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A BILL TO BE ENTITLED
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AN ACT
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relating to the certification of live music venues by and other |
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duties of the Texas Music Office. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 485, Government Code, is amended by |
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adding Subchapter C to read as follows: |
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SUBCHAPTER C. TEXAS MUSIC OFFICE |
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Sec. 485.051. DEFINITIONS. In this subchapter: |
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(1) "Certification holder" means an individual or |
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entity that holds a certification issued by the music office as an |
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independent live music venue, operator, producer, or promoter under |
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this subchapter. |
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(2) "Music office" means the Texas Music Office in the |
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office of the governor. |
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Sec. 485.052. DUTIES. The music office shall: |
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(1) administer and oversee federal programs in this |
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state supporting independent live music venues, operators, |
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producers, or promoters, including monitoring changes to those |
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programs to ensure efficient implementation; |
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(2) in accordance with Section 485.053, issue |
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certifications to independent live music venues, operators, |
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producers, and promoters for the purpose of administering and |
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overseeing programs described by Subdivision (1); and |
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(3) ensure each certification holder maintains |
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compliance with the requirements for certification under this |
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subchapter. |
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Sec. 485.053. CERTIFICATION ISSUANCE. (a) Subject to |
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Subsections (b) and (c), the music office shall issue a |
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certification as an independent live music venue, operator, |
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producer, or promoter, for purposes of any federal program |
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requiring such certification, to an individual or entity that: |
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(1) organizes, promotes, sells tickets, produces, |
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manages, or hosts live concerts; |
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(2) generates at least 60 percent of the individual's |
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or entity's primary business revenue from: |
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(A) entrance fees or ticket sales and fees; |
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(B) production reimbursements; and |
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(C) the sale of beverages, food, and merchandise |
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at events; |
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(3) has operated its primary business in this state |
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for at least one year preceding certification; |
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(4) pays artists fairly in an amount that is: |
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(A) based on: |
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(i) a percentage of sales; |
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(ii) a guarantee in writing or in a standard |
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contract; or |
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(iii) any other mutually beneficial formal |
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agreement; and |
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(B) not based solely on tips, unless the artist |
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is participating in a legitimate fundraiser or similar charitable |
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event; and |
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(5) meets at least five of the following criteria: |
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(A) markets live music performances through |
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listings in printed or electronic publications; |
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(B) provides live music performances four or more |
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nights of each week; |
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(C) employs or contracts the services of one or |
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more persons in two or more of the following positions or services: |
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(i) sound engineer; |
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(ii) booker; |
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(iii) promoter; |
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(iv) stage manager; or |
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(v) security personnel; |
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(D) has designated live performance and audience |
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space; |
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(E) provides technical sound and lighting, |
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either in-house or through a contract with a vendor; |
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(F) has a dedicated space for the storage of |
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audio equipment or musical instruments; |
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(G) charges for live music performances through |
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ticketing or imposing an entrance fee; or |
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(H) maintains hours of operation that coincide |
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with live music performance show times. |
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(b) The music office may not issue a certification as an |
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independent live music venue, operator, producer, or promoter to an |
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individual or entity that: |
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(1) presents live performances of a prurient sexual |
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nature, as determined by the music office; or |
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(2) derives directly or indirectly a more than de |
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minimis gross revenue, as determined by the music office, through: |
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(A) the sale of products or services of a |
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prurient sexual nature; or |
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(B) the presentation of any depictions or |
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displays of a prurient sexual nature. |
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(c) The music office may not issue a certification as an |
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independent live music venue, operator, producer, or promoter to an |
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individual or entity unless the individual or entity: |
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(1) employs as full-time equivalents 50 or more |
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employees or contractors; |
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(2) derives not less than 10 percent of the |
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individual's or entity's gross revenue from federal funding; or |
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(3) is majority-owned, controlled, or operated by an |
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individual or entity described by Subdivisions (1) and (2). |
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SECTION 2. This Act takes effect September 1, 2021. |