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A BILL TO BE ENTITLED
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AN ACT
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relating to a Pan American Games trust fund, an Olympic Games trust |
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fund, a Major Events trust fund, a Motor Sports Racing trust fund, |
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an Events trust fund for sporting and non-sporting events, and a |
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Special Event trust fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 4(b), (c), (d), (f), (h), (j), and (k), |
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Chapter 1507 (S.B. 456), Acts of the 76th Legislature, Regular |
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Session, 1999 (Article 5190.14, Vernon's Texas Civil Statutes), are |
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amended to read as follows: |
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(b) If a site selection organization selects a site for the |
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games in this state pursuant to an application by a local organizing |
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committee acting on behalf of an endorsing municipality, after the |
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first occurrence of a measurable economic impact in this state as a |
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result of the preparation for the games, as determined by the |
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department [comptroller], but in no event later than one year |
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before the scheduled opening event of the games, the department |
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[comptroller] shall determine for each subsequent calendar |
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quarter, in accordance with procedures developed by the department |
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[comptroller]: |
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(1) the incremental increase in the receipts to the |
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state from the taxes imposed under Chapters 151, 152, 156, and 183, |
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Tax Code, and under Title 5, Alcoholic Beverage Code, within the |
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market areas designated under Subsection (c) of this section, that |
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is directly attributable, as determined by the department |
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[comptroller], to the preparation for and presentation of the games |
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and related events; |
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(2) the incremental increase in the receipts collected |
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by the state on behalf of the endorsing municipality from the sales |
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and use tax imposed by the endorsing municipality under Section |
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321.101(a), Tax Code, that is directly attributable, as determined |
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by the department [comptroller], to the preparation for and |
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presentation of the games and related events; and |
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(3) the incremental increase in the receipts collected |
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by the endorsing municipality from the municipality's hotel |
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occupancy tax imposed under Chapter 351, Tax Code, that is directly |
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attributable, as determined by the department [comptroller], to the |
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preparation for and presentation of the games and related events. |
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(c) For the purposes of Subsection (b)(1) of this section, |
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the department [comptroller] shall designate as a market area for |
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the games each area in which the department [comptroller] |
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determines there is a reasonable likelihood of measurable economic |
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impact directly attributable to the preparation for and |
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presentation of the games and related events, including areas |
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likely to provide venues, accommodations, and services in |
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connection with the games based on the proposal provided by the |
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local organizing committee under Section 7 of this Act. The |
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department [comptroller] shall determine the geographic boundaries |
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of each market area. The endorsing municipality that has been |
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selected as the site for the games must be included in a market area |
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for the games. |
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(d) The comptroller, at the direction of the department, |
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shall retain, for the purpose of guaranteeing the joint obligations |
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of the state and the endorsing municipality under a games support |
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contract and this Act, the amount of municipal sales and use tax |
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revenue determined under Subsection (b)(2) of this section from the |
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amounts otherwise required to be sent to the municipality under |
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Section 321.502, Tax Code, beginning with the first distribution of |
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that tax revenue that occurs after the date the department |
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[comptroller] makes the determination of the amount of municipal |
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sales and use tax revenue under Subsection (b)(2). The comptroller |
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shall discontinue retaining municipal sales and use tax revenue |
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under this subsection on the earlier of: |
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(1) the end of the third calendar month following the |
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month in which the closing event of the games occurs; or |
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(2) the date the amount of municipal sales and use tax |
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revenue and municipal hotel occupancy tax revenue in the Pan |
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American Games trust fund equals 14 percent of the maximum amount of |
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state and municipal tax revenue that may be deposited in the trust |
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fund under Subsection (m) of this section. |
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(f) Subject to Subsection (m) of this section, the |
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comptroller shall deposit into a trust fund designated as the Pan |
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American Games trust fund the amount of municipal sales and use tax |
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revenue retained under Subsection (d) of this section and, at the |
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same time, a portion of the state tax revenue determined by the |
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department under Subsection (b)(1) of this section in an amount |
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equal to 6.25 times the amount of that municipal sales and use tax |
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revenue. Subject to Subsection (m) of this section, the endorsing |
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municipality shall deposit into the trust fund the amount of the |
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endorsing municipality's hotel occupancy tax revenue determined by |
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the department under Subsection (b)(3) of this section. The |
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endorsing municipality shall deposit that hotel occupancy tax |
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revenue into the trust fund at least quarterly. When the endorsing |
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municipality makes a deposit of its hotel occupancy tax revenue, |
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the comptroller, at the direction of the department, shall deposit |
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at the same time a portion of the state tax revenue determined under |
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Subsection (b)(1) of this section in an amount equal to 6.25 times |
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the amount of that municipal hotel occupancy tax revenue. The Pan |
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American Games trust fund is established outside the treasury but |
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is held in trust by the comptroller for the administration of this |
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Act. Money in the trust fund may be spent by the department without |
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appropriation only as provided by this Act. The comptroller shall |
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discontinue depositing into the trust fund any state tax revenue |
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determined by the department under Subsection (b)(1) of this |
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section on the earlier of: |
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(1) the end of the third calendar month following the |
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month in which the closing event of the games occurs; or |
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(2) the date on which the amount of state revenue in |
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the Pan American Games trust fund equals 86 percent of the maximum |
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amount of state and municipal tax revenue that may be deposited in |
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the trust fund under Subsection (m) of this section. |
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(h) A local organizing committee shall provide information |
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required by the department [comptroller] to enable the department |
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[comptroller] to fulfill the department's [comptroller's] duties |
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under this Act, including annual audited statements of the local |
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organizing committee's financial records required by a site |
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selection organization and data obtained by the local organizing |
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committee relating to attendance at the games and to the economic |
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impact of the games. A local organizing committee must provide an |
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annual audited financial statement required by the department |
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[comptroller] not later than the end of the fourth month after the |
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date the period covered by the financial statement ends. |
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(j) The department may not make a disbursement from the Pan |
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American Games trust fund unless the department [comptroller] |
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certifies that the disbursement is for a purpose for which the state |
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and the endorsing municipality are jointly obligated under a games |
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support contract or other agreement described by Subsection (g) of |
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this section. |
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(k) If the department [comptroller] certifies under |
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Subsection (j) of this section that a disbursement may be made from |
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the Pan American Games trust fund, the obligation shall be |
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satisfied first out of municipal revenue deposited in the trust |
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fund and any interest earned on that municipal revenue. If the |
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municipal revenue is not sufficient to satisfy the entire deficit, |
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state revenue deposited into the trust fund and any interest earned |
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on that state revenue shall be used to satisfy the portion of the |
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deficit not covered by the municipal revenue. |
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SECTION 2. Sections 4(i) and (l), Chapter 1507 (S.B. 456), |
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Acts of the 76th Legislature, Regular Session, 1999 (Article |
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5190.14, Vernon's Texas Civil Statutes), as amended by Chapters 579 |
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(H.B. 1675) and 814 (S.B. 275), Acts of the 78th Legislature, 2003, |
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are reenacted and amended to read as follows: |
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(i) The department [comptroller] shall provide an estimate |
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not later than September [December] 1 [, 2003,] of the year that is |
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eight years before the year in which the games would be held in this |
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state of the total amount of state and municipal tax revenue that |
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would be deposited in the Pan American Games trust fund before |
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January 1 [, 2012,] of the year following the year in which the |
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games would be held, if the games were to be held in this state at a |
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site selected pursuant to an application by a local organizing |
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committee. The department [comptroller] shall provide the estimate |
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on request to a local organizing committee. A local organizing |
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committee may submit the department's [comptroller's] estimate to a |
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site selection organization. |
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(l) On January 1 [, 2013,] of the second year following the |
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year in which the games are held in this state, the comptroller, at |
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the direction of the department, shall transfer to the general |
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revenue fund any money remaining in the Pan American Games trust |
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fund, not to exceed the amount of state revenue remaining in the |
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trust fund, plus any interest earned on that state revenue. The |
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comptroller shall remit to the endorsing municipality any money |
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remaining in the trust fund after the required amount is |
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transferred to the general revenue fund. |
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SECTION 3. Sections 5(b), (c), (d), (f), (h), (i), (j), (k), |
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and (l), Chapter 1507 (S.B. 456), Acts of the 76th Legislature, |
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Regular Session, 1999 (Article 5190.14, Vernon's Texas Civil |
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Statutes), are amended to read as follows: |
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(b) If a site selection organization selects a site for the |
|
games in this state pursuant to an application by a local organizing |
|
committee, after the first occurrence of a measurable economic |
|
impact in this state as a result of the preparation for the games, |
|
as determined by the department [comptroller], but in no event |
|
later than one year before the scheduled opening event of the games, |
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the department [comptroller] shall determine for each subsequent |
|
calendar quarter, in accordance with procedures developed by the |
|
department [comptroller]: |
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(1) the incremental increase in the receipts to the |
|
state from the taxes imposed under Chapters 151, 152, 156, and 183, |
|
Tax Code, and under Title 5, Alcoholic Beverage Code, within the |
|
market areas designated under Subsection (c) of this section, that |
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is directly attributable, as determined by the department |
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[comptroller], to the preparation for and presentation of the games |
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and related events; |
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(2) the incremental increase in the receipts collected |
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by the state on behalf of each endorsing municipality from the sales |
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and use tax imposed by the endorsing municipality under Section |
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321.101(a), Tax Code, and the mixed beverage tax revenue to be |
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received by the endorsing municipality under Section 183.051(b), |
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Tax Code, that is directly attributable, as determined by the |
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department [comptroller], to the preparation for and presentation |
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of the games and related events; |
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(3) the incremental increase in the receipts collected |
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by the state on behalf of each endorsing county from the sales and |
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use tax imposed by the county under Section 323.101(a), Tax Code, |
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and the mixed beverage tax revenue to be received by the endorsing |
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county under Section 183.051(b), Tax Code, that is directly |
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attributable, as determined by the department [comptroller], to the |
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preparation for and presentation of the games and related events; |
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(4) the incremental increase in the receipts collected |
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by each endorsing municipality from the hotel occupancy tax imposed |
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under Chapter 351, Tax Code, that is directly attributable, as |
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determined by the department [comptroller], to the preparation for |
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and presentation of the games and related events; and |
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(5) the incremental increase in the receipts collected |
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by each endorsing county from the hotel occupancy tax imposed under |
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Chapter 352, Tax Code, that is directly attributable, as determined |
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by the department [comptroller], to the preparation for and |
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presentation of the games and related events. |
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(c) For the purposes of Subsection (b)(1) of this section, |
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the department [comptroller] shall designate as a market area for |
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the games each area in which the department [comptroller] |
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determines there is a reasonable likelihood of measurable economic |
|
impact directly attributable to the preparation for and |
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presentation of the games and related events, including areas |
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likely to provide venues, accommodations, and services in |
|
connection with the games based on the proposal provided by the |
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local organizing committee under Section 7 of this Act. The |
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department [comptroller] shall determine the geographic boundaries |
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of each market area. Each endorsing municipality or endorsing |
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county that has been selected as the site for the games must be |
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included in a market area for the games. |
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(d) Subject to Section 6 of this Act, the comptroller, at |
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the direction of the department, shall retain, for the purpose of |
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guaranteeing the joint obligations of the state and an endorsing |
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municipality or endorsing county under a games support contract and |
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this Act, the amount of sales and use tax revenue and mixed beverage |
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tax revenue determined under Subsection (b)(2) or (b)(3) of this |
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section from the amounts otherwise required to be sent to the |
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municipality under Section 183.051(b) or 321.502, Tax Code, or to |
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the county under Section 183.051(b) or 323.502, Tax Code, beginning |
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with the first distribution of that tax revenue that occurs after |
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the date the department [comptroller] makes the determination of |
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the amount of sales and use tax revenue and mixed beverage tax |
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revenue under Subsection (b)(2) or (b)(3) of this section. The |
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comptroller shall discontinue retaining sales and use tax revenue |
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and mixed beverage tax revenue under this subsection on the earlier |
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of: |
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(1) the end of the third calendar month following the |
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month in which the closing event of the games occurs; or |
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(2) the date the amount of local sales and use tax |
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revenue and mixed beverage tax revenue in the Olympic Games trust |
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fund equals 14 percent of the maximum amount of state and local tax |
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revenue that may be deposited in the trust fund under Subsection (m) |
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of this section. |
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(f) Subject to Subsection (m) of this section, each |
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endorsing municipality or endorsing county shall remit to the |
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comptroller and the comptroller shall deposit into a trust fund |
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designated as the Olympic Games trust fund, on a quarterly basis, |
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the amount of the municipality's or county's hotel occupancy tax |
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revenue determined by the department under Subsection (b)(4) or |
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(b)(5) of this section, as applicable. Subject to Section 6 of this |
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Act and Subsection (m) of this section, the comptroller, at the |
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direction of the department, shall deposit into the trust fund the |
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amount of sales and use tax revenue and mixed beverage tax revenue |
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retained under Subsection (d) of this section for the same calendar |
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quarter and, at the same time, the state tax revenue determined by |
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the department under Subsection (b)(1) of this section for the |
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quarter. The Olympic Games trust fund is established outside the |
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treasury but is held in trust by the comptroller for the |
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administration of this Act. Money in the trust fund may be spent by |
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the department without appropriation only as provided by this Act. |
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The comptroller shall discontinue deposit of the amount of state |
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tax revenue determined by the department under Subsection (b)(1) of |
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this section on the earlier of: |
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(1) the end of the third calendar month following the |
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month in which the closing event of the games occurs; or |
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(2) the date the amount of state revenue in the Olympic |
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Games trust fund equals 86 percent of the maximum amount of state, |
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municipal, and county tax revenue that may be deposited in the trust |
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fund under Subsection (m) of this section. |
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(h) A local organizing committee shall provide information |
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required by the department [comptroller] to enable the department |
|
[comptroller] to fulfill the department's [comptroller's] duties |
|
under this Act, including annual audited statements of the local |
|
organizing committee's financial records required by a site |
|
selection organization and data obtained by the local organizing |
|
committee relating to attendance at the games and to the economic |
|
impact of the games. A local organizing committee must provide an |
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annual audited financial statement required by the department |
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[comptroller] not later than the end of the fourth month after the |
|
date the period covered by the financial statement ends. |
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(i) The department [comptroller] shall provide an estimate |
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before August 31 of the year that is 12 years before the year in |
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which the games would be held in this state, or as soon as practical |
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after that date, of the total amount of state, municipal, and county |
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tax revenue that would be deposited in the Olympic Games trust fund |
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if the games were to be held in this state at a site selected |
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pursuant to an application by a local organizing committee. The |
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department [comptroller] shall provide the estimate on request to a |
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local organizing committee. A local organizing committee may |
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submit the department's [comptroller's] estimate to a site |
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selection organization. |
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(j) The department may not make a disbursement from the |
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Olympic Games trust fund unless the department [comptroller] |
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certifies that the disbursement is for a purpose for which the state |
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and each endorsing municipality or endorsing county are jointly |
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obligated under a games support contract or other agreement |
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described by Subsection (g) of this section. A disbursement may not |
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be made from the trust fund that the department determines would be |
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used for the purpose of soliciting the relocation of a professional |
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sports franchise located in this state. |
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(k) If the department [comptroller] certifies under |
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Subsection (j) of this section that a disbursement may be made from |
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the Olympic Games trust fund, the obligation shall be satisfied |
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proportionately from the state and municipal or county revenue in |
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the trust fund. |
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(l) Two years after the closing event of the games, the |
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comptroller, at the direction of the department, shall transfer to |
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the general revenue fund any money remaining in the Olympic Games |
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trust fund, not to exceed the amount of state revenue remaining in |
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the trust fund, plus any interest earned on that state revenue. The |
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comptroller shall remit to each endorsing entity in proportion to |
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the amount contributed by the entity any money remaining in the |
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trust fund after the required amount is transferred to the general |
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revenue fund. |
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SECTION 4. Sections 5A(a)(1) and (2), Chapter 1507 (S.B. |
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456), Acts of the 76th Legislature, Regular Session, 1999 (Article |
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5190.14, Vernon's Texas Civil Statutes), are amended to read as |
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follows: |
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(1) "Endorsing county" means: |
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(A) a county that contains a site selected by a |
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site selection organization for one or more events; or |
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(B) a county that: |
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(i) does not contain a site selected by a |
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site selection organization for an event; |
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(ii) is included in the market area for the |
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event as designated by the department [comptroller]; and |
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(iii) is a party to an event support |
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contract. |
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(2) "Endorsing municipality" means: |
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(A) a municipality that contains a site selected |
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by a site selection organization for one or more events; or |
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(B) a municipality that: |
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(i) does not contain a site selected by a |
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site selection organization for an event; |
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(ii) is included in the market area for the |
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event as designated by the department [comptroller]; and |
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(iii) is a party to an event support |
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contract. |
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SECTION 5. Sections 5A(a-1), (a-2), (b), (b-1), (c), (d), |
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(d-1), (f), (i), (j), (k), (m), (p), (v), (w), and (y), Chapter 1507 |
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(S.B. 456), Acts of the 76th Legislature, Regular Session, 1999 |
|
(Article 5190.14, Vernon's Texas Civil Statutes), are amended to |
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read as follows: |
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(a-1) An event not listed in Subsection (a)(4) of this |
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section is ineligible for funding under this section. A listed |
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event may receive funding under this section only if: |
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(1) a site selection organization selects a site |
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located in this state for the event to be held one time or, for an |
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event scheduled to be held each year for a period of years under an |
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event contract, or an event support contract, one time each year for |
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the period of years, after considering, through a highly |
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competitive selection process, one or more sites that are not |
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located in this state; |
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(2) a site selection organization selects a site in |
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this state as: |
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(A) the sole site for the event; or |
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(B) the sole site for the event in a region |
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composed of this state and one or more adjoining states; |
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(3) the event is held not more than one time in any |
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year; and |
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(4) the amount of the incremental increase in tax |
|
receipts determined by the department [comptroller] under |
|
Subsection (b) of this section equals or exceeds $1 million, |
|
provided that for an event scheduled to be held each year for a |
|
period of years under an event contract or event support contract, |
|
the incremental increase in tax receipts shall be calculated as if |
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the event did not occur in the prior year. |
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(a-2) Subsection (a-1)(1) of this section does not apply to |
|
an event that is the largest event held each year at a sports |
|
entertainment venue in this state with a permanent seating |
|
capacity, including grandstand and premium seating, of not less |
|
than 125,000. If an endorsing municipality or endorsing county |
|
requests the department [comptroller] to make a determination under |
|
Subsection (b) of this section for an event described by this |
|
subsection, the provisions of this section apply to that event as if |
|
it satisfied the eligibility requirements for an event under |
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Subsection (a-1)(1) of this section. |
|
(b) If a site selection organization selects a site for an |
|
event in this state pursuant to an application by a local organizing |
|
committee, endorsing municipality, or endorsing county, upon |
|
request of a local organizing committee, endorsing municipality, or |
|
endorsing county, the department [comptroller] shall determine for |
|
a one-year period that begins two months before the date on which |
|
the event will begin, in accordance with procedures developed by |
|
the department [comptroller]: |
|
(1) the incremental increase in the receipts to the |
|
state from taxes imposed under Chapters 151, 152, 156, and 183, Tax |
|
Code, and under Title 5, Alcoholic Beverage Code, within the market |
|
areas designated under Subsection (c) of this section, that is |
|
directly attributable, as determined by the department |
|
[comptroller], to the preparation for and presentation of the event |
|
and related activities; |
|
(2) the incremental increase in the receipts collected |
|
by the state on behalf of each endorsing municipality in the market |
|
area from the sales and use tax imposed by each endorsing |
|
municipality under Section 321.101(a), Tax Code, and the mixed |
|
beverage tax revenue to be received by each endorsing municipality |
|
under Section 183.051(b), Tax Code, that is directly attributable, |
|
as determined by the department [comptroller], to the preparation |
|
for and presentation of the event and related activities; |
|
(3) the incremental increase in the receipts collected |
|
by the state on behalf of each endorsing county in the market area |
|
from the sales and use tax imposed by each endorsing county under |
|
Section 323.101(a), Tax Code, and the mixed beverage tax revenue to |
|
be received by each endorsing county under Section 183.051(b), Tax |
|
Code, that is directly attributable, as determined by the |
|
department [comptroller], to the preparation for and presentation |
|
of the event and related activities; |
|
(4) the incremental increase in the receipts collected |
|
by each endorsing municipality in the market area from the hotel |
|
occupancy tax imposed under Chapter 351, Tax Code, that is directly |
|
attributable, as determined by the department [comptroller], to the |
|
preparation for and presentation of the event and related |
|
activities; and |
|
(5) the incremental increase in the receipts collected |
|
by each endorsing county in the market area from the hotel occupancy |
|
tax imposed under Chapter 352, Tax Code, that is directly |
|
attributable, as determined by the department [comptroller], to the |
|
preparation for and presentation of the event and related |
|
activities. |
|
(b-1) A request for a determination of the amount of |
|
incremental increase in tax receipts specified by Subsection (b) of |
|
this section must be submitted to the department [comptroller] not |
|
earlier than one year and not later than 45 days before the date the |
|
event begins. The department [comptroller] shall base the |
|
determination specified by Subsection (b) of this section on |
|
information submitted by the local organizing committee, endorsing |
|
municipality, or endorsing county, and must make the determination |
|
not later than the 30th day after the date the department |
|
[comptroller] receives the request and related information. |
|
(c) For the purposes of Subsection (b)(1) of this section, |
|
the department [comptroller] shall designate as a market area for |
|
the event each area in which the department [comptroller] |
|
determines there is a reasonable likelihood of measurable economic |
|
impact directly attributable to the preparation for and |
|
presentation of the event and related activities, including areas |
|
likely to provide venues, accommodations, and services in |
|
connection with the event based on the proposal provided by the |
|
local organizing committee to the department [comptroller]. The |
|
department [comptroller] shall determine the geographic boundaries |
|
of each market area. An endorsing municipality or endorsing county |
|
that has been selected as the site for the event must be included in |
|
a market area for the event. |
|
(d) Each endorsing municipality or endorsing county shall |
|
remit to the comptroller and the comptroller shall deposit into a |
|
trust fund created by the comptroller and designated as the Major |
|
Events trust fund the amount of the municipality's or county's hotel |
|
occupancy tax revenue determined by the department under Subsection |
|
(b)(4) or (b)(5) of this section, less any amount of the revenue |
|
that the municipality or county determines is necessary to meet the |
|
obligations of the municipality or county. The comptroller, at the |
|
direction of the department, shall retain the amount of sales and |
|
use tax revenue and mixed beverage tax revenue determined by the |
|
department under Subsection (b)(2) or (b)(3) of this section from |
|
the amounts otherwise required to be sent to the municipality under |
|
Sections 321.502 and 183.051(b), Tax Code, or to the county under |
|
Sections 323.502 and 183.051(b), Tax Code, and deposit into the |
|
trust fund the tax revenues, less any amount of the revenue that the |
|
municipality or county determines is necessary to meet the |
|
obligations of the municipality or county. The comptroller shall |
|
begin retaining and depositing the local tax revenues with the |
|
first distribution of that tax revenue that occurs after the first |
|
day of the one-year period described by Subsection (b) of this |
|
section or at a time otherwise determined to be practicable by the |
|
department [comptroller] and shall discontinue retaining the local |
|
tax revenues under this subsection when the amount of the |
|
applicable tax revenue determined by the department under |
|
Subsection (b)(2) or (b)(3) of this section has been retained. The |
|
Major Events trust fund is established outside the state treasury |
|
and is held in trust by the comptroller for administration of this |
|
Act. Money in the trust fund may be disbursed by the department |
|
[comptroller] without appropriation only as provided by this |
|
section. |
|
(d-1) Not later than the 90th day after the last day of an |
|
event and in lieu of the local tax revenues remitted [to] or |
|
retained [by the comptroller] under Subsection (d) of this section, |
|
a municipality or county may remit to the comptroller for deposit in |
|
the Major Events trust fund other local funds in an amount equal to |
|
the total amount of local tax revenue determined by the department |
|
under Subsections (b)(2) through (5) of this section. The amount |
|
deposited by the comptroller into the Major Events trust fund under |
|
this subsection is subject to Subsection (f) of this section. |
|
(f) The comptroller, at the direction of the department, |
|
shall deposit into the Major Events trust fund a portion of the |
|
state tax revenue not to exceed the amount determined by the |
|
department under Subsection (b)(1) of this section in an amount |
|
equal to 6.25 times the amount of the local revenue retained or |
|
remitted under this section, including: |
|
(1) local sales and use tax revenue; |
|
(2) mixed beverage tax revenue; |
|
(3) hotel occupancy tax revenue; and |
|
(4) surcharge and user fee revenue. |
|
(i) A local organizing committee, endorsing municipality, |
|
or endorsing county shall provide information required by the |
|
department [comptroller] to enable the department [comptroller] to |
|
fulfill the department's [comptroller's] duties under this section, |
|
including annual audited statements of any financial records |
|
required by a site selection organization and data obtained by the |
|
local organizing committee, an endorsing municipality, or an |
|
endorsing county relating to attendance at the event, including an |
|
estimate of the number of people expected to attend the event who |
|
are not residents of this state, and to the economic impact of the |
|
event. A local organizing committee, endorsing municipality, or |
|
endorsing county must provide an annual audited financial statement |
|
required by the department [comptroller], if any, not later than |
|
the end of the fourth month after the date the period covered by the |
|
financial statement ends. After the conclusion of an event and on |
|
the department's [comptroller's] request, a local organizing |
|
committee, endorsing municipality, or endorsing county must |
|
provide information relating to the event, such as attendance |
|
figures, including an estimate of the number of attendees at the |
|
event who are not residents of this state, financial information, |
|
or other public information held by the local organizing committee, |
|
endorsing municipality, or endorsing county that the department |
|
[comptroller] considers necessary. |
|
(j) Not later than the 30th day after the date a request of a |
|
local organizing committee, endorsing municipality, or endorsing |
|
county is submitted to the department [comptroller] under |
|
Subsection (b-1) of this section, the department [comptroller] |
|
shall provide an estimate of the total amount of tax revenue that |
|
would be deposited in the Major Events trust fund under this section |
|
in connection with that event, if the event were to be held in this |
|
state at a site selected pursuant to an application by a local |
|
organizing committee, endorsing municipality, or endorsing |
|
county. A local organizing committee, endorsing municipality, or |
|
endorsing county may submit the department's [comptroller's] |
|
estimate to a site selection organization. |
|
(k) The department [comptroller] may make a disbursement |
|
from the Major Events trust fund on the prior approval of each |
|
contributing endorsing municipality or endorsing county for a |
|
purpose for which a local organizing committee, an endorsing |
|
municipality, or an endorsing county or the state is obligated |
|
under a game support contract or event support contract. If an |
|
obligation is incurred under a games support contract or event |
|
support contract to make a structural improvement to the site or to |
|
add a fixture to the site for purposes of an event and that |
|
improvement or fixture is expected to derive most of its value in |
|
subsequent uses of the site for future events, a disbursement from |
|
the trust fund made for purposes of that obligation is limited to |
|
five percent of the cost of the improvement or fixture and the |
|
remainder of the obligation is not eligible for a disbursement from |
|
the trust fund, unless the improvement or fixture is for a publicly |
|
owned facility. In considering whether to make a disbursement from |
|
the trust fund, the department [comptroller] may not consider a |
|
contingency clause in an event support contract as relieving a |
|
local organizing committee's, endorsing municipality's, or |
|
endorsing county's obligation to pay a cost under the contract. A |
|
disbursement may not be made from the trust fund that the department |
|
[comptroller] determines would be used for the purpose of |
|
soliciting the relocation of a professional sports franchise |
|
located in this state. |
|
(m) On payment of all state, municipal, or county |
|
obligations under a game support contract or event support contract |
|
related to the location of any particular event in the state, the |
|
comptroller, at the direction of the department, shall remit to |
|
each endorsing entity, in proportion to the amount contributed by |
|
the entity, any money remaining in the trust fund. |
|
(p) The department [comptroller] may not undertake any of |
|
the responsibilities or duties set forth in this section unless: |
|
(1) a request is submitted by the municipality or the |
|
county in which the event will be located; |
|
(2) the event meets all the requirements for funding |
|
under this section, including Subsection (a-1) of this section; and |
|
(3) the request is accompanied by documentation from a |
|
site selection organization selecting the site for the event. |
|
(v) The department [comptroller] may adopt rules necessary |
|
to implement this section. |
|
(w) Not later than 10 months after the last day of an event |
|
eligible for disbursements from the Major Events trust fund for |
|
costs associated with the event, the department [comptroller] using |
|
existing resources shall complete a study in the market area of |
|
the event on the measurable economic impact directly attributable |
|
to the preparation for and presentation of the event and related |
|
activities. The department [comptroller] shall post on the |
|
department's [comptroller's] Internet website: |
|
(1) the results of the study conducted under this |
|
subsection, including any source documentation or other |
|
information relied on by the department [comptroller] for the |
|
study; |
|
(2) the amount of incremental increase in tax receipts |
|
for the event determined by the department under Subsection (b) of |
|
this section; |
|
(3) the site selection organization documentation |
|
described in Subsection (p)(3) of this section; |
|
(4) any source documentation or information described |
|
under Subsection (i) of this section that was relied on by the |
|
department [comptroller] in making the determination of the amount |
|
of incremental increase in tax receipts under Subsection (b) of |
|
this section; and |
|
(5) documentation verifying that: |
|
(A) a request submitted by a local organizing |
|
committee, endorsing municipality, or endorsing county under |
|
Subsection (p) of this section is complete and certified as such by |
|
the department [comptroller]; |
|
(B) the determination on the amount of |
|
incremental increases in tax receipts under Subsection (b) of this |
|
section considered the information submitted by a local organizing |
|
committee, endorsing municipality, or endorsing county as required |
|
under Subsection (b-1) of this section; and |
|
(C) each deadline established under this section |
|
was timely met. |
|
(y) After the conclusion of an event, the department |
|
[comptroller] shall compare information on the actual attendance |
|
figures provided to the department [comptroller] under Subsection |
|
(i) of this section with the estimated attendance numbers used to |
|
determine the incremental increase in tax receipts under Subsection |
|
(b) of this section. If the actual attendance figures are |
|
significantly lower than the estimated attendance numbers, the |
|
department [comptroller] may reduce the amount of a disbursement |
|
for an endorsing entity under the Major Events trust fund in |
|
proportion to the discrepancy between the actual and estimated |
|
attendance and in proportion to the amount contributed to the fund |
|
by the entity. The department [comptroller] by rule shall define |
|
"significantly lower" for purposes of this subsection and provide |
|
the manner in which a disbursement may be proportionately |
|
reduced. This subsection does not affect the remittance of any |
|
money remaining in the fund in accordance with Subsection (m) of |
|
this section. |
|
SECTION 6. Sections 5B(b), (c), (d), (f), (i), (j), (k), |
|
(m), and (o), Chapter 1507 (S.B. 456), Acts of the 76th Legislature, |
|
Regular Session, 1999 (Article 5190.14, Vernon's Texas Civil |
|
Statutes), are amended to read as follows: |
|
(b) If a site selection organization selects a site for a |
|
motor sports racing event in this state pursuant to an application |
|
by a local organizing committee, endorsing municipality, or |
|
endorsing county, not later than three months before the date of the |
|
motor sports racing event, the department [comptroller] shall |
|
determine for the 30-day period that ends at the end of the day |
|
after the date on which the racing event will be held, in accordance |
|
with procedures developed by the department [comptroller]: |
|
(1) the incremental increase in the receipts to the |
|
state from taxes imposed under Chapters 151, 152, 156, and 183, Tax |
|
Code, and under Title 5, Alcoholic Beverage Code, within the market |
|
areas designated under Subsection (c) of this section, that is |
|
directly attributable, as determined by the department |
|
[comptroller], to the preparation for and presentation of the |
|
racing event; |
|
(2) the incremental increase in the receipts collected |
|
by the state on behalf of each endorsing municipality in the market |
|
area from the sales and use tax imposed by each endorsing |
|
municipality under Section 321.101(a), Tax Code, and the mixed |
|
beverage tax revenue to be received by each endorsing municipality |
|
under Section 183.051(b), Tax Code, that is directly attributable, |
|
as determined by the department [comptroller], to the preparation |
|
for and presentation of the racing event; |
|
(3) the incremental increase in the receipts collected |
|
by the state on behalf of each endorsing county in the market area |
|
from the sales and use tax imposed by each endorsing county under |
|
Section 323.101(a), Tax Code, and the mixed beverage tax revenue to |
|
be received by each endorsing county under Section 183.051(b), Tax |
|
Code, that is directly attributable, as determined by the |
|
department [comptroller], to the preparation for and presentation |
|
of the racing event; |
|
(4) the incremental increase in the receipts collected |
|
by each endorsing municipality in the market area from the hotel |
|
occupancy tax imposed under Chapter 351, Tax Code, that is directly |
|
attributable, as determined by the department [comptroller], to the |
|
preparation for and presentation of the racing event; and |
|
(5) the incremental increase in the receipts collected |
|
by each endorsing county in the market area from the hotel occupancy |
|
tax imposed under Chapter 352, Tax Code, that is directly |
|
attributable, as determined by the department [comptroller], to the |
|
preparation for and presentation of the racing event. |
|
(c) For the purposes of Subsection (b)(1) of this section, |
|
the department [comptroller] shall designate as a market area for |
|
the motor sports racing event each area in which the department |
|
[comptroller] determines there is a reasonable likelihood of |
|
measurable economic impact directly attributable to the |
|
preparation for and presentation of the racing event, including |
|
areas likely to provide venues, accommodations, and services in |
|
connection with the racing event based on a proposal or other |
|
information provided by an endorsing municipality, endorsing |
|
county, or local organizing committee to the department |
|
[comptroller]. The department [comptroller] shall determine the |
|
geographic boundaries of each market area. An endorsing |
|
municipality or endorsing county that has been selected as the site |
|
for the racing event must be included in a market area for the |
|
racing event. |
|
(d) Each endorsing municipality or endorsing county shall |
|
remit to the comptroller and the comptroller shall deposit into a |
|
trust fund created by the comptroller and designated as the Motor |
|
Sports Racing trust fund for the particular event the amount of the |
|
municipality's or county's hotel occupancy tax revenue determined |
|
by the department under Subsection (b)(4) or (5) of this section, |
|
less any amount of the revenue that the municipality or county |
|
determines is necessary to meet the obligations of the municipality |
|
or county. The comptroller, at the direction of the department, |
|
shall retain the amount of sales and use tax revenue and mixed |
|
beverage tax revenue determined by the department under Subsection |
|
(b)(2) or (3) of this section from the amounts otherwise required to |
|
be sent to the municipality under Sections 321.502 and 183.051(b), |
|
Tax Code, or to the county under Sections 323.502 and 183.051(b), |
|
Tax Code, and deposit into the trust fund the tax revenues, less any |
|
amount of the revenue that the municipality or county determines is |
|
necessary to meet the obligations of the municipality or county. |
|
The comptroller shall begin retaining and depositing the local tax |
|
revenues with the first distribution of that tax revenue that |
|
occurs after the first day of the 30-day period described by |
|
Subsection (b) of this section and shall discontinue retaining the |
|
local tax revenues under this subsection when the amount of the |
|
applicable tax revenue determined under Subsection (b)(2) or (3) of |
|
this section has been retained. The Motor Sports Racing trust fund |
|
is established outside the state treasury and is held in trust by |
|
the comptroller for administration of this section. Money in the |
|
trust fund may be disbursed by the department [comptroller] without |
|
appropriation only as provided by this section. |
|
(f) The comptroller, at the direction of the department, |
|
shall deposit a portion of the state tax revenue determined by the |
|
department under Subsection (b)(1) of this section in an amount |
|
equal to 6.25 times the amount of the local sales and use tax |
|
revenue and mixed beverage tax revenue retained and the hotel |
|
occupancy tax revenue remitted by an endorsing municipality or |
|
endorsing county under Subsection (d) of this section. |
|
(i) A local organizing committee, endorsing municipality, |
|
or endorsing county shall provide information required by the |
|
department [comptroller] to enable the department [comptroller] to |
|
fulfill the department's [comptroller's] duties under this section, |
|
including annual audited statements of any financial records |
|
required by a site selection organization and data obtained by the |
|
local organizing committee, an endorsing municipality, or an |
|
endorsing county relating to attendance at the motor sports racing |
|
event and to the economic impact of the racing event. A local |
|
organizing committee, endorsing municipality, or endorsing county |
|
must provide an annual audited financial statement required by the |
|
department [comptroller], if any, not later than the end of the |
|
fourth month after the date the period covered by the financial |
|
statement ends. |
|
(j) The department [comptroller] shall provide an estimate |
|
not later than three months before the date of a motor sports racing |
|
event of the total amount of tax revenue that would be deposited in |
|
the Motor Sports Racing trust fund under this section in connection |
|
with that racing event, if the racing event were to be held in this |
|
state at a site selected pursuant to an application by a local |
|
organizing committee, endorsing municipality, or endorsing county. |
|
The department [comptroller] shall provide the estimate on request |
|
to a local organizing committee, endorsing municipality, or |
|
endorsing county. A local organizing committee, endorsing |
|
municipality, or endorsing county may submit the department's |
|
[comptroller's] estimate to a site selection organization. |
|
(k) The department [comptroller] may make a disbursement |
|
from the Motor Sports Racing trust fund on the prior approval of |
|
each contributing endorsing municipality or endorsing county for a |
|
purpose for which an endorsing municipality or endorsing county or |
|
the state is obligated under a motor sports racing event support |
|
contract or event support contract. A disbursement may not be made |
|
from the trust fund that the department [comptroller] determines |
|
would be used for the purpose of soliciting the relocation of a |
|
professional sports franchise located in this state. |
|
(m) On payment of all state, municipal, or county |
|
obligations under a motor sports racing support contract or event |
|
support contract related to the location of any particular racing |
|
event in the state, the comptroller, at the direction of the |
|
department, shall remit to each endorsing entity, in proportion to |
|
the amount contributed by the entity, any money remaining in the |
|
trust fund. |
|
(o) The department [comptroller] may not undertake any of |
|
the responsibilities or duties set forth in this section unless a |
|
request is submitted by the municipality and the county in which the |
|
motor sports racing event will be held. The request must be |
|
accompanied by documentation from a site selection organization |
|
selecting the site for the racing event. |
|
SECTION 7. Sections 5C(b), (b-1), (c), (c-1), (d), (d-1), |
|
(f), (i), (j), (k), (k-1), (m), (o), (p), (q), (r), and (t), Chapter |
|
1507 (S.B. 456), Acts of the 76th Legislature, Regular Session, |
|
1999 (Article 5190.14, Vernon's Texas Civil Statutes), are amended |
|
to read as follows: |
|
(b) If a site selection organization selects a site for an |
|
event in this state pursuant to an application by a local organizing |
|
committee, endorsing municipality, or endorsing county, not later |
|
than three months before the date of the event, the department |
|
[comptroller] shall determine for the 30-day period that ends at |
|
the end of the day after the date on which the event will be held or, |
|
if the event occurs on more than one day, after the last date on |
|
which the event will be held, in accordance with procedures |
|
developed by the department [comptroller]: |
|
(1) the incremental increase in the receipts to this |
|
state from taxes imposed under Chapters 151, 152, 156, and 183, Tax |
|
Code, and under Title 5, Alcoholic Beverage Code, within the market |
|
areas designated under Subsection (c) of this section, that is |
|
directly attributable, as determined by the department |
|
[comptroller], to the preparation for and presentation of the event |
|
and related activities; |
|
(2) the incremental increase in the receipts collected |
|
by this state on behalf of each endorsing municipality in the market |
|
area from the sales and use tax imposed by each endorsing |
|
municipality under Section 321.101(a), Tax Code, and the mixed |
|
beverage tax revenue to be received by each endorsing municipality |
|
under Section 183.051(b), Tax Code, that is directly attributable, |
|
as determined by the department [comptroller], to the preparation |
|
for and presentation of the event and related activities; |
|
(3) the incremental increase in the receipts collected |
|
by this state on behalf of each endorsing county in the market area |
|
from the sales and use tax imposed by each endorsing county under |
|
Section 323.101(a), Tax Code, and the mixed beverage tax revenue to |
|
be received by each endorsing county under Section 183.051(b), Tax |
|
Code, that is directly attributable, as determined by the |
|
department [comptroller], to the preparation for and presentation |
|
of the event and related activities; |
|
(4) the incremental increase in the receipts collected |
|
by each endorsing municipality in the market area from the hotel |
|
occupancy tax imposed under Chapter 351, Tax Code, that is directly |
|
attributable, as determined by the department [comptroller], to the |
|
preparation for and presentation of the event and related |
|
activities; and |
|
(5) the incremental increase in the receipts collected |
|
by each endorsing county in the market area from the hotel occupancy |
|
tax imposed under Chapter 352, Tax Code, that is directly |
|
attributable, as determined by the department [comptroller], to the |
|
preparation for and presentation of the event and related |
|
activities. |
|
(b-1) The number of requests for funding under this section |
|
that may be submitted by an endorsing county or endorsing |
|
municipality during any 12-month period for an event for which the |
|
department [comptroller] determines that the total amount of the |
|
incremental increase in tax receipts under Subsection (b) of this |
|
section is less than $200,000 is limited to, during any 12-month |
|
period, not more than 10 events, only three of which may be |
|
nonsporting events. |
|
(c) For the purposes of Subsection (b)(1) of this section, |
|
the department [comptroller] shall designate as a market area for |
|
the event each area in which the department [comptroller] |
|
determines there is a reasonable likelihood of measurable economic |
|
impact directly attributable to the preparation for and |
|
presentation of the event and related activities, including areas |
|
likely to provide venues, accommodations, and services in |
|
connection with the event based on the proposal provided by the |
|
local organizing committee to the department [comptroller]. The |
|
department [comptroller] shall determine the geographic boundaries |
|
of each market area. An endorsing municipality or endorsing county |
|
that has been selected as the site for the event must be included in |
|
a market area for the event. |
|
(c-1) The department [comptroller] shall base the |
|
determination specified by Subsection (b) of this section on |
|
information submitted by the local organizing committee, endorsing |
|
municipality, or endorsing county, and must make the determination |
|
not later than the 30th day after the date the department |
|
[comptroller] receives the information. |
|
(d) Each endorsing municipality or endorsing county shall |
|
remit to the comptroller and the comptroller shall deposit into a |
|
trust fund created by the comptroller and designated as the Events |
|
trust fund the amount of the municipality's or county's hotel |
|
occupancy tax revenue determined by the department under Subsection |
|
(b)(4) or (5) of this section, less any amount of the revenue that |
|
the municipality or county determines is necessary to meet the |
|
obligations of the municipality or county. The comptroller, at the |
|
direction of the department, shall retain the amount of sales and |
|
use tax revenue and mixed beverage tax revenue determined by the |
|
department under Subsection (b)(2) or (3) of this section from the |
|
amounts otherwise required to be sent to the municipality under |
|
Sections 321.502 and 183.051(b), Tax Code, or to the county under |
|
Sections 323.502 and 183.051(b), Tax Code, and deposit into the |
|
trust fund the tax revenues, less any amount of the revenue that the |
|
municipality or county determines is necessary to meet the |
|
obligations of the municipality or county. The comptroller shall |
|
begin retaining and depositing the local tax revenues with the |
|
first distribution of that tax revenue that occurs after the first |
|
day of the period described by Subsection (b) of this section or at |
|
a time otherwise determined to be practicable by the department |
|
[comptroller] and shall discontinue retaining the local tax |
|
revenues under this subsection when the amount of the applicable |
|
tax revenue determined by the department under Subsection (b)(2) or |
|
(3) of this section has been retained. The Events trust fund is |
|
established outside the state treasury and is held in trust by the |
|
comptroller for administration of this section. Money in the trust |
|
fund may be disbursed by the department [comptroller] without |
|
appropriation only as provided by this section. |
|
(d-1) Not later than the 90th day after the last day of an |
|
event and in lieu of the local tax revenues remitted [to] or |
|
retained [by the comptroller] under Subsection (d) of this section, |
|
a municipality or county may remit to the comptroller for deposit in |
|
the Events trust fund other local funds in an amount equal to the |
|
total amount of local tax revenue determined by the department |
|
under Subsections (b)(2) through (5) of this section. The amount |
|
deposited [by the comptroller] into the Events trust fund under |
|
this subsection is subject to Subsection (f) of this section. |
|
(f) The comptroller, at the direction of the department, |
|
shall deposit into the Events trust fund a portion of the state tax |
|
revenue not to exceed the amount determined by the department under |
|
Subsection (b)(1) of this section in an amount equal to 6.25 times |
|
the amount of the local tax revenue retained or remitted under this |
|
section, including: |
|
(1) local sales and use tax revenue; |
|
(2) mixed beverage tax revenue; |
|
(3) hotel occupancy tax revenue; and |
|
(4) surcharge and user fee revenue. |
|
(i) A local organizing committee, endorsing municipality, |
|
or endorsing county shall provide information required by the |
|
department [comptroller] to enable the department [comptroller] to |
|
fulfill the department's [comptroller's] duties under this section, |
|
including annual audited statements of any financial records |
|
required by a site selection organization and data obtained by the |
|
local organizing committee, an endorsing municipality, or an |
|
endorsing county relating to attendance at the event, including an |
|
estimate of the number of people expected to attend the event who |
|
are not residents of this state, and to the economic impact of the |
|
event. A local organizing committee, endorsing municipality, or |
|
endorsing county must provide an annual audited financial statement |
|
required by the department [comptroller], if any, not later than |
|
the end of the fourth month after the date the period covered by the |
|
financial statement ends. After the conclusion of an event and on |
|
the department's [comptroller's] request, a local organizing |
|
committee, endorsing municipality, or endorsing county must |
|
provide information relating to the event, such as attendance |
|
figures, including an estimate of the number of people who are not |
|
residents of this state who attended the event, financial |
|
information, or other public information held by the local |
|
organizing committee, endorsing municipality, or endorsing county |
|
that the department [comptroller] considers necessary. |
|
(j) The department [comptroller] shall provide an estimate |
|
not later than three months before the date of an event of the total |
|
amount of tax revenue that would be deposited in the Events trust |
|
fund under this section in connection with that event, if the event |
|
were to be held in this state at a site selected pursuant to an |
|
application by a local organizing committee, endorsing |
|
municipality, or endorsing county. The department [comptroller] |
|
shall provide the estimate on request to a local organizing |
|
committee, endorsing municipality, or endorsing county. A local |
|
organizing committee, endorsing municipality, or endorsing county |
|
may submit the department's [comptroller's] estimate to a site |
|
selection organization. |
|
(k) The department [comptroller] may make a disbursement |
|
from the Events trust fund on the prior approval of each |
|
contributing endorsing municipality or endorsing county for a |
|
purpose for which a local organizing committee, an endorsing |
|
municipality, or an endorsing county or this state is obligated |
|
under an event support contract, including an obligation to pay |
|
costs incurred in the conduct of the event and costs incurred in |
|
making preparations necessary for the event. If an obligation is |
|
incurred under an event support contract to make a structural |
|
improvement to the site or to add a fixture to the site for purposes |
|
of an event and that improvement or fixture is expected to derive |
|
most of its value in subsequent uses of the site for future events, |
|
a disbursement from the trust fund made for purposes of that |
|
obligation is limited to five percent of the cost of the improvement |
|
or fixture and the remainder of the obligation is not eligible for a |
|
disbursement from the trust fund, unless the improvement or fixture |
|
is for a publicly owned facility. In considering whether to make a |
|
disbursement from the trust fund, the department [comptroller] may |
|
not consider a contingency clause in an event support contract as |
|
relieving a local organizing committee's, endorsing |
|
municipality's, or endorsing county's obligation to pay a cost |
|
under the contract. |
|
(k-1) A disbursement may not be made from the trust fund |
|
that the department [comptroller] determines would be used for the |
|
purpose of: |
|
(1) soliciting the relocation of a professional sports |
|
franchise located in this state; |
|
(2) constructing an arena, stadium, or convention |
|
center; or |
|
(3) conducting usual and customary maintenance of a |
|
facility. |
|
(m) On payment of all state, municipal, or county |
|
obligations under an event support contract related to the location |
|
of any particular event in this state, the comptroller, at the |
|
direction of the department, shall remit to each endorsing entity, |
|
in proportion to the amount contributed by the entity, any money |
|
remaining in the Events trust fund. |
|
(o) The department [comptroller] may not undertake any of |
|
the responsibilities or duties set forth in this section unless a |
|
request is submitted by the municipality or the county in which the |
|
event will be located. The request must be accompanied by |
|
documentation from a site selection organization selecting the site |
|
for the event. |
|
(p) The department [comptroller] may adopt rules necessary |
|
to implement this section. |
|
(q) In determining the amount of state revenue available |
|
under Subsection (b)(1) of this section, the department |
|
[comptroller] may consider whether: |
|
(1) the event has been held in this state on previous |
|
occasions; and |
|
(2) changes to the character of the event could affect |
|
the incremental increase in receipts collected and remitted to the |
|
state by an endorsing county or endorsing municipality under that |
|
subsection. |
|
(r) The department [comptroller] may adopt a model event |
|
support contract and make the contract available on the |
|
department's [comptroller's] Internet website. The adoption by |
|
the department [comptroller] of a model event support contract |
|
under this subsection does not require use of the model event |
|
support contract for purposes of this section. |
|
(t) After the conclusion of an event, the department |
|
[comptroller] shall compare information on the actual attendance |
|
figures provided to the department [comptroller] under Subsection |
|
(i) of this section with the estimated attendance numbers used to |
|
determine the incremental increase in tax receipts under Subsection |
|
(b) of this section. If the actual attendance figures are |
|
significantly lower than the estimated attendance numbers, the |
|
department [comptroller] may reduce the amount of a disbursement |
|
for an endorsing entity under the Events trust fund in proportion to |
|
the discrepancy between the actual and estimated attendance and in |
|
proportion to the amount contributed to the fund by the entity. The |
|
department [comptroller] by rule shall define "significantly |
|
lower" for purposes of this subsection and provide the manner in |
|
which a disbursement may be proportionately reduced. This |
|
subsection does not affect the remittance of any money remaining in |
|
the fund in accordance with Subsection (m) of this section. |
|
SECTION 8. Section 6(b), Chapter 1507 (S.B. 456), Acts of |
|
the 76th Legislature, Regular Session, 1999 (Article 5190.14, |
|
Vernon's Texas Civil Statutes), is amended to read as follows: |
|
(b) If an endorsing municipality or endorsing county is |
|
required to hold an election under this section and the |
|
contribution of a portion of the municipality's or county's sales |
|
and use taxes to the Olympic Games trust fund under Section 5 of |
|
this Act is not approved by a majority of the voters voting in the |
|
election: |
|
(1) the comptroller may not establish the Olympic |
|
Games trust fund under Section 5 of this Act, may not retain the |
|
municipality's or county's tax revenue under Section 5(d) of this |
|
Act from amounts otherwise required to be sent to that municipality |
|
or county, and may not deposit any state tax revenue into the trust |
|
fund; |
|
(2) the department [comptroller] is not required to |
|
determine the incremental increase in state, county, or municipal |
|
tax revenue under Section 5(b) of this Act; and |
|
(3) the department may not enter into a games support |
|
contract relating to the games for which the municipality or county |
|
has authorized a bid on its behalf. |
|
SECTION 9. The following laws are repealed: |
|
(1) Section 5C(s), Chapter 1507 (S.B. 456), Acts of |
|
the 76th Legislature, Regular Session, 1999 (Article 5190.14, |
|
Vernon's Texas Civil Statutes); and |
|
(2) Chapter 398, Local Government Code. |
|
SECTION 10. As soon as is practicable after the effective |
|
date of this Act, but not later than September 10, 2015, the office |
|
of the governor and the comptroller of public accounts shall |
|
develop and adopt a memorandum of understanding that: |
|
(1) identifies in detail the applicable powers and |
|
duties of the comptroller that are being transferred to the office |
|
of the governor as a result of this Act; and |
|
(2) establishes a plan for the identification and |
|
transfer of records, property, and unspent appropriations of the |
|
comptroller that are used for purposes of managing the funds |
|
transferred to the office of the governor. |
|
SECTION 11. (a) Not later than September 10, 2015: |
|
(1) the administration of the Pan American Games trust |
|
fund, Olympic Games trust fund, Major Events trust fund, Motor |
|
Sports Racing trust fund, and Events trust fund for sporting and |
|
non-sporting events shall be transferred from the comptroller of |
|
public accounts to the Texas Economic Development and Tourism |
|
Office; |
|
(2) all rules, forms, policies, procedures, or |
|
decisions of the comptroller that are related to the Pan American |
|
Games trust fund, Olympic Games trust fund, Major Events trust |
|
fund, Motor Sports Racing trust fund, and Events trust fund for |
|
sporting and non-sporting events are continued in effect as rules, |
|
forms, policies, procedures, or decisions of the economic |
|
development and tourism division, office of the governor, until |
|
superseded by a rule or other appropriate act of the Texas Economic |
|
Development and Tourism Office; and |
|
(3) a reference in law or administrative rule to the |
|
comptroller relating to the decisions for and administration of the |
|
Pan American Games trust fund, Olympic Games trust fund, Major |
|
Events trust fund, Motor Sports Racing trust fund, and Events trust |
|
fund for sporting and non-sporting events, other than a duty |
|
typically performed by the comptroller related to a state fund, |
|
means the Texas Economic Development and Tourism Office. |
|
(b) Before the transfer of the administration of the Pan |
|
American Games trust fund, Olympic Games trust fund, Major Events |
|
trust fund, Motor Sports Racing trust fund, and Events trust fund |
|
for sporting and non-sporting events, the comptroller and the Texas |
|
Economic Development and Tourism Office shall coordinate the |
|
transfer of powers and duties, including records and other items, |
|
in accordance with the memorandum of understanding adopted under |
|
Section 10 of this Act, to ensure a smooth transition. |
|
SECTION 12. Notwithstanding the repeal by this Act of |
|
Chapter 398, Local Government Code, a special event plan approved |
|
under former Chapter 398 of that code before September 1, 2015, is |
|
governed by the law as it existed immediately before the effective |
|
date of this Act, and that law is continued in effect for that |
|
purpose. |
|
SECTION 13. This Act takes effect September 1, 2015. |