1 | 1 | | 89R3237 BEE-F |
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2 | 2 | | By: Tepper H.B. No. 3349 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the events trust fund and to abolishing the Pan American |
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10 | 10 | | Games trust fund, Olympic Games trust fund, and motor sports racing |
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11 | 11 | | trust fund. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Sections 475.0001(1), (2), (3), (4), and (10), |
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14 | 14 | | Government Code, are amended to read as follows: |
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15 | 15 | | (1) "Endorsing county" means an endorsing county for |
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16 | 16 | | purposes of Chapter [477,] 478[, 479,] or 480. |
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17 | 17 | | (2) "Endorsing municipality" means an endorsing |
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18 | 18 | | municipality for purposes of Chapter [476, 477,] 478[, 479,] or |
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19 | 19 | | 480. |
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20 | 20 | | (3) "Event" means a game or an event as defined by |
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21 | 21 | | Chapter 478[, 479,] or 480. |
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22 | 22 | | (4) "Games" means any of the following and includes |
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23 | 23 | | the events and activities related to the following: |
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24 | 24 | | (A) the College Football Playoff games; |
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25 | 25 | | (B) the Major League Baseball All-Star Game; |
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26 | 26 | | (C) the National Basketball Association All-Star |
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27 | 27 | | Game; |
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28 | 28 | | (D) the National Collegiate Athletic Association |
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29 | 29 | | Final Four; |
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30 | 30 | | (E) the National Hockey League All-Star Game; |
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31 | 31 | | (F) [the Olympic Games; |
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32 | 32 | | [(G) the Pan American Games; |
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33 | 33 | | [(H)] the Super Bowl; |
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34 | 34 | | (G) [(I)] the World Cup Soccer Games; or |
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35 | 35 | | (H) [(J)] the World Games. |
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36 | 36 | | (10) "Site selection organization" means a site |
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37 | 37 | | selection organization as defined by Chapters [477,] 478[,] and |
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38 | 38 | | 480. |
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39 | 39 | | SECTION 2. Section 475.0051, Government Code, is amended to |
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40 | 40 | | read as follows: |
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41 | 41 | | Sec. 475.0051. APPLICABILITY OF SUBCHAPTER. This |
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42 | 42 | | subchapter does not apply to or otherwise affect an event support |
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43 | 43 | | contract under Chapter 478[, 479,] or 480 to which the office is not |
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44 | 44 | | a party. |
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45 | 45 | | SECTION 3. Section 475.0054, Government Code, is amended to |
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46 | 46 | | read as follows: |
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47 | 47 | | Sec. 475.0054. PREREQUISITE FOR EXECUTION OF GAMES SUPPORT |
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48 | 48 | | CONTRACT. The office may agree to execute a games support contract |
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49 | 49 | | only if: |
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50 | 50 | | (1) the office determines that[: |
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51 | 51 | | [(A)] this state's assurances and obligations |
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52 | 52 | | under the contract are reasonable; and |
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53 | 53 | | [(B) any financial commitment of this state will |
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54 | 54 | | be satisfied exclusively by recourse to the Pan American Games |
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55 | 55 | | trust fund or the Olympic Games trust fund, as applicable; and] |
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56 | 56 | | (2) the endorsing municipality or endorsing county has |
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57 | 57 | | executed an agreement with a site selection organization that |
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58 | 58 | | contains substantially similar terms. |
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59 | 59 | | SECTION 4. Section 475.0103(a), Government Code, is amended |
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60 | 60 | | to read as follows: |
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61 | 61 | | (a) A local organizing committee that submits a request |
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62 | 62 | | under Section 475.0052 must: |
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63 | 63 | | (1) affirm as a part of that request that the committee |
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64 | 64 | | is in full compliance with the ethical guidelines provided by all |
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65 | 65 | | contracts entered into and rules adopted by the site selection |
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66 | 66 | | organization, including the organization's requirements regarding |
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67 | 67 | | disclosure of any financial interest a director, officer, or |
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68 | 68 | | senior-level employee of the committee has in any proposed |
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69 | 69 | | transaction with the committee; and |
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70 | 70 | | (2) not later than the 15th day of the first month |
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71 | 71 | | following each calendar quarter, file with the secretary of the |
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72 | 72 | | endorsing municipality for which the committee submits a request: |
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73 | 73 | | (A) a certification that the committee continues |
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74 | 74 | | to comply with the ethical guidelines described by Subdivision (1); |
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75 | 75 | | and |
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76 | 76 | | (B) a report of contributions to and expenditures |
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77 | 77 | | by the committee, in the manner described by Subsection (b)[; and |
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78 | 78 | | [(3) file with the secretary of the endorsing |
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79 | 79 | | municipality on April 15 of each year a copy of each financial |
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80 | 80 | | statement a committee or a member of a committee is required to |
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81 | 81 | | submit to the United States Olympic Committee during the preceding |
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82 | 82 | | calendar year]. |
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83 | 83 | | SECTION 5. Section 480.0051, Government Code, is amended to |
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84 | 84 | | read as follows: |
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85 | 85 | | Sec. 480.0051. EVENTS ELIGIBLE FOR FUNDING. (a) Except as |
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86 | 86 | | provided by Subsection (b), an [An] event is eligible for funding |
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87 | 87 | | under this chapter only if: |
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88 | 88 | | (1) a site selection organization, after considering |
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89 | 89 | | through a highly competitive selection process one or more sites |
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90 | 90 | | not in this state, selects a site in this state for the event to be |
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91 | 91 | | held: |
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92 | 92 | | (A) one time; or |
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93 | 93 | | (B) if the event is scheduled under an event |
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94 | 94 | | contract or event support contract to be held each year for a period |
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95 | 95 | | of years, one time in each year; |
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96 | 96 | | (2) a site selection organization selects a site in |
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97 | 97 | | this state as: |
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98 | 98 | | (A) the sole site for the event; or |
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99 | 99 | | (B) the sole site for the event in a region |
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100 | 100 | | composed of this state and one or more adjoining states; and |
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101 | 101 | | (3) the event is held not more than one time in any |
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102 | 102 | | year in this state or an adjoining state. |
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103 | 103 | | (b) Notwithstanding Subsection (a)(1), a site selection |
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104 | 104 | | committee for an event to be held primarily in a county or |
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105 | 105 | | municipality with a population of less than 500,000 is not required |
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106 | 106 | | to consider a site outside of this state if the estimated attendance |
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107 | 107 | | at the event is a number equal to at least 25 percent of the |
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108 | 108 | | applicable county's or municipality's population. |
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109 | 109 | | SECTION 6. Section 480.00515, Government Code, is amended |
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110 | 110 | | to read as follows: |
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111 | 111 | | Sec. 480.00515. SINGLE YEAR CLASSIFICATION FOR ELIGIBILITY |
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112 | 112 | | PURPOSES FOR CERTAIN SPORTING EVENTS. For purposes of Sections |
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113 | 113 | | 480.0051(a)(1) [480.0051(1)] and (3), a sporting event is |
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114 | 114 | | considered to be held one time in each year if the event is held only |
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115 | 115 | | one time in any annual season for that sport. |
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116 | 116 | | SECTION 7. Section 480.0052(b), Government Code, is amended |
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117 | 117 | | to read as follows: |
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118 | 118 | | (b) An [Subject to Subsection (c), an] endorsing |
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119 | 119 | | municipality or endorsing county with a population of more than |
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120 | 120 | | 500,000 may during any 12-month period receive [submit requests |
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121 | 121 | | for] funding under this chapter for not more than 10 events to which |
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122 | 122 | | this section applies. |
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123 | 123 | | SECTION 8. Subchapter B, Chapter 480, Government Code, is |
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124 | 124 | | amended by adding Section 480.0053 to read as follows: |
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125 | 125 | | Sec. 480.0053. TIME FOR REQUEST SUBMISSION. A municipality |
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126 | 126 | | or county must submit a request to the office not later than the |
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127 | 127 | | 90th day before the date the event begins. |
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128 | 128 | | SECTION 9. Section 480.0103, Government Code, is amended to |
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129 | 129 | | read as follows: |
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130 | 130 | | Sec. 480.0103. TIME FOR DETERMINATION. The office shall |
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131 | 131 | | determine the incremental increase in tax receipts under Section |
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132 | 132 | | 480.0102 not later than the earlier of: |
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133 | 133 | | (1) the 30th day after the date the office receives the |
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134 | 134 | | information for an event submitted by a local organizing committee, |
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135 | 135 | | endorsing municipality, or endorsing county on which the office |
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136 | 136 | | bases the determination as provided by Section 480.0102(b); and |
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137 | 137 | | (2) the 60th day [three months] before the date [of] |
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138 | 138 | | the event begins. |
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139 | 139 | | SECTION 10. Section 480.0105(a), Government Code, is |
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140 | 140 | | amended to read as follows: |
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141 | 141 | | (a) Not later than two [three] months before the date [of] |
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142 | 142 | | an event begins, the office shall provide an estimate of the total |
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143 | 143 | | amount of tax revenue that would be transferred or deposited to the |
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144 | 144 | | events trust fund under this chapter in connection with that event |
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145 | 145 | | if the event were held in this state at a site selected in |
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146 | 146 | | accordance with an application by a local organizing committee, |
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147 | 147 | | endorsing municipality, or endorsing county. |
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148 | 148 | | SECTION 11. Section 480.0155(a), Government Code, is |
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149 | 149 | | amended to read as follows: |
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150 | 150 | | (a) The comptroller, at the direction of the office, shall |
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151 | 151 | | transfer to the events trust fund a portion of the state tax revenue |
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152 | 152 | | in an amount equal to: |
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153 | 153 | | (1) for an event held primarily in a county or |
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154 | 154 | | municipality with a population of 500,000 or less, 12.25 multiplied |
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155 | 155 | | by the amount of the municipal and county tax revenue retained or |
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156 | 156 | | remitted under this chapter, including: |
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157 | 157 | | (A) local sales and use tax revenue; |
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158 | 158 | | (B) mixed beverage tax revenue; |
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159 | 159 | | (C) hotel occupancy tax revenue; and |
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160 | 160 | | (D) surcharge and user fee revenue; and |
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161 | 161 | | (2) for an event held primarily in a county or |
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162 | 162 | | municipality with a population of more than 500,000, 6.25 |
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163 | 163 | | multiplied by the amount of the municipal and county tax revenue |
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164 | 164 | | retained or remitted under this chapter, including: |
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165 | 165 | | (A) [(1)] local sales and use tax revenue; |
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166 | 166 | | (B) [(2)] mixed beverage tax revenue; |
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167 | 167 | | (C) [(3)] hotel occupancy tax revenue; and |
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168 | 168 | | (D) [(4)] surcharge and user fee revenue. |
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169 | 169 | | SECTION 12. Section 480.0207, Government Code, is amended |
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170 | 170 | | to read as follows: |
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171 | 171 | | Sec. 480.0207. REMITTANCE OF REMAINING FUND MONEY. (a) On |
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172 | 172 | | payment of all municipal, county, or state obligations under an |
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173 | 173 | | event support contract related to the location of an event in this |
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174 | 174 | | state, the office shall remit to each endorsing entity, in |
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175 | 175 | | proportion to the amount contributed by the entity, any money |
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176 | 176 | | remaining in the events trust fund. |
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177 | 177 | | (b) The office shall remit money required by Subsection (a) |
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178 | 178 | | not later than the 120th day after the date the office receives from |
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179 | 179 | | an endorsing entity all event information the office requires under |
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180 | 180 | | Section 480.0251. |
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181 | 181 | | SECTION 13. Sections 480.0251(b) and (c), Government Code, |
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182 | 182 | | are amended to read as follows: |
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183 | 183 | | (b) A local organizing committee, endorsing municipality, |
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184 | 184 | | or endorsing county must provide any annual audited financial |
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185 | 185 | | statement required by the office not later than the 90th day [end of |
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186 | 186 | | the fourth month] after the last day of the period covered by the |
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187 | 187 | | financial statement. |
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188 | 188 | | (c) Not later than the 90th day after [After] the last day |
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189 | 189 | | [conclusion] of an event and on the office's request, a local |
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190 | 190 | | organizing committee, endorsing municipality, or endorsing county |
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191 | 191 | | must provide information about the event, such as attendance |
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192 | 192 | | figures, including an estimate of the number of people who attended |
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193 | 193 | | the event who are not residents of this state, financial |
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194 | 194 | | information, or other public information held by the committee, |
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195 | 195 | | municipality, or county that the office considers necessary. |
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196 | 196 | | SECTION 14. (a) The following provisions of the Government |
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197 | 197 | | Code are repealed: |
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198 | 198 | | (1) Chapters 476, 477, and 479; and |
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199 | 199 | | (2) Section 480.0052(c). |
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200 | 200 | | (b) Section 26.041(j), Tax Code, is repealed. |
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201 | 201 | | SECTION 15. The following funds are abolished: |
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202 | 202 | | (1) the Pan American Games trust fund established |
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203 | 203 | | under Section 476.0101, Government Code, as that section existed |
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204 | 204 | | immediately before the effective date of this Act; |
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205 | 205 | | (2) the Olympic Games trust fund established under |
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206 | 206 | | Section 477.0101, Government Code, as that section existed |
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207 | 207 | | immediately before the effective date of this Act; and |
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208 | 208 | | (3) the motor sports racing trust fund established |
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209 | 209 | | under Section 479.0101, Government Code, as that section existed |
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210 | 210 | | immediately before the effective date of this Act. |
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211 | 211 | | SECTION 16. The applicable provisions of Chapters 475, 476, |
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212 | 212 | | 477, 478, and 479, Government Code, as those chapters existed |
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213 | 213 | | immediately before the effective date of this Act, including any |
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214 | 214 | | fund established under those chapters, remain in effect as those |
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215 | 215 | | provisions apply in relation to the particular games or event |
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216 | 216 | | described by this section of this Act until all money from the fund |
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217 | 217 | | for the particular games or event has been disbursed and all |
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218 | 218 | | obligations under a games support contract or event support |
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219 | 219 | | contract for the particular games or event have been satisfied. |
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220 | 220 | | This section applies only if, before the effective date of this Act: |
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221 | 221 | | (1) pursuant to an application by a local organizing |
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222 | 222 | | committee, endorsing municipality, or endorsing county, a site |
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223 | 223 | | selection organization selects a site in this state for the |
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224 | 224 | | particular games or event to which Chapter 476, 477, or 479 applies; |
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225 | 225 | | and |
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226 | 226 | | (2) a local organizing committee, endorsing |
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227 | 227 | | municipality, or endorsing county enters into a games support |
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228 | 228 | | contract or event support contract for the particular games or |
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229 | 229 | | event to which Chapter 476, 477, or 479 applies. |
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230 | 230 | | SECTION 17. The repeal by this Act of Chapters 476, 477, and |
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231 | 231 | | 479, Government Code, does not apply to an offense committed under |
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232 | 232 | | those chapters before the effective date of the repeal. An offense |
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233 | 233 | | committed before the effective date of the repeal is governed by the |
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234 | 234 | | law as it existed on the date the offense was committed, and the |
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235 | 235 | | former law is continued in effect for that purpose. For purposes of |
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236 | 236 | | this section, an offense was committed before the effective date of |
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237 | 237 | | the repeal if any element of the offense occurred before that date. |
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238 | 238 | | SECTION 18. This Act takes effect September 1, 2025. |
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