Texas 2021 - 87th Regular

Texas House Bill HB3373 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R10274 BEE-D
2		-	By: Burrows~~, et al.~~ H.B. No. 3373
	2	+	By: Burrows H.B. No. 3373
3	3
4	4
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7	7		relating to the certification of live music venues by and other
8	8		duties of the Texas Music Office.
9	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10		SECTION 1. Chapter 485, Government Code, is amended by
11	11		adding Subchapter C to read as follows:
12	12		SUBCHAPTER C. TEXAS MUSIC OFFICE
13	13		Sec. 485.051. DEFINITIONS. In this subchapter:
14	14		(1) "Certification holder" means an individual or
15	15		entity that holds a certification issued by the music office as an
16	16		independent live music venue, operator, producer, or promoter under
17	17		this subchapter.
18	18		(2) "Music office" means the Texas Music Office in the
19	19		office of the governor.
20	20		Sec. 485.052. DUTIES. The music office shall:
21	21		(1) administer and oversee federal programs in this
22	22		state supporting independent live music venues, operators,
23	23		producers, or promoters, including monitoring changes to those
24	24		programs to ensure efficient implementation;
25	25		(2) in accordance with Section 485.053, issue
26	26		certifications to independent live music venues, operators,
27	27		producers, and promoters for the purpose of administering and
28	28		overseeing programs described by Subdivision (1); and
29	29		(3) ensure each certification holder maintains
30	30		compliance with the requirements for certification under this
31	31		subchapter.
32	32		Sec. 485.053. CERTIFICATION ISSUANCE. (a) Subject to
33	33		Subsections (b) and (c), the music office shall issue a
34	34		certification as an independent live music venue, operator,
35	35		producer, or promoter, for purposes of any federal program
36	36		requiring such certification, to an individual or entity that:
37	37		(1) organizes, promotes, sells tickets, produces,
38	38		manages, or hosts live concerts;
39	39		(2) generates at least 60 percent of the individual's
40	40		or entity's primary business revenue from:
41	41		(A) entrance fees or ticket sales and fees;
42	42		(B) production reimbursements; and
43	43		(C) the sale of beverages, food, and merchandise
44	44		at events;
45	45		(3) has operated its primary business in this state
46	46		for at least one year preceding certification;
47	47		(4) pays artists fairly in an amount that is:
48	48		(A) based on:
49	49		(i) a percentage of sales;
50	50		(ii) a guarantee in writing or in a standard
51	51		contract; or
52	52		(iii) any other mutually beneficial formal
53	53		agreement; and
54	54		(B) not based solely on tips, unless the artist
55	55		is participating in a legitimate fundraiser or similar charitable
56	56		event; and
57	57		(5) meets at least five of the following criteria:
58	58		(A) markets live music performances through
59	59		listings in printed or electronic publications;
60	60		(B) provides live music performances four or more
61	61		nights of each week;
62	62		(C) employs or contracts the services of one or
63	63		more persons in two or more of the following positions or services:
64	64		(i) sound engineer;
65	65		(ii) booker;
66	66		(iii) promoter;
67	67		(iv) stage manager; or
68	68		(v) security personnel;
69	69		(D) has designated live performance and audience
70	70		space;
71	71		(E) provides technical sound and lighting,
72	72		either in-house or through a contract with a vendor;
73	73		(F) has a dedicated space for the storage of
74	74		audio equipment or musical instruments;
75	75		(G) charges for live music performances through
76	76		ticketing or imposing an entrance fee; or
77	77		(H) maintains hours of operation that coincide
78	78		with live music performance show times.
79	79		(b) The music office may not issue a certification as an
80	80		independent live music venue, operator, producer, or promoter to an
81	81		individual or entity that:
82	82		(1) presents live performances of a prurient sexual
83	83		nature, as determined by the music office; or
84	84		(2) derives directly or indirectly a more than de
85	85		minimis gross revenue, as determined by the music office, through:
86	86		(A) the sale of products or services of a
87	87		prurient sexual nature; or
88	88		(B) the presentation of any depictions or
89	89		displays of a prurient sexual nature.
90	90		(c) The music office may not issue a certification as an
91	91		independent live music venue, operator, producer, or promoter to an
92	92		individual or entity unless the individual or entity:
93	93		(1) employs as full-time equivalents 50 or more
94	94		employees or contractors;
95	95		(2) derives not less than 10 percent of the
96	96		individual's or entity's gross revenue from federal funding; or
97	97		(3) is majority-owned, controlled, or operated by an
98	98		individual or entity described by Subdivisions (1) and (2).
99	99		SECTION 2. This Act takes effect September 1, 2021.