|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to a pan american games trust fund, an olympic games trust |
|
fund, a major events trust fund, a motor sports racing trust fund, |
|
an events trust fund for sporting and non-sporting events, and a |
|
special event trust fund. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 4, Chapter 1507 (S.B. 456), Acts of the |
|
76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon's |
|
Texas Civil Statutes), is amended by amending Subsections (b), (c), |
|
(d), (f), (h), (j), and (k) to read as follows: |
|
(b) If a site selection organization selects a site for the |
|
games in this state pursuant to an application by a local organizing |
|
committee acting on behalf of an endorsing municipality, 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, the |
|
department[comptroller] shall determine for each subsequent |
|
calendar quarter, in accordance with procedures developed by the |
|
department[comptroller]: |
|
(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 |
|
is directly attributable, as determined by the |
|
department[comptroller], to the preparation for and presentation |
|
of the games and related events; |
|
(2) the incremental increase in the receipts collected |
|
by the state on behalf of the endorsing municipality from the sales |
|
and use tax imposed by the endorsing municipality under Section |
|
321.101(a), Tax Code, that is directly attributable, as determined |
|
by the department[comptroller], to the preparation for and |
|
presentation of the games and related events; and |
|
(3) the incremental increase in the receipts collected |
|
by the endorsing municipality from the municipality's 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 games and related events. |
|
(c) For the purposes of Subsection (b)(1) of this section, |
|
the department[comptroller] shall designate as a market area for |
|
the games 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 games and related events, including areas likely to provide |
|
venues, accommodations, and services in connection with the games |
|
based on the proposal provided by the local organizing committee |
|
under Section 7 of this Act. The department[comptroller] shall |
|
determine the geographic boundaries of each market area. The |
|
endorsing municipality that has been selected as the site for the |
|
games must be included in a market area for the games. |
|
(d) The comptroller, at the direction of the department, |
|
shall retain, for the purpose of guaranteeing the joint obligations |
|
of the state and the endorsing municipality under a games support |
|
contract and this Act, the amount of municipal sales and use tax |
|
revenue determined under Subsection (b)(2) of this section from the |
|
amounts otherwise required to be sent to the municipality under |
|
Section 321.502, Tax Code, beginning with the first distribution of |
|
that tax revenue that occurs after the date the |
|
department[comptroller] makes the determination of the amount of |
|
municipal sales and use tax revenue under Subsection (b)(2). The |
|
comptroller shall discontinue retaining municipal sales and use tax |
|
revenue under this subsection on the earlier of: |
|
(1) the end of the third calendar month following the |
|
month in which the closing event of the games occurs; or |
|
(2) the date the amount of municipal sales and use tax |
|
revenue and municipal hotel occupancy tax revenue in the Pan |
|
American Games trust fund equals 14 percent of the maximum amount of |
|
state and municipal tax revenue that may be deposited in the trust |
|
fund under Subsection (m) of this section. |
|
(f) Subject to Subsection (m) of this section, the |
|
department[comptroller] shall deposit into a trust fund designated |
|
as the Pan American Games trust fund the amount of municipal sales |
|
and use tax revenue retained under Subsection (d) of this section |
|
and, at the same time, a portion of the state tax revenue determined |
|
under Subsection (b)(1) of this section in an amount equal to 6.25 |
|
times the amount of that municipal sales and use tax revenue. |
|
Subject to Subsection (m) of this section, the endorsing |
|
municipality shall deposit into the trust fund the amount of the |
|
endorsing municipality's hotel occupancy tax revenue determined |
|
under Subsection (b)(3) of this section. The endorsing municipality |
|
shall deposit that hotel occupancy tax revenue into the trust fund |
|
at least quarterly. When the endorsing municipality makes a deposit |
|
of its hotel occupancy tax revenue, the comptroller, at the |
|
direction of the department, shall deposit at the same time a |
|
portion of the state tax revenue determined under Subsection (b)(1) |
|
of this section in an amount equal to 6.25 times the amount of that |
|
municipal hotel occupancy tax revenue. The Pan American Games trust |
|
fund is established outside the treasury but is held in trust by the |
|
department[comptroller] for the administration of this Act. Money |
|
in the trust fund may be spent by the department without |
|
appropriation only as provided by this Act. The comptroller shall |
|
discontinue depositing into the trust fund any state tax revenue |
|
determined under Subsection (b)(1) of this section on the earlier |
|
of: |
|
(1) the end of the third calendar month following the |
|
month in which the closing event of the games occurs; or |
|
(2) the date on which the amount of state revenue in |
|
the Pan American Games trust fund equals 86 percent of the maximum |
|
amount of state and municipal tax revenue that may be deposited in |
|
the trust fund under Subsection (m) of this section. |
|
(h) A local organizing committee shall provide information |
|
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 |
|
annual audited financial statement required by the |
|
department[comptroller] not later than the end of the fourth month |
|
after the date the period covered by the financial statement ends. |
|
(j) The department may not make a disbursement from the Pan |
|
American Games trust fund unless the department[comptroller] |
|
certifies that the disbursement is for a purpose for which the state |
|
and the endorsing municipality are jointly obligated under a games |
|
support contract or other agreement described by Subsection (g) of |
|
this section. |
|
(k) If the department[comptroller] certifies under |
|
Subsection (j) of this section that a disbursement may be made from |
|
the Pan American Games trust fund, the obligation shall be |
|
satisfied first out of municipal revenue deposited in the trust |
|
fund and any interest earned on that municipal revenue. If the |
|
municipal revenue is not sufficient to satisfy the entire deficit, |
|
state revenue deposited into the trust fund and any interest earned |
|
on that state revenue shall be used to satisfy the portion of the |
|
deficit not covered by the municipal revenue. |
|
SECTION 2. Subsection (i), Section 4, Chapter 1507 (S.B. |
|
456), Acts of the 76th Legislature, Regular Session, 1999 (Article |
|
5190.14, Vernon's Texas Civil Statutes), as amended by Chapters 579 |
|
(H.B. 1675) and 814 (S.B. 275), Acts of the 78th Legislature, |
|
Regular Session, 2003, is reenacted and amended to read as follows: |
|
(i) The department[comptroller] shall provide an estimate |
|
not later than September 1 of the year that is eight years before |
|
the year in which the games would be held in this state of the total |
|
amount of state and municipal tax revenue that would be deposited in |
|
the Pan American Games trust fund before January 1 of the year |
|
following the year in which the games would be held, if the games |
|
were to be held in this state at a site selected pursuant to an |
|
application by a local organizing committee. The |
|
department[comptroller] shall provide the estimate on request to a |
|
local organizing committee. A local organizing committee may submit |
|
the department's[comptroller's] estimate to a site selection |
|
organization. |
|
SECTION 3. Subsection (l), Section 4, Chapter 1507 (S.B. |
|
456), Acts of the 76th Legislature, Regular Session, 1999 (Article |
|
5190.14, Vernon's Texas Civil Statutes), as amended by Chapters 579 |
|
(H.B. 1675) and 814 (S.B. 275), Acts of the 78th Legislature, |
|
Regular Session, 2003, is reenacted and amended to read as follows: |
|
(l) On January 1 of the second year following the year in |
|
which the games are held in this state, the department[comptroller] |
|
shall transfer to the general revenue fund any money remaining in |
|
the Pan American Games trust fund, not to exceed the amount of state |
|
revenue remaining in the trust fund, plus any interest earned on |
|
that state revenue. The department[comptroller] shall remit to the |
|
endorsing municipality any money remaining in the trust fund after |
|
the required amount is transferred to the general revenue fund. |
|
SECTION 4. Section 5, Chapter 1507 (S.B. 456), Acts of the |
|
76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon's |
|
Texas Civil Statutes), is amended by amending Subsections (b), (c), |
|
(d), (f), (h), (i), (j), (k), and (l) to read as follows: |
|
(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, the |
|
department[comptroller] shall determine for each subsequent |
|
calendar quarter, in accordance with procedures developed by the |
|
department[comptroller]: |
|
(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 |
|
is directly attributable, as determined by the |
|
department[comptroller], to the preparation for and presentation |
|
of the games and related events; |
|
(2) the incremental increase in the receipts collected |
|
by the state on behalf of each endorsing municipality from the sales |
|
and use tax imposed by the endorsing municipality under Section |
|
321.101(a), Tax Code, and the mixed beverage tax revenue to be |
|
received by the 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 games and related events; |
|
(3) the incremental increase in the receipts collected |
|
by the state on behalf of each endorsing county from the sales and |
|
use tax imposed by the county under Section 323.101(a), Tax Code, |
|
and the mixed beverage tax revenue to be received by the 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 games and related events; |
|
(4) the incremental increase in the receipts collected |
|
by each endorsing municipality 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 games and related events; and |
|
(5) the incremental increase in the receipts collected |
|
by each endorsing county 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 games and related events. |
|
(c) For the purposes of Subsection (b)(1) of this section, |
|
the department[comptroller] shall designate as a market area for |
|
the games 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 games and related events, including areas likely to provide |
|
venues, accommodations, and services in connection with the games |
|
based on the proposal provided by the local organizing committee |
|
under Section 7 of this Act. The department[comptroller] shall |
|
determine the geographic boundaries of each market area. Each |
|
endorsing municipality or endorsing county that has been selected |
|
as the site for the games must be included in a market area for the |
|
games. |
|
(d) Subject to Section 6 of this Act, the comptroller, at |
|
the direction of the department, shall retain, for the purpose of |
|
guaranteeing the joint obligations of the state and an endorsing |
|
municipality or endorsing county under a games support contract and |
|
this Act, the amount of sales and use tax revenue and mixed beverage |
|
tax revenue determined under Subsection (b)(2) or (b)(3) of this |
|
section from the amounts otherwise required to be sent to the |
|
municipality under Section 183.051(b) or 321.502, Tax Code, or to |
|
the county under Section 183.051(b) or 323.502, Tax Code, beginning |
|
with the first distribution of that tax revenue that occurs after |
|
the date the department[comptroller] makes the determination of the |
|
amount of sales and use tax revenue and mixed beverage tax revenue |
|
under Subsection (b)(2) or (b)(3) of this section. The comptroller |
|
shall discontinue retaining sales and use tax revenue and mixed |
|
beverage tax revenue under this subsection on the earlier of: |
|
(1) the end of the third calendar month following the |
|
month in which the closing event of the games occurs; or |
|
(2) the date the amount of local sales and use tax |
|
revenue and mixed beverage tax revenue in the Olympic Games trust |
|
fund equals 14 percent of the maximum amount of state and local tax |
|
revenue that may be deposited in the trust fund under Subsection (m) |
|
of this section. |
|
(f) Subject to Subsection (m) of this section, each |
|
endorsing municipality or endorsing county shall remit to the |
|
department[comptroller] and the department[comptroller] shall |
|
deposit into a trust fund designated as the Olympic Games trust |
|
fund, on a quarterly basis, the amount of the municipality's or |
|
county's hotel occupancy tax revenue determined under Subsection |
|
(b)(4) or (b)(5) of this section, as applicable. Subject to Section |
|
6 of this Act and Subsection (m) of this section, the comptroller, |
|
at the direction of the department, shall deposit into the trust |
|
fund the amount of sales and use tax revenue and mixed beverage tax |
|
revenue retained under Subsection (d) of this section for the same |
|
calendar quarter and, at the same time, the state tax revenue |
|
determined under Subsection (b)(1) of this section for the quarter. |
|
The Olympic Games trust fund is established outside the treasury |
|
but is held in trust by the department[comptroller] for the |
|
administration of this Act. Money in the trust fund may be spent by |
|
the department without appropriation only as provided by this Act. |
|
The comptroller shall discontinue deposit of the amount of state |
|
tax revenue determined under Subsection (b)(1) of this section on |
|
the earlier of: |
|
(1) the end of the third calendar month following the |
|
month in which the closing event of the games occurs; or |
|
(2) the date the amount of state revenue in the Olympic |
|
Games trust fund equals 86 percent of the maximum amount of state, |
|
municipal, and county tax revenue that may be deposited in the trust |
|
fund under Subsection (m) of this section. |
|
(h) A local organizing committee shall provide information |
|
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 |
|
annual audited financial statement required by the |
|
department[comptroller] not later than the end of the fourth month |
|
after the date the period covered by the financial statement ends. |
|
(i) The department[comptroller] shall provide an estimate |
|
before August 31 of the year that is 12 years before the year in |
|
which the games would be held in this state, or as soon as practical |
|
after that date, of the total amount of state, municipal, and county |
|
tax revenue that would be deposited in the Olympic Games trust fund |
|
if the games were to be held in this state at a site selected |
|
pursuant to an application by a local organizing committee. The |
|
department[comptroller] shall provide the estimate on request to a |
|
local organizing committee. A local organizing committee may submit |
|
the department's[comptroller's] estimate to a site selection |
|
organization. |
|
(j) The department may not make a disbursement from the |
|
Olympic Games trust fund unless the department[comptroller] |
|
certifies that the disbursement is for a purpose for which the state |
|
and each endorsing municipality or endorsing county are jointly |
|
obligated under a games support contract or other agreement |
|
described by Subsection (g) of this section. A disbursement may not |
|
be made from the trust fund that the department determines would be |
|
used for the purpose of soliciting the relocation of a professional |
|
sports franchise located in this state. |
|
(k) If the department[comptroller] certifies under |
|
Subsection (j) of this section that a disbursement may be made from |
|
the Olympic Games trust fund, the obligation shall be satisfied |
|
proportionately from the state and municipal or county revenue in |
|
the trust fund. |
|
(l) Two years after the closing event of the games, the |
|
department[comptroller] shall transfer to the general revenue fund |
|
any money remaining in the Olympic Games trust fund, not to exceed |
|
the amount of state revenue remaining in the trust fund, plus any |
|
interest earned on that state revenue. The department[comptroller] |
|
shall remit to each endorsing entity in proportion to the amount |
|
contributed by the entity any money remaining in the trust fund |
|
after the required amount is transferred to the general revenue |
|
fund. |
|
SECTION 5. Subdivisions (1) and (2), Subsection (a), |
|
Section 5A, 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: |
|
(1) "Endorsing county" means: |
|
(A) a county that contains a site selected by a |
|
site selection organization for one or more events; or |
|
(B) a county that: |
|
(i) does not contain a site selected by a |
|
site selection organization for an event; |
|
(ii) is included in the market area for the |
|
event as designated by the department[comptroller]; and |
|
(iii) is a party to an event support |
|
contract. |
|
(2) "Endorsing municipality" means: |
|
(A) a municipality that contains a site selected |
|
by a site selection organization for one or more events; or |
|
(B) a municipality that: |
|
(i) does not contain a site selected by a |
|
site selection organization for an event; |
|
(ii) is included in the market area for the |
|
event as designated by the department[comptroller]; and |
|
(iii) is a party to an event support |
|
contract. |
|
SECTION 6. Section 5A, Chapter 1507 (S.B. 456), Acts of the |
|
76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon's |
|
Texas Civil Statutes), is amended by amending Subsections (a-1), |
|
(a-2), (b), (b-1), (c), (d), (d-1), (e), (f), (i), (j), (k), (m), |
|
(p), (v), (w), and (y) to read as follows: |
|
(a-1) An event not listed in Subsection (a)(4) of this |
|
section is ineligible for funding under this section. A listed |
|
event may receive funding under this section only if: |
|
(1) a site selection organization selects a site |
|
located in this state for the event to be held one time or, for an |
|
event scheduled to be held each year for a period of years under an |
|
event contract, or an event support contract, one time each year for |
|
the period of years, after considering, through a highly |
|
competitive selection process, one or more sites that are not |
|
located in this state; |
|
(2) a site selection organization selects a site in |
|
this state as: |
|
(A) the sole site for the event; or |
|
(B) the sole site for the event in a region |
|
composed of this state and one or more adjoining states; |
|
(3) the event is held not more than one time in any |
|
year; and |
|
(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 |
|
the event did not occur in the prior year. |
|
(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 |
|
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 department[comptroller] and the |
|
department[comptroller] shall deposit into a trust fund created by |
|
the department[comptroller] and designated as the Major Events |
|
trust fund the amount of the municipality's or county's hotel |
|
occupancy tax revenue determined 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 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 the department shall begin 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 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 department[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 the |
|
department or retained by the comptroller under Subsection (d) of |
|
this section, a municipality or county may remit to the |
|
department[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 under Subsections (b)(2) through (5) of this |
|
section. The amount deposited by the department[comptroller] into |
|
the Major Events trust fund under this subsection is subject to |
|
Subsection (f) of this section. |
|
(e) In addition to the tax revenue deposited in the Major |
|
Events trust fund under Subsection (d) of this section, an |
|
endorsing municipality or endorsing county may guarantee its |
|
obligations under an event support contract and this section by |
|
pledging surcharges from user fees, including parking or ticket |
|
fees, charged in connection with the event. An endorsing |
|
municipality or endorsing county may collect and remit to the |
|
department[comptroller] surcharges and user fees attributable to |
|
the event for deposit into the Major Events trust fund. |
|
(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 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 |
|
department[comptroller] 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 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 7. Section 5B, Chapter 1507 (S.B. 456), Acts of the |
|
76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon's |
|
Texas Civil Statutes), is amended by amending Subsections (b), (c), |
|
(d), (f), (i), (j), (k), (m), and (o) 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 department[comptroller] and the |
|
department[comptroller] shall deposit into a trust fund created by |
|
the department[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 |
|
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 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 the department shall begin 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 department[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 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 department[comptroller] 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 8. Section 5C, Chapter 1507 (S.B. 456), Acts of the |
|
76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon's |
|
Texas Civil Statutes), is amended by amending Subsections (b), |
|
(b-1), (c), (c-1), (d), (d-1), (e), (f), (i), (j), (k), (k-1), (m), |
|
(o), (p), (q), (r), and (t) 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 department[comptroller] and the |
|
department[comptroller] shall deposit into a trust fund created by |
|
the department[comptroller] and designated as the Events trust fund |
|
the amount of the municipality's or county's hotel occupancy tax |
|
revenue determined 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 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 the department shall begin |
|
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 |
|
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 department[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 the |
|
department or retained by the comptroller under Subsection (d) of |
|
this section, a municipality or county may remit to the |
|
department[comptroller] for deposit in the Events trust fund other |
|
local funds in an amount equal to the total amount of local tax |
|
revenue determined under Subsections (b)(2) through (5) of this |
|
section. The amount deposited by the department[comptroller] into |
|
the Events trust fund under this subsection is subject to |
|
Subsection (f) of this section. |
|
(e) In addition to the tax revenue deposited in the Events |
|
trust fund under Subsection (d) of this section, an endorsing |
|
municipality or endorsing county may guarantee its obligations |
|
under an event support contract and this section by pledging |
|
surcharges from user fees, including parking or ticket fees, |
|
charged in connection with the event. An endorsing municipality or |
|
endorsing county may collect and remit to the |
|
department[comptroller] surcharges and user fees attributable to |
|
the event for deposit into the Events trust fund. |
|
(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 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 department[comptroller] |
|
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 9. Section 6, Chapter 1507 (S.B. 456), Acts of the |
|
76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon's |
|
Texas Civil Statutes), is amended by amending Subsection (b) 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 department[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 10. REPEALER. The following laws are repealed: |
|
(1) Subsection (s), Section 5C, 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 11. (a) Not later than September 1, 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 to |
|
the economic development and tourism division, office of the |
|
governor; |
|
(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 economic |
|
development and tourism division, office of the governor; |
|
(4) a reference in law or administrative rule to the |
|
comptroller relating to 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 means the economic development and |
|
tourism division, office of the governor. |
|
(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 |
|
economic development and tourism division, office of the governor |
|
shall coordinate the transfer of powers and duties including |
|
records and other items, 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. |