money in the trust fund only to fulfill joint obligations of this
856	863		state and each endorsing municipality and endorsing county to a
857	864		site selection organization under a games support contract or
858	865		another agreement providing assurances from the office or the
859	866		municipality or county to a site selection organization. (V.A.C.S.
860	867		Art. 5190.14, Sec. 5(g).)
861	868		Sec. 477.0154. PROHIBITED DISBURSEMENT. The office may not
862	869		make a disbursement from the trust fund that the office determines
863	870		would be used to solicit the relocation of a professional sports
864	871		franchise located in this state. (V.A.C.S. Art. 5190.14, Sec. 5(j)
865	872		(part).)
866	873		Sec. 477.0155. TRANSFER AND REMITTANCE OF REMAINING TRUST
867	874		FUND MONEY. (a) Two years after the closing event of the games, the
868	875		office shall transfer to the general revenue fund the amount of
869	876		state revenue remaining in the trust fund plus any interest earned
870	877		on that state revenue.
871	878		(b) The office shall remit to each endorsing entity in
872	879		proportion to the amount contributed by the entity any money
873	880		remaining in the trust fund after the required amount is
874	881		transferred under Subsection (a). (V.A.C.S. Art. 5190.14, Sec.
875	882		5(l).)
876	883		SUBCHAPTER E. LOCAL POWERS AND DUTIES RELATING TO GAMES
877	884		Sec. 477.0201. REQUIRED INFORMATION. (a) A local
878	885		organizing committee shall provide information required by the
879	886		office to fulfill the office's duties under this subtitle,
880	887		including:
881	888		(1) annual audited statements of any committee
882	889		financial records required by a site selection organization; and
883	890		(2) data obtained by the committee relating to:
884	891		(A) attendance at the games; and
885	892		(B) the economic impact of the games.
886	893		(b) A local organizing committee must provide any annual
887	894		audited financial statement required by the office not later than
888	895		the end of the fourth month after the last day of the period covered
889	896		by the financial statement. (V.A.C.S. Art. 5190.14, Sec. 5(h).)
890	897		Sec. 477.0202. PLEDGE OF SURCHARGES TO GUARANTEE
891	898		OBLIGATIONS. An endorsing municipality or endorsing county may
892	899		guarantee its obligations under a games support contract and this
893	900		subtitle by pledging, in addition to sales and use tax revenue,
894	901		mixed beverage tax revenue, and hotel occupancy tax revenue
895	902		retained under Section 477.0102, surcharges from user fees charged
896	903		in connection with the presentation of the games, including parking
897	904		or ticket fees. (V.A.C.S. Art. 5190.14, Sec. 5(e).)
898	905		Sec. 477.0203. MUNICIPAL OR COUNTY ELECTION. (a) An
899	906		endorsing municipality or endorsing county must hold an election in
900	907		the municipality or county to determine whether the municipality or
901	908		county may contribute a portion of its sales and use taxes to the
902	909		trust fund under this chapter. The election must be held on a
903	910		uniform election date before the date a site selection organization
904	911		requires the endorsing municipality or endorsing county and the
905	912		state to enter into a joinder undertaking relating to the
906	913		applicable games.
907	914		(b) If an endorsing municipality or endorsing county is
908	915		required to hold an election under this section and the
909	916		contribution of a portion of the municipality's or county's sales
910	917		and use taxes to the trust fund under this chapter is not approved
911	918		by a majority of the voters voting in the election:
912	919		(1) the comptroller may not establish the trust fund
913	920		under this chapter, may not retain the municipality's or county's
914	921		tax revenue under Section 477.0102 from amounts otherwise required
915	922		to be sent to that municipality or county, and may not transfer any
916	923		state tax revenue into the trust fund;
917	924		(2) the office is not required to determine the
918	925		incremental increase in municipal, county, or state tax revenue
919	926		under Section 477.0051; and
920	927		(3) the office may not enter into a games support
921	928		contract relating to the games for which the municipality or county
922	929		has authorized a bid on its behalf.
923	930		(c) Notwithstanding any other provisions of this subtitle,
924	931		an endorsing municipality or endorsing county is not required to
925	932		hold an election to contribute its mixed beverage tax revenue or its
926	933		hotel occupancy tax revenue to the trust fund under this chapter.
927	934		(V.A.C.S. Art. 5190.14, Sec. 6.)
928	935		SUBCHAPTER F. LIMITATIONS ON JOINT LIABILITY
929	936		Sec. 477.0251. LIMITATION AMOUNTS. The joint liability of
930	937		this state and an endorsing municipality or endorsing county under
931	938		a joinder agreement and any other games support contracts entered
932	939		into under this subtitle may not exceed the lesser of:
933	940		(1) $100 million; or
934	941		(2) the total amount of revenue transferred or
935	942		deposited to the trust fund and interest earned on the trust fund. (V.A.C.S. Art. 5190.14, Sec. 5(m) (part).)
936	943		CHAPTER 478. MAJOR EVENTS REIMBURSEMENT PROGRAM
937	944		SUBCHAPTER A. GENERAL PROVISIONS
938	945		Sec. 478.0001. DEFINITIONS
939	946		Sec. 478.0002. RULES
940	947		Sec. 478.0003. CONSTRUCTION OF CHAPTER
941	948		SUBCHAPTER B. ELIGIBILITY
942	949		Sec. 478.0051. EVENTS ELIGIBLE FOR FUNDING
943	950		Sec. 478.0052. SINGLE EVENT CLASSIFICATION FOR
944	951		ELIGIBILITY PURPOSES
945	952		Sec. 478.0053. EXEMPTION FROM CERTAIN ELIGIBILITY
946	953		REQUIREMENT FOR CERTAIN LARGE VENUES
947	954		SUBCHAPTER C. STATE ACTIONS RELATING TO EVENTS
948	955		Sec. 478.0101. PREREQUISITES FOR OFFICE ACTION
949	956		Sec. 478.0102. DETERMINATION OF INCREMENTAL INCREASE
950	957		IN CERTAIN TAX RECEIPTS
951	958		Sec. 478.0103. TIME FOR DETERMINATION REQUEST
952	959		Sec. 478.0104. TIME FOR DETERMINATION
953	960		Sec. 478.0105. DESIGNATION OF MARKET AREA
954	961		Sec. 478.0106. ESTIMATE OF TAX REVENUE CREDITED TO
955	962		FUND
956	963		Sec. 478.0107. ECONOMIC IMPACT STUDY
957	964		Sec. 478.0108. DISTRIBUTION AND PUBLICATION OF PLAN TO
958	965		PREVENT TRAFFICKING OF PERSONS IN
959	966		CONNECTION WITH EVENT
960	967		SUBCHAPTER D. FUND ESTABLISHMENT AND CONTRIBUTIONS
961	968		Sec. 478.0151. MAJOR EVENTS REIMBURSEMENT PROGRAM FUND
962	969		Sec. 478.0152. DEPOSIT OF MUNICIPAL AND COUNTY TAX
963	970		REVENUE
964	971		Sec. 478.0153. OTHER LOCAL MONEY
965	972		Sec. 478.0154. SURCHARGES AND USER FEES
966	973		Sec. 478.0155. STATE TAX REVENUE
967	974		SUBCHAPTER E. DISBURSEMENTS FROM FUND
968	975		Sec. 478.0201. DISBURSEMENT WITHOUT APPROPRIATION
969	976		Sec. 478.0202. DISBURSEMENT FROM FUND
970	977		Sec. 478.0203. REDUCTION OF DISBURSEMENT AMOUNT
971	978		Sec. 478.0204. ALLOWABLE EXPENSES
972	979		Sec. 478.0205. LIMITATION ON CERTAIN DISBURSEMENTS
973	980		Sec. 478.0206. PROHIBITED DISBURSEMENT
974	981		Sec. 478.0207. REMITTANCE OF REMAINING FUND MONEY
975	982		SUBCHAPTER F. LOCAL POWERS AND DUTIES RELATING TO EVENTS
976	983		Sec. 478.0251. REQUIRED INFORMATION
977	984		Sec. 478.0252. ISSUANCE OF NOTES
978	985		Sec. 478.0253. PLEDGE OF SURCHARGES TO GUARANTEE
979	986		OBLIGATIONS
980	987		CHAPTER 478. MAJOR EVENTS REIMBURSEMENT PROGRAM
981	988		SUBCHAPTER A. GENERAL PROVISIONS
982	989		Sec. 478.0001. DEFINITIONS. In this chapter:
983	990		(1) "Endorsing county" means:
984	991		(A) a county that contains a site selected by a
985	992		site selection organization for an event; or
986	993		(B) a county that:
987	994		(i) does not contain a site selected by a
988	995		site selection organization for an event;
989	996		(ii) is included in the market area for the
990	997		event as designated by the office; and
991	998		(iii) is a party to an event support
992	999		contract.
993	1000		(2) "Endorsing municipality" means:
994	1001		(A) a municipality that contains a site selected
995	1002		by a site selection organization for an event; or
996	1003		(B) a municipality that:
997	1004		(i) does not contain a site selected by a
998	1005		site selection organization for an event;
999	1006		(ii) is included in the market area for the
1000	1007		event as designated by the office; and
1001	1008		(iii) is a party to an event support
1002	1009		contract.
1003	1010		(3) "Event" means any of the following and includes
1004	1011		any activity related to or associated with the following:
1005	1012		(A) the Academy of Country Music Awards;
1006	1013		(B) the Amateur Athletic Union Junior Olympic
1007	1014		Games;
1008	1015		(C) the Breeders' Cup World Championships;
1009	1016		(D) a game of the College Football Playoff or its
1010	1017		successor;
1011	1018		(E) an Elite Rodeo Association World
1012	1019		Championship;
1013	1020		(F) a Formula One automobile race;
1014	1021		(G) the largest event held each year at a sports
1015	1022		entertainment venue in this state with a permanent seating
1016	1023		capacity, including grandstand and premium seating, of at least
1017	1024		125,000;
1018	1025		(H) the Major League Baseball All-Star Game;
1019	1026		(I) the Major League Soccer All-Star Game or the
1020	1027		Major League Soccer Cup;
1021	1028		(J) a mixed martial arts championship;
1022	1029		(K) the Moto Grand Prix of the United States;
1023	1030		(L) the National Association for Stock Car Auto
1024	1031		Racing (NASCAR):
1025	1032		(i) All-Star Race; or
1026	1033		(ii) season-ending Championship Race;
1027	1034		(M) the National Basketball Association All-Star
1028	1035		Game;
1029	1036		(N) a National Collegiate Athletic Association
1030	1037		Final Four tournament game;
1031	1038		(O) the National Collegiate Athletic Association
1032	1039		men's or women's lacrosse championships;
1033	1040		(P) a national collegiate championship of an
1034	1041		amateur sport sanctioned by the national governing body of the
1035	1042		sport that is recognized by the United States Olympic Committee;
1036	1043		(Q) the National Cutting Horse Association
1037	1044		Triple Crown;
1038	1045		(R) the National Hockey League All-Star Game;
1039	1046		(S) a national political convention of the
1040	1047		Republican National Committee or the Democratic National
1041	1048		Committee;
1042	1049		(T) an Olympic activity, including a Junior or
1043	1050		Senior activity, training program, or feeder program sanctioned by
1044	1051		the United States Olympic Committee's Community Olympic
1045	1052		Development Program;
1046	1053		(U) a presidential general election debate;
1047	1054		(V) the Professional Rodeo Cowboys Association
1048	1055		National Finals Rodeo;
1049	1056		(W) a Super Bowl;
1050	1057		(X) the United States Open Championship;
1051	1058		(Y) a World Cup soccer game or the World Cup
1052	1059		soccer tournament;
1053	1060		(Z) the World Games; or
1054	1061		(AA) the X Games.
1055	1062		(4) "Event support contract" means a joinder
1056	1063		undertaking, joinder agreement, or similar contract executed by a
1057	1064		site selection organization and a local organizing committee, an
1058	1065		endorsing municipality, or an endorsing county.
1059	1066		(5) "Fund" means the major events reimbursement
1060	1067		program fund.
1061	1068		(6) "Program" means the major events reimbursement
1062	1069		program.
1063	1070		(7) "Site selection organization" means:
1064	1071		(A) the Academy of Country Music;
1065	1072		(B) the Amateur Athletic Union;
1066	1073		(C) the College Football Playoff Administration,
1067	1074		LLC, or its successor;
1068	1075		(D) the Commission on Presidential Debates;
1069	1076		(E) the Democratic National Committee;
1070	1077		(F) Dorna Sports;
1071	1078		(G) the Elite Rodeo Association;
1072	1079		(H) ESPN or an affiliate;
1073	1080		(I) the Federation Internationale de Football
1074	1081		Association (FIFA);
1075	1082		(J) the International World Games Association;
1076	1083		(K) Major League Baseball;
1077	1084		(L) Major League Soccer;
1078	1085		(M) the National Association for Stock Car Auto
1079	1086		Racing (NASCAR);
1080	1087		(N) the National Basketball Association;
1081	1088		(O) the National Collegiate Athletic
1082	1089		Association;
1083	1090		(P) the National Cutting Horse Association;
1084	1091		(Q) the National Football League;
1085	1092		(R) the National Hockey League;
1086	1093		(S) the Professional Rodeo Cowboys Association;
1087	1094		(T) the Republican National Committee;
1088	1095		(U) the Ultimate Fighting Championship;
1089	1096		(V) the United States Golf Association;
1090	1097		(W) the United States Olympic Committee; or
1091	1098		(X) the national governing body of a sport that
1092	1099		is recognized by:
1093	1100		(i) the Federation Internationale de
1094	1101		l'Automobile;
1095	1102		(ii) Formula One Management Limited;
1096	1103		(iii) the National Thoroughbred Racing
1097	1104		Association; or
1098	1105		(iv) the United States Olympic Committee.
1099	1106		(V.A.C.S. Art. 5190.14, Sec. 5A(a); New.)
1100	1107		Sec. 478.0002. RULES. The office may adopt rules necessary
1101	1108		to implement this chapter. (V.A.C.S. Art. 5190.14, Sec. 5A(v).)
1102	1109		Sec. 478.0003. CONSTRUCTION OF CHAPTER. This chapter may
1103	1110		not be construed as creating or requiring a state guarantee of an
1104	1111		obligation imposed on an endorsing municipality, an endorsing
1105	1112		county, or this state under an event support contract or another
1106	1113		agreement relating to hosting an event in this state. (V.A.C.S.
1107	1114		Art. 5190.14, Sec. 5A(o).)
1108	1115		SUBCHAPTER B. ELIGIBILITY
1109	1116		Sec. 478.0051. EVENTS ELIGIBLE FOR FUNDING. (a) Only an
1110	1117		event listed in Section 478.0001(3) is eligible for funding under
1111	1118		this chapter.
1112	1119		(b) A listed event may receive funding through the program
1113	1120		only if:
1114	1121		(1) a site selection organization, after considering
1115	1122		through a highly competitive selection process one or more sites
1116	1123		not in this state, selects a site in this state for the event to be
1117	1124		held:
1118	1125		(A) one time; or
1119	1126		(B) if the event is scheduled under an event
1120	1127		contract or event support contract to be held each year for a period
1121	1128		of years, one time in each year;
1122	1129		(2) a site selection organization selects a site in
1123	1130		this state as:
1124	1131		(A) the sole site for the event; or
1125	1132		(B) the sole site for the event in a region
1126	1133		composed of this state and one or more adjoining states;
1127	1134		(3) the event is held not more than one time in any
1128	1135		year;
1129	1136		(4) the incremental increase in tax receipts
1130	1137		determined under Section 478.0102 is at least $1 million; and
1131	1138		(5) not later than the 30th day before the first day of
1132	1139		the event, a site selection organization submits a plan to prevent
1133	1140		the trafficking of persons in connection with the event to:
1134	1141		(A) the office of the attorney general; and
1135	1142		(B) the chief of the Texas Division of Emergency
1136	1143		Management. (V.A.C.S. Art. 5190.14, Sec. 5A(a-1) (part).)
1137	1144		Sec. 478.0052. SINGLE EVENT CLASSIFICATION FOR ELIGIBILITY
1138	1145		PURPOSES. For purposes of Section 478.0051, each presidential
1139	1146		general election debate in a series of presidential debates before
1140	1147		a general election is considered a separate, single event.
1141	1148		(V.A.C.S. Art. 5190.14, Sec. 5A(a-3).)
1142	1149		Sec. 478.0053. EXEMPTION FROM CERTAIN ELIGIBILITY
1143	1150		REQUIREMENT FOR CERTAIN LARGE VENUES. Section 478.0051(b)(1) does
1144	1151		not apply to an event described by Section 478.0001(3)(G). If an
1145	1152		endorsing municipality or endorsing county requests the office to
1146	1153		make a determination under Section 478.0102 for an event described
1147	1154		by Section 478.0001(3)(G), the remaining provisions of this chapter
1148	1155		apply to that event as if the event satisfied the eligibility
1149	1156		requirements under Section 478.0051(b)(1). (V.A.C.S. Art.
1150	1157		5190.14, Sec. 5A(a-2).)
1151	1158		SUBCHAPTER C. STATE ACTIONS RELATING TO EVENTS
1152	1159		Sec. 478.0101. PREREQUISITES FOR OFFICE ACTION. The office
1153	1160		may not undertake any duty imposed by this chapter unless:
1154	1161		(1) the municipality or county in which an event will
1155	1162		be located submits a request;
1156	1163		(2) the event meets the requirements for funding under
1157	1164		Section 478.0051 and all other funding requirements under this
1158	1165		chapter; and
1159	1166		(3) the request is accompanied by documentation from a
1160	1167		site selection organization selecting the site for the event.
1161	1168		(V.A.C.S. Art. 5190.14, Sec. 5A(p).)
1162	1169		Sec. 478.0102. DETERMINATION OF INCREMENTAL INCREASE IN
1163	1170		CERTAIN TAX RECEIPTS. (a) After a site selection organization
1164	1171		selects a site for an event in this state in accordance with an
1165	1172		application by a local organizing committee, endorsing
1166	1173		municipality, or endorsing county and on request of a local
1167	1174		organizing committee, endorsing municipality, or endorsing county,
1168	1175		the office shall determine the incremental increases in the
1169	1176		following tax receipts that the office determines are directly
1170	1177		attributable to the preparation for and presentation of the event
1171	1178		for a one-year period that begins two months before the date on
1172	1179		which the event will begin:
1173	1180		(1) the receipts to this state from taxes imposed
1174	1181		under Chapters 151, 152, 156, and 183, Tax Code, and under Title 5,
1175	1182		Alcoholic Beverage Code, in the market areas designated under
1176	1183		Section 478.0105;
1177	1184		(2) the receipts collected by this state for each
1178	1185		endorsing municipality in the market area from the sales and use tax
1179	1186		imposed by each endorsing municipality under Section 321.101(a),
1180	1187		Tax Code, and the mixed beverage tax revenue to be received by each
1181	1188		endorsing municipality under Section 183.051(b), Tax Code;
1182	1189		(3) the receipts collected by this state for each
1183	1190		endorsing county in the market area from the sales and use tax
1184	1191		imposed by each endorsing county under Section 323.101(a), Tax
1185	1192		Code, and the mixed beverage tax revenue to be received by each
1186	1193		endorsing county under Section 183.051(b), Tax Code;
1187	1194		(4) the receipts collected by each endorsing
1188	1195		municipality in the market area from the hotel occupancy tax
1189	1196		imposed under Chapter 351, Tax Code; and
1190	1197		(5) the receipts collected by each endorsing county in
1191	1198		the market area from the hotel occupancy tax imposed under Chapter
1192	1199		352, Tax Code.
1193	1200		(b) The office shall make the determination required by
1194	1201		Subsection (a) in accordance with procedures the office develops
1195	1202		and shall base that determination on information submitted by a
1196	1203		local organizing committee, endorsing municipality, or endorsing
1197	1204		county.
1198	1205		(c) For an event scheduled to be held each year for a period
1199	1206		of years under an event contract or event support contract, the
1200	1207		office shall calculate the incremental increase in the tax receipts
1201	1208		specified by Subsection (a) as if the event did not occur in the
1202	1209		prior year for purposes of Section 478.0051(b)(4). (V.A.C.S. Art.
1203	1210		5190.14, Secs. 5A(a-1) (part), (b), (b-1) (part).)
1204	1211		Sec. 478.0103. TIME FOR DETERMINATION REQUEST. A request
1205	1212		for a determination of the incremental increase in tax receipts
1206	1213		under Section 478.0102 must be submitted to the office not earlier
1207	1214		than one year and not later than the 45th day before the beginning
1208	1215		date of the event. (V.A.C.S. Art. 5190.14, Sec. 5A(b-1) (part).)
1209	1216		Sec. 478.0104. TIME FOR DETERMINATION. The office shall
1210	1217		determine the incremental increase in tax receipts under Section
1211	1218		478.0102 not later than the 30th day after the date the office
1212	1219		receives the request for that determination and related
1213	1220		information. (V.A.C.S. Art. 5190.14, Sec. 5A(b-1) (part).)
1214	1221		Sec. 478.0105. DESIGNATION OF MARKET AREA. (a) For
1215	1222		purposes of Section 478.0102(a)(1), the office shall designate as a
1216	1223		market area for an event each area in which the office determines
1217	1224		there is a reasonable likelihood of measurable economic impact
1218	1225		directly attributable to the preparation for and presentation of
1219	1226		the event. The office shall include areas likely to provide venues,
1220	1227		accommodations, and services in connection with the event based on
1221	1228		the proposal the local organizing committee provides to the office.
1222	1229		(b) The office shall determine the geographic boundaries of
1223	1230		each market area.
1224	1231		(c) An endorsing municipality or endorsing county selected
1225	1232		as the site for an event must be included in a market area for the
1226	1233		event. (V.A.C.S. Art. 5190.14, Sec. 5A(c).)
1227	1234		Sec. 478.0106. ESTIMATE OF TAX REVENUE CREDITED TO FUND.
1228	1235		(a) Not later than the 30th day after the date a local organizing
1229	1236		committee, endorsing municipality, or endorsing county submits a
1230	1237		request for a determination of the incremental increase in tax
1231	1238		receipts under Section 478.0102, the office shall provide an
1232	1239		estimate of the total amount of tax revenue that would be deposited
1233	1240		to the fund under this chapter in connection with that event if the
1234	1241		event were held in this state at a site selected in accordance with
1235	1242		an application by a local organizing committee, endorsing
1236	1243		municipality, or endorsing county.
1237	1244		(b) A local organizing committee, endorsing municipality,
1238	1245		or endorsing county may submit the office's estimate to a site
1239	1246		selection organization. (V.A.C.S. Art. 5190.14, Sec. 5A(j).)
1240	1247		Sec. 478.0107. ECONOMIC IMPACT STUDY. (a) Not later than
1241	1248		the 10th month after the last day of an event eligible for
1242	1249		disbursements from the fund, using existing resources, the office
1243	1250		shall complete a study in the market area of the event on the
1244	1251		measurable economic impact directly attributable to the
1245	1252		preparation for and presentation of the event.
1246	1253		(b) The office shall post on the office's Internet website:
1247	1254		(1) the results of the study conducted under
1248	1255		Subsection (a), including any source documentation or other
1249	1256		information on which the office relied for the study;
1250	1257		(2) the incremental increase in tax receipts for the
1251	1258		event determined under Section 478.0102 and any source
1252	1259		documentation or information described by Section 478.0251 on which
1253	1260		the office relied to determine that increase;
1254	1261		(3) the documentation described by Section
1255	1262		478.0101(3); and
1256	1263		(4) documentation verifying that:
1257	1264		(A) a request submitted under Section 478.0101 is
1258	1265		complete and certified as complete by the office;
1259	1266		(B) the office considered the information
1260	1267		submitted by a local organizing committee, endorsing municipality,
1261	1268		or endorsing county to determine the incremental increase in tax
1262	1269		receipts under Section 478.0102 as required by Section 478.0102(b);
1263	1270		and
1264	1271		(C) each deadline established under this chapter
1265	1272		was met. (V.A.C.S. Art. 5190.14, Sec. 5A(w).)
1266	1273		Sec. 478.0108. DISTRIBUTION AND PUBLICATION OF PLAN TO
1267	1274		PREVENT TRAFFICKING OF PERSONS IN CONNECTION WITH EVENT. The
1268	1275		office of the attorney general may:
1269	1276		(1) distribute the plan required by Section
1270	1277		478.0051(b)(5) to appropriate law enforcement agencies and the
1271	1278		office of the governor; and
1272	1279		(2) publish the plan on the Internet website of the
1273	1280		office of the attorney general. (V.A.C.S. Art. 5190.14, Sec.
1274	1281		5A(a-4).)
1275	1282		SUBCHAPTER D. FUND ESTABLISHMENT AND CONTRIBUTIONS
1276	1283		Sec. 478.0151. MAJOR EVENTS REIMBURSEMENT PROGRAM FUND.
1277	1284		The major events reimbursement program fund is established outside
1278	1285		the state treasury and is held in trust by the comptroller for
1279	1286		administration of this subtitle. (V.A.C.S. Art. 5190.14, Sec. 5A(d)
1280	1287		(part).)
1281	1288		Sec. 478.0152. DEPOSIT OF MUNICIPAL AND COUNTY TAX REVENUE.
1282	1289		(a) Each endorsing municipality or endorsing county participating
1283	1290		in the program shall remit to the comptroller and the comptroller
1284	1291		shall deposit into a trust fund created by the comptroller, at the
1285	1292		direction of the office, and designated as the major events
1286	1293		reimbursement program fund the amount of the municipality's or
1287	1294		county's hotel occupancy tax revenue determined under Section
1288	1295		478.0102(a)(4) or (5), less any amount of the revenue that the
1289	1296		municipality or county determines is necessary to meet the
1290	1297		obligations of the municipality or county.
1291	1298		(b) The comptroller, at the direction of the office, shall
1292	1299		retain the amount of sales and use tax revenue and mixed beverage
1293	1300		tax revenue determined under Section 478.0102(a)(2) or (3) from the
1294	1301		amounts otherwise required to be sent to the municipality under
1295	1302		Sections 321.502 and 183.051(b), Tax Code, or to the county under
1296	1303		Sections 323.502 and 183.051(b), Tax Code, less any amount of the
1297	1304		revenue that the municipality or county determines is necessary to
1298	1305		meet the obligations of the municipality or county, and shall
1299	1306		deposit the retained tax revenue to the fund.
1300	1307		(c) The comptroller shall begin retaining and depositing
1301	1308		the municipal and county tax revenue:
1302	1309		(1) with the first distribution of that tax revenue
1303	1310		that occurs after the first day of the one-year period described by
1304	1311		Section 478.0102(a); or
1305	1312		(2) at a time the office otherwise determines to be
1306	1313		practicable.
1307	1314		(d) The comptroller shall discontinue retaining the
1308	1315		municipal and county tax revenue when the amount of the applicable
1309	1316		tax revenue determined under Section 478.0102(a)(2) or (3) has been
1310	1317		retained. (V.A.C.S. Art. 5190.14, Sec. 5A(d) (part).)
1311	1318		Sec. 478.0153. OTHER LOCAL MONEY. (a) In lieu of the
1312	1319		municipal and county tax revenues remitted or retained under
1313	1320		Section 478.0152, an endorsing municipality or endorsing county may
1314	1321		remit to the office for deposit to the fund other local money in an
1315	1322		amount equal to the total amount of municipal and county tax revenue
1316	1323		determined under Sections 478.0102(a)(2)-(5).
1317	1324		(b) An endorsing municipality or endorsing county must
1318	1325		remit the other local money not later than the 90th day after the
1319	1326		last day of an event eligible for funding under the program.
1320	1327		(c) For purposes of Section 478.0155, the amount deposited
1321	1328		under this section is considered remitted local revenue. (V.A.C.S.
1322	1329		Art. 5190.14, Sec. 5A(d-1).)
1323	1330		Sec. 478.0154. SURCHARGES AND USER FEES. An endorsing
1324	1331		municipality or endorsing county may collect and remit to the
1325	1332		office surcharges and user fees attributable to an event for
1326	1333		deposit to the fund. (V.A.C.S. Art. 5190.14, Sec. 5A(e) (part).)
1327	1334		Sec. 478.0155. STATE TAX REVENUE. (a) The comptroller, at
1328	1335		the direction of the office, shall transfer to the fund a portion of
1329	1336		the state tax revenue in an amount equal to the prevailing state
1330	1337		sales tax rate multiplied by the amount of the local revenue
1331	1338		retained or remitted under this chapter, including:
1332	1339		(1) local sales and use tax revenue;
1333	1340		(2) mixed beverage tax revenue;
1334	1341		(3) hotel occupancy tax revenue; and
1335	1342		(4) surcharge and user fee revenue.
1336	1343		(b) The amount transferred under Subsection (a) may not
1337	1344		exceed the incremental increase in tax receipts determined under
1338	1345		Section 478.0102(a)(1). (V.A.C.S. Art. 5190.14, Sec. 5A(f).)
1339	1346		SUBCHAPTER E. DISBURSEMENTS FROM FUND
1340	1347		Sec. 478.0201. DISBURSEMENT WITHOUT APPROPRIATION. Money
1341	1348		in the fund may be disbursed by the office without appropriation
1342	1349		only as provided by this chapter. (V.A.C.S. Art. 5190.14, Sec.
1343	1350		5A(d) (part).)
1344	1351		Sec. 478.0202. DISBURSEMENT FROM FUND. (a) After approval
1345	1352		of each contributing endorsing municipality and endorsing county,
1346	1353		the office may make a disbursement from the fund for a purpose for
1347	1354		which a local organizing committee, an endorsing municipality, an
1348	1355		endorsing county, or this state is obligated under a games support
1349	1356		contract or event support contract.
1350	1357		(b) In considering whether to make a disbursement from the
1351	1358		fund, the office may not consider a contingency clause in an event
1352	1359		support contract as relieving a local organizing committee's,
1353	1360		endorsing municipality's, or endorsing county's obligation to pay a
1354	1361		cost under the contract.
1355	1362		(c) If the office makes a disbursement from the fund, the
1356	1363		office shall satisfy the obligation proportionately from the local
1357	1364		and state revenue in the fund. (V.A.C.S. Art. 5190.14, Secs. 5A(k)
1358	1365		(part), (l).)
1359	1366		Sec. 478.0203. REDUCTION OF DISBURSEMENT AMOUNT. (a)
1360	1367		After the conclusion of an event, the office shall compare
1361	1368		information on the actual attendance figures provided under Section
1362	1369		478.0251 with the estimated attendance numbers used to determine
1363	1370		the incremental increase in tax receipts under Section 478.0102.
1364	1371		If the actual attendance figures are significantly lower than the
1365	1372		estimated attendance numbers, the office may reduce the amount of a
1366	1373		disbursement from the fund for an endorsing entity:
1367	1374		(1) in proportion to the discrepancy between the
1368	1375		actual and estimated attendance; and
1369	1376		(2) in proportion to the amount the entity contributed
1370	1377		to the fund.
1371	1378		(b) The office by rule shall:
1372	1379		(1) define "significantly lower" for purposes of this
1373	1380		section; and
1374	1381		(2) provide the manner in which the office may
1375	1382		proportionately reduce a disbursement.
1376	1383		(c) This section does not affect the remittance under
1377	1384		Section 478.0207 of any money remaining in the fund. (V.A.C.S. Art.
1378	1385		5190.14, Sec. 5A(y).)
1379	1386		Sec. 478.0204. ALLOWABLE EXPENSES. (a) Money in the fund
1380	1387		may be used to:
1381	1388		(1) pay the principal of and interest on notes issued
1382	1389		under Section 478.0252; and
1383	1390		(2) fulfill obligations of an endorsing municipality,
1384	1391		an endorsing county, or this state to a site selection organization
1385	1392		under a games support contract or event support contract.
1386	1393		(b) Subject to Sections 478.0202 and 478.0205, the
1387	1394		obligations described by Subsection (a)(2) may include the payment
1388	1395		of:
1389	1396		(1) the costs relating to the preparations necessary
1390	1397		or desirable for conducting the event; and
1391	1398		(2) the costs of conducting the event, including the
1392	1399		costs of an improvement or renovation to an existing facility and
1393	1400		the costs of the acquisition or construction of a new facility or
1394	1401		other facility. (V.A.C.S. Art. 5190.14, Sec. 5A(h).)
1395	1402		Sec. 478.0205. LIMITATION ON CERTAIN DISBURSEMENTS. (a) A
1396	1403		disbursement from the fund is limited to five percent of the cost of
1397	1404		a structural improvement or a fixture if:
1398	1405		(1) an obligation is incurred under a games support
1399	1406		contract or event support contract to make the improvement or add
1400	1407		the fixture to a site for an event; and
1401	1408		(2) the improvement or fixture is expected to derive
1402	1409		most of its value in subsequent uses of the site for future events.
1403	1410		(b) The remainder of an obligation described by Subsection
1404	1411		(a) is not eligible for a disbursement from the fund, unless the
1405	1412		obligation is for an improvement or fixture for a publicly owned
1406	1413		facility. (V.A.C.S. Art. 5190.14, Sec. 5A(k) (part).)
1407	1414		Sec. 478.0206. PROHIBITED DISBURSEMENT. The office may not
1408	1415		make a disbursement from the fund that the office determines would
1409	1416		be used to solicit the relocation of a professional sports
1410	1417		franchise located in this state. (V.A.C.S. Art. 5190.14, Sec.
1411	1418		5A(k) (part).)
1412	1419		Sec. 478.0207. REMITTANCE OF REMAINING FUND MONEY. On
1413	1420		payment of all municipal, county, or state obligations under a
1414	1421		games support contract or event support contract related to the
1415	1422		location of an event in this state, the office shall remit to each
1416	1423		endorsing entity, in proportion to the amount contributed by the
1417	1424		entity, any money remaining in the fund. (V.A.C.S. Art. 5190.14,
1418	1425		Sec. 5A(m).)
1419	1426		SUBCHAPTER F. LOCAL POWERS AND DUTIES RELATING TO EVENTS
1420	1427		Sec. 478.0251. REQUIRED INFORMATION. (a) A local
1421	1428		organizing committee, endorsing municipality, or endorsing county
1422	1429		shall provide information required by the office to fulfill the
1423	1430		office's duties under this chapter, including:
1424	1431		(1) annual audited statements of any financial records
1425	1432		required by a site selection organization; and
1426	1433		(2) data obtained by the local organizing committee,
1427	1434		an endorsing municipality, or an endorsing county relating to:
1428	1435		(A) attendance at the event, including an
1429	1436		estimate of the number of people expected to attend the event who
1430	1437		are not residents of this state; and
1431	1438		(B) the economic impact of the event.
1432	1439		(b) A local organizing committee, endorsing municipality,
1433	1440		or endorsing county must provide an annual audited financial
1434	1441		statement required by the office not later than the end of the
1435	1442		fourth month after the last day of the period covered by the
1436	1443		financial statement.
1437	1444		(c) After the conclusion of an event and on the office's
1438	1445		request, a local organizing committee, endorsing municipality, or
1439	1446		endorsing county must provide information about the event, such as
1440	1447		attendance figures, including an estimate of the number of people
1441	1448		who attended the event who are not residents of this state,
1442	1449		financial information, or other public information held by the
1443	1450		committee, municipality, or county that the office considers
1444	1451		necessary. (V.A.C.S. Art. 5190.14, Sec. 5A(i).)
1445	1452		Sec. 478.0252. ISSUANCE OF NOTES. (a) To meet its
1446	1453		obligations under a games support contract or event support
1447	1454		contract to improve, construct, renovate, or acquire facilities or
1448	1455		to acquire equipment, an endorsing municipality by ordinance or an
1449	1456		endorsing county by order may authorize the issuance of notes.
1450	1457		(b) An endorsing municipality or endorsing county may
1451	1458		provide that the notes be paid from and secured by:
1452	1459		(1) amounts on deposit or amounts to be deposited to
1453	1460		the fund; or
1454	1461		(2) surcharges from user fees charged in connection
1455	1462		with the event, including parking or ticket fees.
1456	1463		(c) A note issued must mature not later than the seventh
1457	1464		anniversary of the date of issuance. (V.A.C.S. Art. 5190.14, Sec.
1458	1465		5A(g).)
1459	1466		Sec. 478.0253. PLEDGE OF SURCHARGES TO GUARANTEE
1460	1467		OBLIGATIONS. An endorsing municipality or endorsing county may
1461	1468		guarantee its obligations under an event support contract and this
1462	1469		chapter by pledging, in addition to the tax revenue deposited under
1463	1470		Section 478.0152, surcharges from user fees charged in connection
1464	1471		with the event, including parking or ticket fees. (V.A.C.S. Art. 5190.14, Sec. 5A(e) (part).)
1465	1472		CHAPTER 479. MOTOR SPORTS RACING TRUST FUND
1466	1473		SUBCHAPTER A. GENERAL PROVISIONS
1467	1474		Sec. 479.0001. DEFINITIONS
1468	1475		Sec. 479.0002. CONSTRUCTION OF CHAPTER
1469	1476		Sec. 479.0003. APPLICABILITY OF PROVISIONS RELATING TO
1470	1477		GAMES
1471	1478		SUBCHAPTER B. STATE ACTIONS RELATING TO MOTOR SPORTS RACING EVENTS
1472	1479		Sec. 479.0051. PREREQUISITES FOR OFFICE ACTION
1473	1480		Sec. 479.0052. DETERMINATION OF INCREMENTAL INCREASE
1474	1481		IN CERTAIN TAX RECEIPTS
1475	1482		Sec. 479.0053. TIME FOR DETERMINATION
1476	1483		Sec. 479.0054. DESIGNATION OF MARKET AREA
1477	1484		Sec. 479.0055. ESTIMATE OF TAX REVENUE CREDITED TO
1478	1485		TRUST FUND
1479	1486		SUBCHAPTER C. TRUST FUND ESTABLISHMENT AND CONTRIBUTIONS
1480	1487		Sec. 479.0101. MOTOR SPORTS RACING TRUST FUND
1481	1488		Sec. 479.0102. DEPOSIT OF MUNICIPAL AND COUNTY TAX
1482	1489		REVENUE
1483	1490		Sec. 479.0103. STATE TAX REVENUE
1484	1491		SUBCHAPTER D. DISBURSEMENTS FROM TRUST FUND
1485	1492		Sec. 479.0151. DISBURSEMENT WITHOUT APPROPRIATION
1486	1493		Sec. 479.0152. DISBURSEMENT FROM TRUST FUND
1487	1494		Sec. 479.0153. ALLOWABLE EXPENSES
1488	1495		Sec. 479.0154. PROHIBITED DISBURSEMENT
1489	1496		Sec. 479.0155. REMITTANCE OF REMAINING TRUST FUND
1490	1497		MONEY
1491	1498		SUBCHAPTER E. LOCAL POWERS AND DUTIES RELATING TO MOTOR SPORTS
1492	1499		RACING EVENTS
1493	1500		Sec. 479.0201. REQUIRED INFORMATION
1494	1501		Sec. 479.0202. ISSUANCE OF NOTES
1495	1502		Sec. 479.0203. PLEDGE OF SURCHARGES TO GUARANTEE
1496	1503		OBLIGATIONS
1497	1504		CHAPTER 479. MOTOR SPORTS RACING TRUST FUND
1498	1505		SUBCHAPTER A. GENERAL PROVISIONS
1499	1506		Sec. 479.0001. DEFINITIONS. In this chapter:
1500	1507		(1) "Endorsing county" means a county that contains a
1501	1508		site selected by a site selection organization for a motor sports
1502	1509		racing event.
1503	1510		(2) "Endorsing municipality" means a municipality
1504	1511		that contains a site selected by a site selection organization for a
1505	1512		motor sports racing event.
1506	1513		(3) "Event support contract" means a joinder
1507	1514		undertaking, joinder agreement, or similar contract executed by a
1508	1515		site selection organization and an endorsing municipality or
1509	1516		endorsing county.
1510	1517		(4) "Motor sports racing event" means a specific
1511	1518		automobile racing event sanctioned by the Automobile Competition
1512	1519		Committee for the United States (ACCUS) and held at a temporary
1513	1520		event venue. The term includes an event or activity held,
1514	1521		sponsored, or endorsed by the site selection organization in
1515	1522		conjunction with the racing event.
1516	1523		(5) "Trust fund" means the motor sports racing trust
1517	1524		fund established by this chapter. (V.A.C.S. Art. 5190.14, Sec.
1518	1525		5B(a); New.)
1519	1526		Sec. 479.0002. CONSTRUCTION OF CHAPTER. This chapter may
1520	1527		not be construed as creating or requiring a state guarantee of an
1521	1528		obligation imposed on an endorsing municipality, an endorsing
1522	1529		county, or this state under a motor sports racing event support
1523	1530		contract or another agreement relating to hosting a motor sports
1524	1531		racing event in this state. (V.A.C.S. Art. 5190.14, Sec. 5B(n).)
1525	1532		Sec. 479.0003. APPLICABILITY OF PROVISIONS RELATING TO
1526	1533		GAMES. Any provision of this subtitle applicable to games as
1527	1534		defined by Section 475.0001 also applies to a motor sports racing
1528	1535		event. (V.A.C.S. Art. 5190.14, Sec. 5B(p).)
1529	1536		SUBCHAPTER B. STATE ACTIONS RELATING TO MOTOR SPORTS RACING EVENTS
1530	1537		Sec. 479.0051. PREREQUISITES FOR OFFICE ACTION. The office
1531	1538		may not undertake any duty imposed by this chapter unless:
1532	1539		(1) the municipality and county in which a motor
1533	1540		sports racing event will be held submit a request; and
1534	1541		(2) the request is accompanied by documentation from a
1535	1542		site selection organization selecting the site for the racing
1536	1543		event. (V.A.C.S. Art. 5190.14, Sec. 5B(o).)
1537	1544		Sec. 479.0052. DETERMINATION OF INCREMENTAL INCREASE IN
1538	1545		CERTAIN TAX RECEIPTS. (a) After a site selection organization
1539	1546		selects a site for a motor sports racing event in this state in
1540	1547		accordance with an application by a local organizing committee,
1541	1548		endorsing municipality, or endorsing county, the office shall
1542	1549		determine the incremental increases in the following tax receipts
1543	1550		that the office determines are directly attributable to the
1544	1551		preparation for and presentation of the racing event for the 30-day
1545	1552		period that ends at the end of the day after the date on which the
1546	1553		racing event will be held:
1547	1554		(1) the receipts to this state from taxes imposed
1548	1555		under Chapters 151, 152, 156, and 183, Tax Code, and under Title 5,
1549	1556		Alcoholic Beverage Code, in the market areas designated under
1550	1557		Section 479.0054;
1551	1558		(2) the receipts collected by this state for each
1552	1559		endorsing municipality in the market area from the sales and use tax
1553	1560		imposed by each endorsing municipality under Section 321.101(a),
1554	1561		Tax Code, and the mixed beverage tax revenue to be received by each
1555	1562		endorsing municipality under Section 183.051(b), Tax Code;
1556	1563		(3) the receipts collected by this state for each
1557	1564		endorsing county in the market area from the sales and use tax
1558	1565		imposed by each endorsing county under Section 323.101(a), Tax
1559	1566		Code, and the mixed beverage tax revenue to be received by each
1560	1567		endorsing county under Section 183.051(b), Tax Code;
1561	1568		(4) the receipts collected by each endorsing
1562	1569		municipality in the market area from the hotel occupancy tax
1563	1570		imposed under Chapter 351, Tax Code; and
1564	1571		(5) the receipts collected by each endorsing county in
1565	1572		the market area from the hotel occupancy tax imposed under Chapter
1566	1573		352, Tax Code.
1567	1574		(b) The office shall make the determination required by
1568	1575		Subsection (a) in accordance with procedures the office develops.
1569	1576		(V.A.C.S. Art. 5190.14, Sec. 5B(b) (part).)
1570	1577		Sec. 479.0053. TIME FOR DETERMINATION. The office shall
1571	1578		determine the incremental increase in tax receipts under Section
1572	1579		479.0052 not later than three months before the date of the motor
1573	1580		sports racing event. (V.A.C.S. Art. 5190.14, Sec. 5B(b) (part).)
1574	1581		Sec. 479.0054. DESIGNATION OF MARKET AREA. (a) For
1575	1582		purposes of Section 479.0052(a)(1), the office shall designate as a
1576	1583		market area for a motor sports racing event each area in which the
1577	1584		office determines there is a reasonable likelihood of measurable
1578	1585		economic impact directly attributable to the preparation for and
1579	1586		presentation of the racing event. The office shall include areas
1580	1587		likely to provide venues, accommodations, and services in
1581	1588		connection with the racing event based on a proposal or other
1582	1589		information a local organizing committee, endorsing municipality,
1583	1590		or endorsing county provides to the office.
1584	1591		(b) The office shall determine the geographic boundaries of
1585	1592		each market area.
1586	1593		(c) An endorsing municipality or endorsing county selected
1587	1594		as the site for the motor sports racing event must be included in a
1588	1595		market area for the racing event. (V.A.C.S. Art. 5190.14, Sec.
1589	1596		5B(c).)
1590	1597		Sec. 479.0055. ESTIMATE OF TAX REVENUE CREDITED TO TRUST
1591	1598		FUND. (a) Not later than three months before the date of a motor
1592	1599		sports racing event, the office shall provide an estimate of the
1593	1600		total amount of tax revenue that would be transferred or deposited
1594	1601		to the trust fund under this chapter in connection with that racing
1595	1602		event if the racing event were held in this state at a site selected
1596	1603		in accordance with an application by a local organizing committee,
1597	1604		endorsing municipality, or endorsing county.
1598	1605		(b) The office shall provide the estimate on request to a
1599	1606		local organizing committee, endorsing municipality, or endorsing
1600	1607		county.
1601	1608		(c) A local organizing committee, endorsing municipality,
1602	1609		or endorsing county may submit the office's estimate to a site
1603	1610		selection organization. (V.A.C.S. Art. 5190.14, Sec. 5B(j).)
1604	1611		SUBCHAPTER C. TRUST FUND ESTABLISHMENT AND CONTRIBUTIONS
1605	1612		Sec. 479.0101. MOTOR SPORTS RACING TRUST FUND. The motor
1606	1613		sports racing trust fund is established outside the state treasury
1607	1614		and is held in trust by the comptroller for administration of this
1608	1615		chapter. (V.A.C.S. Art. 5190.14, Sec. 5B(d) (part).)
1609	1616		Sec. 479.0102. DEPOSIT OF MUNICIPAL AND COUNTY TAX REVENUE.
1610	1617		(a) Each endorsing municipality or endorsing county shall remit to
1611	1618		the comptroller and the comptroller shall deposit into a trust fund
1612	1619		created by the comptroller, at the direction of the office, and
1613	1620		designated as the motor sports racing trust fund for the motor
1614	1621		sports racing event the amount of the municipality's or county's
1615	1622		hotel occupancy tax revenue determined under Section
1616	1623		479.0052(a)(4) or (5), less any amount of the revenue that the
1617	1624		municipality or county determines is necessary to meet the
1618	1625		obligations of the municipality or county.
1619	1626		(b) The comptroller, at the direction of the office, shall
1620	1627		retain the amount of sales and use tax revenue and mixed beverage
1621	1628		tax revenue determined under Section 479.0052(a)(2) or (3) from the
1622	1629		amounts otherwise required to be sent to the municipality under
1623	1630		Sections 321.502 and 183.051(b), Tax Code, or to the county under
1624	1631		Sections 323.502 and 183.051(b), Tax Code, less any amount of the
1625	1632		revenue that the municipality or county determines is necessary to
1626	1633		meet the obligations of the municipality or county, and shall
1627	1634		deposit the retained tax revenue to the trust fund.
1628	1635		(c) The comptroller shall begin retaining and depositing
1629	1636		the municipal and county tax revenue with the first distribution of
1630	1637		that tax revenue that occurs after the first day of the period
1631	1638		described by Section 479.0052(a).
1632	1639		(d) The comptroller shall discontinue retaining the
1633	1640		municipal and county tax revenue when the amount of the applicable
1634	1641		tax revenue determined under Section 479.0052(a)(2) or (3) has been
1635	1642		retained. (V.A.C.S. Art. 5190.14, Sec. 5B(d) (part).)
1636	1643		Sec. 479.0103. STATE TAX REVENUE. The comptroller, at the
1637	1644		direction of the office, shall transfer to the trust fund a portion
1638	1645		of the state tax revenue determined under Section 479.0052(a)(1) in
1639	1646		an amount equal to 6.25 multiplied by the amount of the municipal
1640	1647		and county sales and use tax revenue and mixed beverage tax revenue
1641	1648		retained and the hotel occupancy tax revenue remitted by an
1642	1649		endorsing municipality or endorsing county under Section 479.0102.
1643	1650		(V.A.C.S. Art. 5190.14, Sec. 5B(f).)
1644	1651		SUBCHAPTER D. DISBURSEMENTS FROM TRUST FUND
1645	1652		Sec. 479.0151. DISBURSEMENT WITHOUT APPROPRIATION. Money
1646	1653		in the trust fund may be disbursed by the office without
1647	1654		appropriation only as provided by this chapter. (V.A.C.S. Art.
1648	1655		5190.14, Sec. 5B(d) (part).)
1649	1656		Sec. 479.0152. DISBURSEMENT FROM TRUST FUND. (a) After
1650	1657		approval of each contributing endorsing municipality and endorsing
1651	1658		county, the office may make a disbursement from the trust fund for a
1652	1659		purpose for which an endorsing municipality, an endorsing county,
1653	1660		or this state is obligated under a motor sports racing event support
1654	1661		contract or event support contract.
1655	1662		(b) If the office makes a disbursement from the trust fund,
1656	1663		the office shall satisfy the obligation proportionately from the
1657	1664		municipal, county, and state revenue in the trust fund. (V.A.C.S.
1658	1665		Art. 5190.14, Secs. 5B(k) (part), (l).)
1659	1666		Sec. 479.0153. ALLOWABLE EXPENSES. (a) Money in the trust
1660	1667		fund may be used to:
1661	1668		(1) pay the principal of and interest on notes issued
1662	1669		under Section 479.0202; and
1663	1670		(2) fulfill obligations of an endorsing municipality,
1664	1671		an endorsing county, or this state to a site selection organization
1665	1672		under a motor sports racing event support contract or event support
1666	1673		contract.
1667	1674		(b) The obligations described by Subsection (a)(2) may
1668	1675		include the payment of:
1669	1676		(1) the costs relating to the preparations necessary
1670	1677		or desirable for conducting the motor sports racing event; and
1671	1678		(2) the costs of conducting the racing event,
1672	1679		including costs of a temporary improvement or temporary renovation
1673	1680		to an existing facility specific to the racing event. (V.A.C.S.
1674	1681		Art. 5190.14, Sec. 5B(h).)
1675	1682		Sec. 479.0154. PROHIBITED DISBURSEMENT. The office may not
1676	1683		make a disbursement from the trust fund that the office determines
1677	1684		would be used to solicit the relocation of a professional sports
1678	1685		franchise located in this state. (V.A.C.S. Art. 5190.14, Sec.
1679	1686		5B(k) (part).)
1680	1687		Sec. 479.0155. REMITTANCE OF REMAINING TRUST FUND MONEY.
1681	1688		On payment of all municipal, county, or state obligations under a
1682	1689		motor sports racing event support contract or event support
1683	1690		contract related to the location of a motor sports racing event in
1684	1691		this state, the office shall remit to each endorsing entity, in
1685	1692		proportion to the amount contributed by the entity, any money
1686	1693		remaining in the trust fund. (V.A.C.S. Art. 5190.14, Sec. 5B(m).)
1687	1694		SUBCHAPTER E. LOCAL POWERS AND DUTIES RELATING TO MOTOR SPORTS
1688	1695		RACING EVENTS
1689	1696		Sec. 479.0201. REQUIRED INFORMATION. (a) A local
1690	1697		organizing committee, endorsing municipality, or endorsing county
1691	1698		shall provide information required by the office to fulfill the
1692	1699		office's duties under this chapter, including:
1693	1700		(1) annual audited statements of any financial records
1694	1701		required by a site selection organization; and
1695	1702		(2) data obtained by the local organizing committee,
1696	1703		an endorsing municipality, or an endorsing county relating to:
1697	1704		(A) attendance at the motor sports racing event;
1698	1705		and
1699	1706		(B) the economic impact of the racing event.
1700	1707		(b) A local organizing committee, endorsing municipality,
1701	1708		or endorsing county must provide any annual audited financial
1702	1709		statement required by the office not later than the end of the
1703	1710		fourth month after the last day of the period covered by the
1704	1711		financial statement. (V.A.C.S. Art. 5190.14, Sec. 5B(i).)
1705	1712		Sec. 479.0202. ISSUANCE OF NOTES. (a) To meet its
1706	1713		obligations under a motor sports racing event support contract or
1707	1714		event support contract to improve, renovate, or acquire facilities
1708	1715		or to acquire equipment, an endorsing municipality by ordinance or
1709	1716		an endorsing county by order may authorize the issuance of notes.
1710	1717		(b) An endorsing municipality or endorsing county may
1711	1718		provide that the notes be paid from and secured by:
1712	1719		(1) amounts on deposit or amounts to be transferred or
1713	1720		deposited to the trust fund; or
1714	1721		(2) surcharges from user fees charged in connection
1715	1722		with the motor sports racing event, including parking or ticket
1716	1723		fees.
1717	1724		(c) A note issued must mature not later than the seventh
1718	1725		anniversary of the date of issuance. (V.A.C.S. Art. 5190.14, Sec.
1719	1726		5B(g).)
1720	1727		Sec. 479.0203. PLEDGE OF SURCHARGES TO GUARANTEE
1721	1728		OBLIGATIONS. An endorsing municipality or endorsing county may
1722	1729		guarantee its obligations under a motor sports racing event support
1723	1730		contract and this chapter by pledging, in addition to the tax
1724	1731		revenue deposited under Section 479.0102, surcharges from user fees
1725	1732		charged in connection with the motor sports racing event, including parking or ticket fees. (V.A.C.S. Art. 5190.14, Sec. 5B(e).)
1726	1733		CHAPTER 480. EVENTS TRUST FUND
1727	1734		SUBCHAPTER A. GENERAL PROVISIONS
1728	1735		Sec. 480.0001. DEFINITIONS
1729	1736		Sec. 480.0002. RULES
1730	1737		Sec. 480.0003. CONSTRUCTION OF CHAPTER
1731	1738		SUBCHAPTER B. ELIGIBILITY
1732	1739		Sec. 480.0051. EVENTS ELIGIBLE FOR FUNDING
1733	1740		Sec. 480.0052. LIMITATIONS ON CERTAIN FUNDING REQUESTS
1734	1741		SUBCHAPTER C. STATE ACTIONS RELATING TO EVENTS
1735	1742		Sec. 480.0101. PREREQUISITES FOR OFFICE ACTION
1736	1743		Sec. 480.0102. DETERMINATION OF INCREMENTAL INCREASE
1737	1744		IN CERTAIN TAX RECEIPTS
1738	1745		Sec. 480.0103. TIME FOR DETERMINATION
1739	1746		Sec. 480.0104. DESIGNATION OF MARKET AREA
1740	1747		Sec. 480.0105. ESTIMATE OF TAX REVENUE CREDITED TO
1741	1748		FUND
1742	1749		Sec. 480.0106. MODEL EVENT SUPPORT CONTRACT
1743	1750		SUBCHAPTER D. FUND ESTABLISHMENT AND CONTRIBUTIONS
1744	1751		Sec. 480.0151. EVENTS TRUST FUND
1745	1752		Sec. 480.0152. DEPOSIT OF MUNICIPAL AND COUNTY TAX
1746	1753		REVENUE
1747	1754		Sec. 480.0153. OTHER LOCAL MONEY
1748	1755		Sec. 480.0154. SURCHARGES AND USER FEES
1749	1756		Sec. 480.0155. STATE TAX REVENUE
1750	1757		SUBCHAPTER E. DISBURSEMENTS FROM FUND
1751	1758		Sec. 480.0201. DISBURSEMENT WITHOUT APPROPRIATION
1752	1759		Sec. 480.0202. DISBURSEMENT FROM FUND
1753	1760		Sec. 480.0203. REDUCTION OF DISBURSEMENT AMOUNT
1754	1761		Sec. 480.0204. ALLOWABLE EXPENSES
1755	1762		Sec. 480.0205. LIMITATION ON CERTAIN DISBURSEMENTS
1756	1763		Sec. 480.0206. PROHIBITED DISBURSEMENTS
1757	1764		Sec. 480.0207. REMITTANCE OF REMAINING FUND MONEY
1758	1765		SUBCHAPTER F. LOCAL POWERS AND DUTIES RELATING TO EVENTS
1759	1766		Sec. 480.0251. REQUIRED INFORMATION
1760	1767		Sec. 480.0252. ISSUANCE OF NOTES
1761	1768		Sec. 480.0253. PLEDGE OF SURCHARGES TO GUARANTEE
1762	1769		OBLIGATIONS
1763	1770		CHAPTER 480. EVENTS TRUST FUND
1764	1771		SUBCHAPTER A. GENERAL PROVISIONS
1765	1772		Sec. 480.0001. DEFINITIONS. In this chapter:
1766	1773		(1) "Endorsing county" means a county that contains a
1767	1774		site selected by a site selection organization for an event.
1768	1775		(2) "Endorsing municipality" means a municipality
1769	1776		that contains a site selected by a site selection organization for
1770	1777		an event.
1771	1778		(3) "Event" means an event or related series of events
1772	1779		to be held in this state for which a local organizing committee,
1773	1780		endorsing municipality, or endorsing county seeks approval from a
1774	1781		site selection organization to hold the event at a site in this
1775	1782		state. The term includes any activity related to or associated with
1776	1783		the event.
1777	1784		(4) "Event support contract" means a joinder
1778	1785		undertaking, a joinder agreement, or a similar contract executed by
1779	1786		a site selection organization and a local organizing committee, an
1780	1787		endorsing municipality, or an endorsing county.
1781	1788		(5) "Site selection organization" means an entity that
1782	1789		conducts or considers conducting in this state an event eligible
1783	1790		under Section 480.0051. (V.A.C.S. Art. 5190.14, Sec. 5C(a).)
1784	1791		Sec. 480.0002. RULES. The office may adopt rules necessary
1785	1792		to implement this chapter. (V.A.C.S. Art. 5190.14, Sec. 5C(p).)
1786	1793		Sec. 480.0003. CONSTRUCTION OF CHAPTER. This chapter may
1787	1794		not be construed as creating or requiring a state guarantee of an
1788	1795		obligation imposed on an endorsing municipality, an endorsing
1789	1796		county, or this state under an event support contract or another
1790	1797		agreement relating to hosting an event in this state. (V.A.C.S.
1791	1798		Art. 5190.14, Sec. 5C(n).)
1792	1799		SUBCHAPTER B. ELIGIBILITY
1793	1800		Sec. 480.0051. EVENTS ELIGIBLE FOR FUNDING. An event is
1794	1801		eligible for funding under this chapter only if:
1795	1802		(1) a site selection organization, after considering
1796	1803		through a highly competitive selection process one or more sites
1797	1804		not in this state, selects a site in this state for the event to be
1798	1805		held:
1799	1806		(A) one time; or
1800	1807		(B) if the event is scheduled under an event
1801	1808		contract or event support contract to be held each year for a period
1802	1809		of years, one time in each year;
1803	1810		(2) a site selection organization selects a site in
1804	1811		this state as:
1805	1812		(A) the sole site for the event; or
1806	1813		(B) the sole site for the event in a region
1807	1814		composed of this state and one or more adjoining states; and
1808	1815		(3) the event is held not more than one time in any
1809	1816		year in this state or an adjoining state. (V.A.C.S. Art. 5190.14,
1810	1817		Sec. 5C(a-1).)
1811	1818		Sec. 480.0052. LIMITATIONS ON CERTAIN FUNDING REQUESTS.
1812	1819		(a) This section applies only to an event for which the office
1813	1820		determines under Section 480.0102 that the total incremental
1814	1821		increase in tax receipts is less than $200,000.
1815	1822		(b) Subject to Subsection (c), an endorsing municipality or
1816	1823		endorsing county may during any 12-month period submit requests for
1817	1824		funding under this chapter for not more than 10 events to which this
1818	1825		section applies.
1819	1826		(c) Not more than three of the events described by
1820	1827		Subsection (b) may be nonsporting events. (V.A.C.S. Art. 5190.14,
1821	1828		Sec. 5C(b-1).)
1822	1829		SUBCHAPTER C. STATE ACTIONS RELATING TO EVENTS
1823	1830		Sec. 480.0101. PREREQUISITES FOR OFFICE ACTION. The office
1824	1831		may not undertake any duty imposed by this chapter unless:
1825	1832		(1) the municipality or county in which an event will
1826	1833		be located submits a request; and
1827	1834		(2) the request is accompanied by documentation from a
1828	1835		site selection organization selecting the site for the event.
1829	1836		(V.A.C.S. Art. 5190.14, Sec. 5C(o).)
1830	1837		Sec. 480.0102. DETERMINATION OF INCREMENTAL INCREASE IN
1831	1838		CERTAIN TAX RECEIPTS. (a) After a site selection organization
1832	1839		selects a site for an event in this state in accordance with an
1833	1840		application by a local organizing committee, endorsing
1834	1841		municipality, or endorsing county, the office shall determine the
1835	1842		incremental increases in the following tax receipts that the office
1836	1843		determines are directly attributable to the preparation for and
1837	1844		presentation of the event for the 30-day period that ends at the end
1838	1845		of the day after the date on which the event will be held or, if the
1839	1846		event will be held on more than one day, after the last date on which
1840	1847		the event will be held:
1841	1848		(1) the receipts to this state from taxes imposed
1842	1849		under Chapters 151, 152, 156, and 183, Tax Code, and under Title 5,
1843	1850		Alcoholic Beverage Code, in the market areas designated under
1844	1851		Section 480.0104;
1845	1852		(2) the receipts collected by this state for each
1846	1853		endorsing municipality in the market area from the sales and use tax
1847	1854		imposed by each endorsing municipality under Section 321.101(a),
1848	1855		Tax Code, and the mixed beverage tax revenue to be received by each
1849	1856		endorsing municipality under Section 183.051(b), Tax Code;
1850	1857		(3) the receipts collected by this state for each
1851	1858		endorsing county in the market area from the sales and use tax
1852	1859		imposed by each endorsing county under Section 323.101(a), Tax
1853	1860		Code, and the mixed beverage tax revenue to be received by each
1854	1861		endorsing county under Section 183.051(b), Tax Code;
1855	1862		(4) the receipts collected by each endorsing
1856	1863		municipality in the market area from the hotel occupancy tax
1857	1864		imposed under Chapter 351, Tax Code; and
1858	1865		(5) the receipts collected by each endorsing county in
1859	1866		the market area from the hotel occupancy tax imposed under Chapter
1860	1867		352, Tax Code.
1861	1868		(b) The office shall make the determination required by
1862	1869		Subsection (a) in accordance with procedures the office develops
1863	1870		and shall base that determination on information submitted by a
1864	1871		local organizing committee, endorsing municipality, or endorsing
1865	1872		county.
1866	1873		(c) In determining the amount of state revenue available
1867	1874		under Subsection (a)(1), the office may consider whether:
1868	1875		(1) the event has been previously held in this state;
1869	1876		and
1870	1877		(2) changes to the character of the event could affect
1871	1878		the incremental increase in tax receipts collected and remitted to
1872	1879		this state by an endorsing municipality or endorsing county under
1873	1880		Subsection (a)(1). (V.A.C.S. Art. 5190.14, Secs. 5C(b) (part),
1874	1881		(c-1) (part), (q).)
1875	1882		Sec. 480.0103. TIME FOR DETERMINATION. The office shall
1876	1883		determine the incremental increase in tax receipts under Section
1877	1884		480.0102 not later than the earlier of:
1878	1885		(1) the 30th day after the date the office receives the
1879	1886		information for an event submitted by a local organizing committee,
1880	1887		endorsing municipality, or endorsing county on which the office
1881	1888		bases the determination as provided by Section 480.0102(b); and
1882	1889		(2) three months before the date of the event.
1883	1890		(V.A.C.S. Art. 5190.14, Secs. 5C(b) (part), (c-1) (part).)
1884	1891		Sec. 480.0104. DESIGNATION OF MARKET AREA. (a) For
1885	1892		purposes of Section 480.0102(a)(1), the office shall designate as a
1886	1893		market area for an event each area in which the office determines
1887	1894		there is a reasonable likelihood of measurable economic impact
1888	1895		directly attributable to the preparation for and presentation of
1889	1896		the event. The office shall include areas likely to provide venues,
1890	1897		accommodations, and services in connection with the event based on
1891	1898		the proposal the local organizing committee provides to the office.
1892	1899		(b) The office shall determine the geographic boundaries of
1893	1900		each market area.
1894	1901		(c) An endorsing municipality or endorsing county selected
1895	1902		as the site for the event must be included in a market area for the
1896	1903		event. (V.A.C.S. Art. 5190.14, Sec. 5C(c).)
1897	1904		Sec. 480.0105. ESTIMATE OF TAX REVENUE CREDITED TO FUND.
1898	1905		(a) Not later than three months before the date of an event, the
1899	1906		office shall provide an estimate of the total amount of tax revenue
1900	1907		that would be transferred or deposited to the events trust fund
1901	1908		under this chapter in connection with that event if the event were
1902	1909		held in this state at a site selected in accordance with an
1903	1910		application by a local organizing committee, endorsing
1904	1911		municipality, or endorsing county.
1905	1912		(b) The office shall provide the estimate on request to a
1906	1913		local organizing committee, endorsing municipality, or endorsing
1907	1914		county.
1908	1915		(c) A local organizing committee, endorsing municipality,
1909	1916		or endorsing county may submit the office's estimate to a site
1910	1917		selection organization. (V.A.C.S. Art. 5190.14, Sec. 5C(j).)
1911	1918		Sec. 480.0106. MODEL EVENT SUPPORT CONTRACT. (a) The
1912	1919		office may adopt a model event support contract and make the
1913	1920		contract available on the office's Internet website.
1914	1921		(b) The office's adoption of a model event support contract
1915	1922		under this section does not require use of the model event support
1916	1923		contract for purposes of this chapter. (V.A.C.S. Art. 5190.14,
1917	1924		Sec. 5C(r).)
1918	1925		SUBCHAPTER D. FUND ESTABLISHMENT AND CONTRIBUTIONS
1919	1926		Sec. 480.0151. EVENTS TRUST FUND. The events trust fund is
1920	1927		established outside the state treasury and is held in trust by the
1921	1928		comptroller for administration of this chapter. (V.A.C.S. Art.
1922	1929		5190.14, Sec. 5C(d) (part).)
1923	1930		Sec. 480.0152. DEPOSIT OF MUNICIPAL AND COUNTY TAX REVENUE.
1924	1931		(a) Each endorsing municipality or endorsing county shall remit to
1925	1932		the comptroller and the comptroller shall deposit into a trust fund
1926	1933		created by the comptroller, at the direction of the office, and
1927	1934		designated as the events trust fund the amount of the
1928	1935		municipality's or county's hotel occupancy tax revenue determined
1929	1936		under Section 480.0102(a)(4) or (5), less any amount of the revenue
1930	1937		that the municipality or county determines is necessary to meet the
1931	1938		obligations of the municipality or county.
1932	1939		(b) The comptroller, at the direction of the office, shall
1933	1940		retain the amount of sales and use tax revenue and mixed beverage
1934	1941		tax revenue determined under Section 480.0102(a)(2) or (3) from the
1935	1942		amounts otherwise required to be sent to the municipality under
1936	1943		Sections 321.502 and 183.051(b), Tax Code, or to the county under
1937	1944		Sections 323.502 and 183.051(b), Tax Code, less any amount of the
1938	1945		revenue that the municipality or county determines is necessary to
1939	1946		meet the obligations of the municipality or county, and shall
1940	1947		deposit the retained tax revenue to the events trust fund.
1941	1948		(c) The comptroller shall begin retaining and depositing
1942	1949		the municipal and county tax revenue:
1943	1950		(1) with the first distribution of that tax revenue
1944	1951		that occurs after the first day of the period described by Section
1945	1952		480.0102(a); or
1946	1953		(2) at a time the office otherwise determines to be
1947	1954		practicable.
1948	1955		(d) The comptroller shall discontinue retaining the
1949	1956		municipal and county tax revenue when the amount of the applicable
1950	1957		tax revenue determined under Section 480.0102(a)(2) or (3) has been
1951	1958		retained. (V.A.C.S. Art. 5190.14, Sec. 5C(d) (part).)
1952	1959		Sec. 480.0153. OTHER LOCAL MONEY. (a) In lieu of the
1953	1960		municipal and county tax revenues remitted or retained under
1954	1961		Section 480.0152, an endorsing municipality or endorsing county may
1955	1962		remit to the office for deposit to the events trust fund other local
1956	1963		money in an amount equal to the total amount of municipal and county
1957	1964		tax revenue determined under Sections 480.0102(a)(2)-(5).
1958	1965		(b) An endorsing municipality or endorsing county must
1959	1966		remit the other local money not later than the 90th day after the
1960	1967		last day of an event.
1961	1968		(c) For purposes of Section 480.0155, the amount deposited
1962	1969		under this section is considered remitted municipal and county tax
1963	1970		revenue. (V.A.C.S. Art. 5190.14, Sec. 5C(d-1).)
1964	1971		Sec. 480.0154. SURCHARGES AND USER FEES. An endorsing
1965	1972		municipality or endorsing county may collect and remit to the
1966	1973		office surcharges and user fees attributable to an event for
1967	1974		deposit to the events trust fund. (V.A.C.S. Art. 5190.14, Sec.
1968	1975		5C(e) (part).)
1969	1976		Sec. 480.0155. STATE TAX REVENUE. (a) The comptroller, at
1970	1977		the direction of the office, shall transfer to the events trust fund
1971	1978		a portion of the state tax revenue in an amount equal to 6.25
1972	1979		multiplied by the amount of the municipal and county tax revenue
1973	1980		retained or remitted under this chapter, including:
1974	1981		(1) local sales and use tax revenue;
1975	1982		(2) mixed beverage tax revenue;
1976	1983		(3) hotel occupancy tax revenue; and
1977	1984		(4) surcharge and user fee revenue.
1978	1985		(b) The amount transferred under Subsection (a) may not
1979	1986		exceed the incremental increase in tax receipts determined under
1980	1987		Section 480.0102(a)(1). (V.A.C.S. Art. 5190.14, Sec. 5C(f).)
1981	1988		SUBCHAPTER E. DISBURSEMENTS FROM FUND
1982	1989		Sec. 480.0201. DISBURSEMENT WITHOUT APPROPRIATION. Money
1983	1990		in the events trust fund may be disbursed by the office without
1984	1991		appropriation only as provided by this chapter. (V.A.C.S. Art.
1985	1992		5190.14, Sec. 5C(d) (part).)
1986	1993		Sec. 480.0202. DISBURSEMENT FROM FUND. (a) After approval
1987	1994		of each contributing endorsing municipality and endorsing county,
1988	1995		the office may make a disbursement from the events trust fund for a
1989	1996		purpose for which a local organizing committee, an endorsing
1990	1997		municipality, an endorsing county, or this state is obligated under
1991	1998		an event support contract, including an obligation to pay costs
1992	1999		incurred in making preparations necessary for the event and
1993	2000		conducting the event.
1994	2001		(b) In considering whether to make a disbursement from the
1995	2002		events trust fund, the office may not consider a contingency clause
1996	2003		in an event support contract as relieving a local organizing
1997	2004		committee's, endorsing municipality's, or endorsing county's
1998	2005		obligation to pay a cost under the contract.
1999	2006		(c) If the office makes a disbursement from the events trust
2000	2007		fund, the office shall satisfy the obligation proportionately from
2001	2008		the local and state revenue in the fund. (V.A.C.S. Art. 5190.14,
2002	2009		Secs. 5C(k) (part), (l).)
2003	2010		Sec. 480.0203. REDUCTION OF DISBURSEMENT AMOUNT. (a)
2004	2011		After the conclusion of an event, the office shall compare
2005	2012		information on the actual attendance figures provided under Section
2006	2013		480.0251 with the estimated attendance numbers used to determine
2007	2014		the incremental increase in tax receipts under Section 480.0102.
2008	2015		If the actual attendance figures are significantly lower than the
2009	2016		estimated attendance numbers, the office may reduce the amount of a
2010	2017		disbursement from the events trust fund for an endorsing entity:
2011	2018		(1) in proportion to the discrepancy between the
2012	2019		actual and estimated attendance; and
2013	2020		(2) in proportion to the amount the entity contributed
2014	2021		to the fund.
2015	2022		(b) The office by rule shall:
2016	2023		(1) define "significantly lower" for purposes of this
2017	2024		section; and
2018	2025		(2) provide the manner in which the office may
2019	2026		proportionately reduce a disbursement.
2020	2027		(c) This section does not affect the remittance under
2021	2028		Section 480.0207 of any money remaining in the events trust fund.
2022	2029		(V.A.C.S. Art. 5190.14, Sec. 5C(t).)
2023	2030		Sec. 480.0204. ALLOWABLE EXPENSES. (a) Money in the events
2024	2031		trust fund may be used to:
2025	2032		(1) pay the principal of and interest on notes issued
2026	2033		under Section 480.0252; and
2027	2034		(2) fulfill obligations of an endorsing municipality,
2028	2035		an endorsing county, or this state to a site selection organization
2029	2036		under an event support contract.
2030	2037		(b) Subject to Sections 480.0202 and 480.0205, the
2031	2038		obligations described by Subsection (a)(2) may include the payment
2032	2039		of:
2033	2040		(1) the costs relating to the preparations necessary
2034	2041		for conducting the event; and
2035	2042		(2) the costs of conducting the event, including costs
2036	2043		of an improvement or renovation to an existing facility and costs of
2037	2044		acquisition or construction of a new facility or other facility.
2038	2045		(V.A.C.S. Art. 5190.14, Sec. 5C(h).)
2039	2046		Sec. 480.0205. LIMITATION ON CERTAIN DISBURSEMENTS. (a) A
2040	2047		disbursement from the events trust fund is limited to five percent
2041	2048		of the cost of a structural improvement or a fixture if:
2042	2049		(1) an obligation is incurred under an event support
2043	2050		contract to make the improvement or add the fixture to a site for an
2044	2051		event; and
2045	2052		(2) the improvement or fixture is expected to derive
2046	2053		most of its value in subsequent uses of the site for future events.
2047	2054		(b) The remainder of an obligation described by Subsection
2048	2055		(a) is not eligible for a disbursement from the events trust fund,
2049	2056		unless the obligation is for an improvement or fixture for a
2050	2057		publicly owned facility. (V.A.C.S. Art. 5190.14, Sec. 5C(k)
2051	2058		(part).)
2052	2059		Sec. 480.0206. PROHIBITED DISBURSEMENTS. (a) Subject to
2053	2060		Subsection (b), the office may not make a disbursement from the
2054	2061		events trust fund that the office determines would be used to:
2055	2062		(1) solicit the relocation of a professional sports
2056	2063		franchise located in this state;
2057	2064		(2) construct an arena, stadium, or convention center;
2058	2065		or
2059	2066		(3) conduct usual and customary maintenance of a
2060	2067		facility.
2061	2068		(b) Subsection (a) does not prohibit a disbursement from the
2062	2069		events trust fund for the construction of temporary structures
2063	2070		within an arena, stadium, or convention center that are necessary
2064	2071		for the conduct of an event or temporary maintenance of a facility
2065	2072		that is necessary for the preparation for or conduct of an event.
2066	2073		(V.A.C.S. Art. 5190.14, Secs. 5C(k-1), (k-2).)
2067	2074		Sec. 480.0207. REMITTANCE OF REMAINING FUND MONEY. On
2068	2075		payment of all municipal, county, or state obligations under an
2069	2076		event support contract related to the location of an event in this
2070	2077		state, the office shall remit to each endorsing entity, in
2071	2078		proportion to the amount contributed by the entity, any money
2072	2079		remaining in the events trust fund. (V.A.C.S. Art. 5190.14, Sec.
2073	2080		5C(m).)
2074	2081		SUBCHAPTER F. LOCAL POWERS AND DUTIES RELATING TO EVENTS
2075	2082		Sec. 480.0251. REQUIRED INFORMATION. (a) A local
2076	2083		organizing committee, endorsing municipality, or endorsing county
2077	2084		shall provide information required by the office to fulfill the
2078	2085		office's duties under this chapter, including:
2079	2086		(1) annual audited statements of any financial records
2080	2087		required by a site selection organization; and
2081	2088		(2) data obtained by the local organizing committee,
2082	2089		an endorsing municipality, or an endorsing county relating to:
2083	2090		(A) attendance at the event, including an
2084	2091		estimate of the number of people expected to attend the event who
2085	2092		are not residents of this state; and
2086	2093		(B) the economic impact of the event.
2087	2094		(b) A local organizing committee, endorsing municipality,
2088	2095		or endorsing county must provide any annual audited financial
2089	2096		statement required by the office not later than the end of the
2090	2097		fourth month after the last day of the period covered by the
2091	2098		financial statement.
2092	2099		(c) After the conclusion of an event and on the office's
2093	2100		request, a local organizing committee, endorsing municipality, or
2094	2101		endorsing county must provide information about the event, such as
2095	2102		attendance figures, including an estimate of the number of people
2096	2103		who attended the event who are not residents of this state,
2097	2104		financial information, or other public information held by the
2098	2105		committee, municipality, or county that the office considers
2099	2106		necessary. (V.A.C.S. Art. 5190.14, Sec. 5C(i).)
2100	2107		Sec. 480.0252. ISSUANCE OF NOTES. (a) To meet its
2101	2108		obligations under an event support contract to improve, construct,
2102	2109		renovate, or acquire facilities or to acquire equipment, an
2103	2110		endorsing municipality by ordinance or an endorsing county by order
2104	2111		may authorize the issuance of notes.
2105	2112		(b) An endorsing municipality or endorsing county may
2106	2113		provide that the notes be paid from and secured by:
2107	2114		(1) amounts on deposit or amounts to be transferred or
2108	2115		deposited to the events trust fund; or
2109	2116		(2) surcharges from user fees charged in connection
2110	2117		with the event, including parking or ticket fees.
2111	2118		(c) A note issued must mature not later than the seventh
2112	2119		anniversary of the date of issuance. (V.A.C.S. Art. 5190.14, Sec.
2113	2120		5C(g).)
2114	2121		Sec. 480.0253. PLEDGE OF SURCHARGES TO GUARANTEE
2115	2122		OBLIGATIONS. An endorsing municipality or endorsing county may
2116	2123		guarantee its obligations under an event support contract and this
2117	2124		chapter by pledging, in addition to the tax revenue deposited under
2118	2125		Section 480.0152, surcharges from user fees charged in connection
2119	2126		with the event, including parking or ticket fees. (V.A.C.S. Art.
2120	2127		5190.14, Sec. 5C(e) (part).)
2121	2128		ARTICLE 2. CONFORMING AMENDMENTS
2122	2129		SECTION 2.01. Section 335.078, Local Government Code, is
2123	2130		amended to read as follows:
2124	2131		Sec. 335.078. VENUE DISTRICT AS ENDORSING MUNICIPALITY OR
2125	2132		COUNTY. (a) A venue district located in a county with a population
2126	2133		of 3.3 million or more may act as an endorsing municipality or
2127	2134		endorsing county under Subtitle E-1, Title 4, Government Code
2128	2135		[Chapter 1507, Acts of the 76th Legislature, Regular Session, 1999
2129	2136		(Article 5190.14, Vernon's Texas Civil Statutes)].
2130	2137		(b) A venue district acting as an endorsing municipality or
2131	2138		endorsing county under Subtitle E-1, Title 4, Government Code
2132	2139		[Chapter 1507, Acts of the 76th Legislature, Regular Session, 1999
2133	2140		(Article 5190.14, Vernon's Texas Civil Statutes)], shall remit for
2134	2141		deposit into the trust fund established for the games or event the
2135	2142		amounts determined by the comptroller under that subtitle
2136	2143		[chapter]. The comptroller shall determine the incremental
2137	2144		increase in receipts attributable to the games or event and related
2138	2145		activities under that subtitle [chapter] based on the amount of
2139	2146		applicable taxes imposed by each municipality or county that
2140	2147		comprises the venue district and not on the amount of taxes imposed
2141	2148		by the venue district.
2142	2149		(c) A venue district acting as an endorsing municipality or
2143	2150		endorsing county under Subtitle E-1, Title 4, Government Code
2144	2151		[Chapter 1507, Acts of the 76th Legislature, Regular Session, 1999
2145	2152		(Article 5190.14, Vernon's Texas Civil Statutes)], may guarantee
2146	2153		the district's obligations under a games or event support contract
2147	2154		by pledging surcharges from user fees, including parking or ticket
2148	2155		fees, charged in connection with the games or event and related
2149	2156		activities.
2150	2157		(d) Subject to Subsection (b), a venue district acting as an
2151	2158		endorsing municipality or endorsing county under Subtitle E-1,
2152	2159		Title 4, Government Code [Chapter 1507, Acts of the 76th
2153	2160		Legislature, Regular Session, 1999 (Article 5190.14, Vernon's
2154	2161		Texas Civil Statutes)], as authorized by this section, has all the
2155	2162		powers of an endorsing municipality or endorsing county under that
2156	2163		subtitle [chapter], and any action an endorsing municipality or
2157	2164		endorsing county is required to take by ordinance or order under
2158	2165		that subtitle [chapter] may be taken by order or resolution of the
2159	2166		venue district.
2160	2167		SECTION 2.02. Section 26.041(j), Tax Code, is amended to
2161	2168		read as follows:
2162	2169		(j) Any amount derived from the sales and use tax that is
2163	2170		retained by the comptroller under Chapters 476 or 477, Government
2164	2171		Code [Section 4 or 5, Chapter 1507, Acts of the 76th Legislature,
2165	2172		Regular Session, 1999 (Article 5190.14, Vernon's Texas Civil
2166	2173		Statutes)], is not considered to be sales and use tax revenue for
2167	2174		purposes of this section.
2168	2175		ARTICLE 3. REPEALER
2169	2176		SECTION 3.01. Article 5190.14, Vernon's Texas Civil
2170	2177		Statutes, is repealed.
2171	2178		ARTICLE 4. GENERAL MATTERS
2172	2179		SECTION 4.01. This Act is enacted under Section 43, Article
2173	2180		III, Texas Constitution. This Act is intended as a recodification
2174	2181		only, and no substantive change in law is intended by this Act.
2175	2182		SECTION 4.02. This Act takes effect April 1, 2021.
2176		-	______________________________ ______________________________
2177		-	President of the Senate Speaker of the House
2178		-	I certify that H.B. No. 4174 was passed by the House on April
2179		-	26, 2019, by the following vote: Yeas 137, Nays 2, 2 present, not
2180		-	voting.
2181		-	______________________________
2182		-	Chief Clerk of the House
2183		-	I certify that H.B. No. 4174 was passed by the Senate on May
2184		-	15, 2019, by the following vote: Yeas 31, Nays 0.
2185		-	______________________________
2186		-	Secretary of the Senate
2187		-	APPROVED: _____________________
2188		-	Date
2189		-	_____________________
2190		-	Governor
	2183	+	* * * * *