By:  West, et al.                                     S.B. No. 1346
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the creation of sports authorities and sports facility
    1-2  enterprise zones and to the financing of sports facilities.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 2303, Government Code, is amended by
    1-5  adding Subchapter H to read as follows:
    1-6           SUBCHAPTER H.  QUALIFIED SPORTS FACILITY PROJECTS
    1-7        Sec. 2303.601.  In this subchapter:
    1-8              (1)  "Local government" means a municipality.
    1-9              (2)  "Qualified sports facility project" means a sports
   1-10  facility that is constructed, remodeled, or rehabilitated or is
   1-11  proposed to be constructed, remodeled, or rehabilitated by a
   1-12  municipality, county, or other political subdivision or by a sports
   1-13  authority that receives or will receive rebates, refunds, or
   1-14  payment from the state or a municipality, county, or other
   1-15  political subdivision under this chapter.
   1-16              (3)  "Sports authority" means a nonprofit corporation
   1-17  created by a local government under Section 4A, Texas
   1-18  Transportation Corporation Act (Article 1528l, Vernon's Texas Civil
   1-19  Statutes).
   1-20              (4)  "Sports facility" means an arena, coliseum,
   1-21  stadium, training facilities, or speedway, or any combination, that
   1-22  is owned by a municipality, county, or other political subdivision
   1-23  or by a sports authority and that is used or proposed to be used
   1-24  for National Football League, National Basketball Association,
    2-1  National Hockey League, or major league or Triple-A minor league
    2-2  baseball games or events, NASCAR or Indy Car sanctioned events,
    2-3  Professional Rodeo Cowboys Association events, National Cutting
    2-4  Horse Association events, or Olympic or international games or
    2-5  events.  The term includes administrative, service, concession, and
    2-6  related parking facilities.
    2-7              (5)  "Sports facility enterprise zone" means an area
    2-8  designated by a local government as a reinvestment zone under
    2-9  Chapter 311, Tax Code, and that includes or will include a
   2-10  qualified sports facility project within a one and one-quarter mile
   2-11  radius of the sports facility.
   2-12        Sec. 2303.602.  DESIGNATION OF SPORTS FACILITY ENTERPRISE
   2-13  ZONE.  (a)  A sports facility enterprise zone is an enterprise zone
   2-14  entitled to the benefits of this chapter applicable to enterprise
   2-15  zones.
   2-16        (b)  Subject to department designation under this section for
   2-17  the purpose of state benefits, if a local government in the
   2-18  ordinance or order designating an area as a reinvestment zone under
   2-19  Chapter 311, Tax Code, also designates the area as a sports
   2-20  facility enterprise zone, the area is designated as a sports
   2-21  facility enterprise zone without further hearing or procedural
   2-22  requirement other than as required by Chapter 311, Tax Code.
   2-23        (c)  The governing body of a sports facility enterprise zone
   2-24  in which a qualified sports facility project is located may apply
   2-25  to the department for designation as a sports facility enterprise
   2-26  zone for the purpose of state benefits under this chapter.  The
   2-27  department shall designate the sports facility enterprise zone if:
    3-1              (1)  the department or the governing body of a local
    3-2  government certifies that the zone was created in accordance with
    3-3  this subchapter and Chapter 311, Tax Code; and
    3-4              (2)  the department determines that the zone qualifies
    3-5  for designation under Subsection (d).
    3-6        (d)  On receiving an application for designation under
    3-7  Subsection (c), the department shall obtain from the Legislative
    3-8  Budget Board a fiscal note on the projected impact to state
    3-9  revenues for each state fiscal year over the anticipated term of
   3-10  the state commitment.  The fiscal note must be computed on
   3-11  historical sales and use tax and mixed beverage tax collections
   3-12  from businesses in the zone.  The department may approve a
   3-13  designation only if the department determines, according to the
   3-14  fiscal note, that the ratio of total state tax revenues allocated
   3-15  to the sports authority for a qualified sports facility project
   3-16  under Section 111.110, Tax Code, during any state fiscal year to
   3-17  the total statewide state sales and use taxes and mixed beverage
   3-18  taxes retained by the state during that state fiscal year probably
   3-19  will not exceed a value equal to .00047 x the ratio of the consumer
   3-20  price index in 1997 to the forecast of the consumer price index for
   3-21  that year.
   3-22        (e)  Designation of a sports facility enterprise zone under
   3-23  this subchapter does not reduce the number of enterprise zones the
   3-24  department may otherwise designate under this chapter.
   3-25        Sec. 2303.603.  QUALIFIED SPORTS FACILITY PROJECT.  (a)  A
   3-26  person is a qualified business and a qualified sports facility
   3-27  project if the governing body of a local government, for the
    4-1  purpose of local benefits, certifies that the person is a qualified
    4-2  sports facility project that is owned by a sports authority.
    4-3        (b)  In determining the number of enterprise projects that
    4-4  the department may approve under this chapter, the new permanent
    4-5  jobs or retained jobs created by a qualified sports facility
    4-6  project shall not be considered.
    4-7        (c)  A qualified sports facility project shall not be an
    4-8  enterprise project and the qualified sports facility project shall
    4-9  only be entitled to local benefits applicable to a qualified
   4-10  business under the provisions of this subchapter, Chapter 311, Tax
   4-11  Code, and Section 111.110, Tax Code.
   4-12        (d)  The department may approve a qualified sports facility
   4-13  project for a facility that is used or will be used for National
   4-14  Football League, National Basketball Association, or National
   4-15  Hockey League games or events only if the National Football League,
   4-16  National Basketball Association, or National Hockey League team
   4-17  that uses or will use the facility enters into, with each local
   4-18  government guaranteeing bonds for the facility, an agreement that
   4-19  specifies the amount the team will contribute toward the
   4-20  construction, rehabilitation, or remodeling of the facility.  In
   4-21  addition, the team must agree to assume total responsibility for
   4-22  all debt related to the facility if the team leaves the facility
   4-23  unless another team or facility tenant agrees to fulfill the terms
   4-24  of the team's agreement with the local government.  If the facility
   4-25  is not used or will not be used for National Football League,
   4-26  National Basketball Association, or National Hockey League games or
   4-27  events, the sports authority shall prescribe a method to ensure
    5-1  that a private sector participation guarantee is made and that the
    5-2  agreement will be fulfilled.
    5-3        (e)  Notwithstanding any other provision of law, the
    5-4  department may not approve more than a total of six qualified
    5-5  sports facility projects, of which five must be for facilities that
    5-6  are used or will be used for National Football League, National
    5-7  Basketball Association, or National Hockey League games or events.
    5-8        Sec. 2303.604.  REFUND, REBATE, OR PAYMENT OF TAX PROCEEDS TO
    5-9  CERTAIN SPORTS AUTHORITIES.  (a)  To promote the public health,
   5-10  safety, or welfare, the governing body of a municipality or county
   5-11  may establish a program by which it reduces or eliminates any fees
   5-12  or taxes that it imposes on a qualified sports facility project.
   5-13        (b)  For the period prescribed by the agreement, a
   5-14  governmental body, including a municipality, county, or political
   5-15  subdivision, may agree to rebate, refund, or pay to a sports
   5-16  authority that owns or is rehabilitating or remodeling a qualified
   5-17  sports facility project:
   5-18              (1)  any eligible tax proceeds; and
   5-19              (2)  any incremental increase in tax proceeds.
   5-20        (c)  A local government may agree to guarantee, from revenue
   5-21  from hotel occupancy taxes or sales and use taxes, the bonds or
   5-22  other obligations of a sports authority that were issued or
   5-23  incurred to pay the cost of construction, remodeling, or
   5-24  rehabilitation of a qualified sports facility project owned by the
   5-25  sports authority or a local government.
   5-26        (d)  An agreement under this section must be in writing,
   5-27  contain an expiration date, and require the beneficiary to provide
    6-1  documentation necessary to support a claim.
    6-2        (e)  A governmental body that makes an agreement under this
    6-3  section shall make the rebate, refund, or payment directly to the
    6-4  beneficiary.
    6-5        (f)  In this section:
    6-6              (1)  "Eligible tax proceeds" means proceeds a taxing
    6-7  entity receives that are generated, paid, or collected by a sports
    6-8  authority at the qualified sports facility project or by a business
    6-9  at a qualified sports facility project or for events at the
   6-10  project, including hotel occupancy taxes, ad valorem taxes, sales
   6-11  and use taxes, and mixed beverage taxes.
   6-12              (2)  "Incremental increase in tax proceeds" means the
   6-13  amount of hotel occupancy taxes, sales and use taxes, and mixed
   6-14  beverage taxes received by a taxing entity that is generated, paid,
   6-15  or collected in the taxing entity's fiscal year by all businesses
   6-16  operating in the sports facility enterprise zone, other than those
   6-17  businesses located at the qualified sports facility project, after
   6-18  adjustment for normal economic growth and for the effects of any
   6-19  change in the rate of the tax or in the items subject to the tax,
   6-20  and that exceeds the amount of those taxes generated, paid, or
   6-21  collected by those businesses in the taxing entity's fiscal year
   6-22  preceding the fiscal year in which the sports facility enterprise
   6-23  zone is created.
   6-24              (3)  "Adjustment for normal economic growth" has the
   6-25  meaning assigned by Section 111.110, Tax Code.
   6-26        Sec. 2303.605.  REFERENDUM ON SPORTS FACILITY PROJECT.
   6-27  (a)  A sports facility that is located in a county with a
    7-1  population of 2 million or more and that is located outside the
    7-2  boundaries of the most populous municipality in the county may not
    7-3  be designated as a qualified sports facility project unless the
    7-4  voters of the county in which the sports facility is located
    7-5  approve, at a public referendum called by the commissioners court,
    7-6  the designation of the sports facility as a qualified sports
    7-7  facility project under this subchapter.
    7-8        (b)  A sports facility enterprise zone in a municipality with
    7-9  a population of 1.5 million or more may not include a sports
   7-10  facility unless the voters of the most populous municipality in the
   7-11  county in which the sports facility is located approve, at a public
   7-12  referendum called by the governing body of the most populous
   7-13  municipality, the designation of the sports facility as a qualified
   7-14  sports facility project under this subchapter.
   7-15        Sec. 2303.606.  AVAILABILITY OF QUALIFIED SPORTS FACILITY
   7-16  PROJECT.  At the request of a school district or the University
   7-17  Interscholastic League, a sports authority must make reasonably
   7-18  available a qualified sports facility project for competitions
   7-19  sanctioned or conducted by the University Interscholastic League,
   7-20  at a cost not to exceed the cost of utilities for the period during
   7-21  which the facility is used.
   7-22        SECTION 2.  Subchapter C, Chapter 111, Tax Code, is amended
   7-23  by adding Section 111.110 to read as follows:
   7-24        Sec. 111.110.  REBATE, REFUND, OR PAYMENT OF TAX PROCEEDS TO
   7-25  CERTAIN SPORTS AUTHORITIES.  (a)  A sports authority that owns or
   7-26  is assisting a municipality, county, or other political subdivision
   7-27  in rehabilitating or remodeling a qualified sports facility project
    8-1  located in a sports facility enterprise zone shall receive from the
    8-2  state a rebate, refund, or payment of:
    8-3              (1)  80 percent of the state sales and use taxes, not
    8-4  otherwise dedicated by law, generated, paid, or collected by the
    8-5  qualified sports facility project or a business at the qualified
    8-6  sports facility project or for events at the project;
    8-7              (2)  80 percent of the mixed beverage taxes retained by
    8-8  the state and generated, paid, or collected by the qualified sports
    8-9  facility project or a business at the qualified sports facility
   8-10  project; and
   8-11              (3)  80 percent of the amount of the incremental
   8-12  increase in state sales and use taxes and mixed beverage taxes
   8-13  retained by the state.
   8-14        (b)  The sports authority shall receive the rebate, refund,
   8-15  or payment for the term of the bonds or other obligations issued or
   8-16  incurred by the sports authority to construct, remodel, or
   8-17  rehabilitate the qualified sports facility project, but only if the
   8-18  bonds or other obligations are approved by the Texas Public Finance
   8-19  Authority before they are issued or incurred by the sports
   8-20  authority and provided that, in the event that a team leaves the
   8-21  facility and has not satisfied the requirement that another team or
   8-22  facility tenant agrees to fulfill the terms of the team's agreement
   8-23  with the local government, as provided by Section 2303.603 (d),
   8-24  Government Code, the Texas Department of Commerce approves the
   8-25  transfer of responsibility to another team or facility tenant.  The
   8-26  sports authority may not, however, receive a rebate, refund, or
   8-27  payment under this section of taxes due or collected by the
    9-1  comptroller   before   September  1,  1998,   regardless   of   the
    9-2  date  on which the bonds or other obligations are issued or
    9-3  incurred.
    9-4        (c)  A sports authority is not entitled to a rebate, refund,
    9-5  or payment under this section unless each local government that
    9-6  created the sports authority agrees to rebate, refund, or pay to
    9-7  the sports authority eligible tax proceeds and any incremental
    9-8  increase in tax proceeds in accordance with Section 2303.604,
    9-9  Government Code, during the period in which the authority receives
   9-10  funds under this section.
   9-11        (d)  On certification by the sports authority to the
   9-12  comptroller that the sports authority has or intends to issue or
   9-13  incur bonds or other obligations to construct, remodel, or
   9-14  rehabilitate a qualified sports facility project and that each
   9-15  local government that created the sports authority has agreed to
   9-16  rebate, refund, or pay to the sports authority eligible tax
   9-17  proceeds and any incremental increase in tax proceeds in accordance
   9-18  with Section 2303.604, Government Code, the comptroller shall
   9-19  notify the state treasurer of the certification and the state
   9-20  treasurer shall establish a special fund outside the state treasury
   9-21  for that sports authority.  The comptroller shall deposit to the
   9-22  credit of the fund the money to which the sports authority is
   9-23  entitled under Subsections (a)(1) and (a)(2).  In addition, not
   9-24  later than the last day of the month following a calendar quarter,
   9-25  the comptroller shall:
   9-26              (1)  compute the aggregate amount of revenue from all
   9-27  taxes to which the sports authority is entitled under Subsection
   10-1  (a)(3) for the preceding fiscal quarter; and
   10-2              (2)  before any other allocation of the taxes collected
   10-3  under Chapter 151, deposit to the credit of the special fund from
   10-4  those taxes an amount equal to the amount computed under
   10-5  Subdivision (1).
   10-6        (e)  Subject to Subsection (f), the sports authority shall
   10-7  administer the fund created for the benefit of the authority under
   10-8  Subsection (d).  The sports authority is the trustee of the fund's
   10-9  assets.  The sports authority may segregate contributions and
  10-10  payments to the fund into various accounts and acquire, hold,
  10-11  manage, purchase, sell, assign, trade, transfer, and dispose of any
  10-12  security, evidence of indebtedness, or other investment in which
  10-13  the fund's assets may be invested.
  10-14        (f)  The state treasurer is the custodian of the assets of
  10-15  the fund.  The state treasurer shall pay money from the fund on a
  10-16  warrant drawn by the comptroller and supported by a voucher signed
  10-17  by the sports authority or the authority's designated
  10-18  representative.  The voucher is a governmental record and must
  10-19  state the name of the payee, the amount of the warrant requested,
  10-20  and a general description of the purpose for the payment.
  10-21        (g)  Notwithstanding any other provision of this section, the
  10-22  maximum total amount of state money that a sports authority is
  10-23  entitled to receive in a state fiscal year under this section is
  10-24  equal to the lesser of:
  10-25              (1)  35 percent of the total average annual debt
  10-26  service for  bonds or other obligations that are issued or incurred
  10-27  by the sports authority to construct, remodel, or rehabilitate the
   11-1  qualified sports facility project and that are payable in part by
   11-2  the rebate, refund, or payment of state taxes under this section;
   11-3  or
   11-4              (2)  the product of .00047 x the total statewide state
   11-5  sales and use taxes and mixed beverage taxes retained by the state
   11-6  during that state fiscal year x the ratio of the consumer price
   11-7  index in 1997 to the consumer price index for that year, except
   11-8  that the authority may exceed this limit by not more than eight
   11-9  percent for not more than one-half of the years of the state
  11-10  commitment.
  11-11        (h)  The comptroller shall adjust the rebates, refunds, or
  11-12  payments under this section as necessary to ensure that a sports
  11-13  authority does not receive an amount that exceeds the limitation
  11-14  prescribed by Subsection (g).
  11-15        (i)  In this section:
  11-16              (1)  "Incremental increase in tax proceeds" means the
  11-17  amount of sales and use taxes or mixed beverage taxes collected or
  11-18  paid, other than taxes paid under a permit issued under Section
  11-19  151.418, in a state fiscal year by outlets of permit holders
  11-20  operating in a sports facility enterprise zone, other than those
  11-21  outlets located at the sports facility project, that, after
  11-22  adjustment, exceeds the amount of tax collected or paid by outlets
  11-23  of permit holders located in the sports facility enterprise zone,
  11-24  other than those outlets located at the sports facility project, in
  11-25  the base year, after adjustment for normal economic growth and for
  11-26  the effects of any change in the rate of the tax or in the items
  11-27  subject to the tax.
   12-1              (2)  "Base year" means the state fiscal year preceding
   12-2  the fiscal year in which the sports facility enterprise zone is
   12-3  created.
   12-4              (3)  "Permit holder" means a holder of a permit under
   12-5  Section 151.201 or 151.252, Tax Code, or a permittee under Section
   12-6  183.001(b)(1), Tax Code.
   12-7              (4)  "Adjustment for normal economic growth" means
   12-8  multiplication of the amount of tax paid or collected in the base
   12-9  year by the ratio of personal income in this state in the year for
  12-10  which the increment is computed to personal income in this state in
  12-11  the base year, before computation of the excess under Subdivision
  12-12  (1).
  12-13        SECTION 3.  Section 311.002, Tax Code, is amended by adding
  12-14  Subdivisions (5) and (6) to read as follows:
  12-15              (5)  "Qualified sports facility project," "sports
  12-16  authority," and "sports facility enterprise zone" have the meanings
  12-17  assigned by Section 2303.601, Government Code.
  12-18              (6)  "Eligible tax proceeds" and "incremental increase
  12-19  in tax proceeds" have the meanings assigned by Section 2303.604,
  12-20  Government Code.
  12-21        SECTION 4.  Subsection (a), Section 311.005, Tax Code, is
  12-22  amended to read as follows:
  12-23        (a)  To be designated as a reinvestment zone, an area must:
  12-24              (1)  substantially arrest or impair the sound growth of
  12-25  the municipality creating the zone, retard the provision of housing
  12-26  accommodations, or constitute an economic or social liability and
  12-27  be a menace to the public health, safety, morals, or welfare in its
   13-1  present condition and use because of the presence of:
   13-2                    (A)  a substantial number of substandard, slum,
   13-3  deteriorated, or deteriorating structures;
   13-4                    (B)  the predominance of defective or inadequate
   13-5  sidewalk or street layout;
   13-6                    (C)  faulty lot layout in relation to size,
   13-7  adequacy, accessibility, or usefulness;
   13-8                    (D)  unsanitary or unsafe conditions;
   13-9                    (E)  the deterioration of site or other
  13-10  improvements;
  13-11                    (F)  tax or special assessment delinquency
  13-12  exceeding the fair value of the land;
  13-13                    (G)  defective or unusual conditions of title; or
  13-14                    (H)  conditions that endanger life or property by
  13-15  fire or other cause;
  13-16              (2)  be predominantly open and, because of obsolete
  13-17  platting, deterioration of structures or site improvements, or
  13-18  other factors, substantially impair or arrest the sound growth of
  13-19  the municipality; <or>
  13-20              (3)  be in a federally assisted new community located
  13-21  in the municipality or in an area immediately adjacent to a
  13-22  federally assisted new community; <or>
  13-23              (4) <(5)>  be an area described in a petition
  13-24  requesting that the area be designated as a reinvestment zone, if
  13-25  the petition is submitted to the governing body of the municipality
  13-26  by the owners of property constituting at least 50 percent of the
  13-27  appraised value of the property in the area according to the most
   14-1  recent certified appraisal roll for the county in which the area is
   14-2  located; or
   14-3              (5)  be an area that a local government determines
   14-4  should be designated as a sports facility enterprise zone under
   14-5  Subchapter H, Chapter 2303, Government Code.
   14-6        SECTION 5.  Section 311.015, Tax Code, is amended by adding
   14-7  Subsections (m) and (n) to read as follows:
   14-8        (m)  Notwithstanding Subsection (l), tax increment bonds or
   14-9  notes issued to finance a qualified sports facility project must
  14-10  mature not later than the 30th anniversary after the date of
  14-11  issuance.  A local government may pledge eligible tax proceeds and
  14-12  the incremental increase in tax proceeds to pay bonds or notes
  14-13  issued to pay the costs of a qualified sports facility project
  14-14  under terms and conditions the local government considers
  14-15  appropriate.
  14-16        (n)  Notwithstanding any other provision of this section, a
  14-17  local government that proposes to issue tax increment bonds or
  14-18  notes to construct, remodel, repair, or improve a qualified sports
  14-19  facility project may call an election for the purpose of the voters
  14-20  of the local government to approve the issuance of the tax
  14-21  increment bonds or notes.
  14-22        SECTION 6.  Chapter 311, Tax Code, is amended by adding
  14-23  Section 311.0032 to read as follows:
  14-24        Sec. 311.0032.  SPORTS FACILITY ENTERPRISE ZONE.  (a)  A
  14-25  local government may in the ordinance or order designating an area
  14-26  as a reinvestment zone also designate the area as a sports facility
  14-27  enterprise zone.
   15-1        (b)  A local government may not designate an area as a sports
   15-2  facility enterprise zone unless:
   15-3              (1)  the zone contains or will contain a qualified
   15-4  sports facility project; and
   15-5              (2)  the local government agrees to rebate, refund, or
   15-6  pay to the sports authority that owns, proposes to own, or is
   15-7  assisting a county, municipality, or other political subdivision in
   15-8  rehabilitating or remodeling the qualified sports facility project
   15-9  eligible tax proceeds and any incremental increase in tax proceeds
  15-10  in accordance with Section 2303.604, Government Code.
  15-11        (c)  The local government must agree to provide the rebate,
  15-12  refunding, or payment for the period during which the sports
  15-13  authority receives funding under Section 111.110.
  15-14        SECTION 7.  Section 4A, Texas Transportation Corporation Act
  15-15  (Article 1528l, Vernon's Texas Civil Statutes), is amended by
  15-16  amending Subsections (a), (b), (c), (e), and (f), and by adding
  15-17  Subsection (j) to read as follows:
  15-18        (a)  A local government corporation may be created to aid,
  15-19  assist, and act on behalf of one or more local governments to
  15-20  accomplish any governmental purpose, including a project or
  15-21  activity permitted by its articles of incorporation.  The
  15-22  commission approval is not required for the articles of
  15-23  incorporation, articles of dissolution, or bylaws of a local
  15-24  government corporation.  A local government corporation shall be
  15-25  created and dissolved and the board of directors shall be appointed
  15-26  and serve in the manner, for the term, and on the conditions as a
  15-27  nonprofit corporation created pursuant to the provisions of Chapter
   16-1  394, Local Government Code.  A member of the board of directors is
   16-2  required to be a resident of a local government creating the
   16-3  corporation.  The articles of incorporation and bylaws of a local
   16-4  government corporation and any amendments thereto shall be in the
   16-5  form and shall be executed, approved, and filed in the manner
   16-6  prescribed by Chapter 394, Local Government Code.
   16-7        (b)  A local government corporation shall have all the powers
   16-8  of:
   16-9              (1)  a corporation approved for creation by the
  16-10  commission pursuant to this Act, including the power to contract
  16-11  with the commission and any state agency or local government, road
  16-12  districts, road utility districts, or other political subdivisions
  16-13  in the manner and to the same extent as a corporation approved for
  16-14  creation by the commission to accomplish any purpose for which the
  16-15  corporation was created as prescribed by its articles of
  16-16  incorporation; <, and>
  16-17              (2)  a nonprofit corporation incorporated under the
  16-18  Texas Non-Profit Corporation Act (Article 1396-1.01, et seq.,
  16-19  Vernon's Texas Civil Statutes); and
  16-20              (3)  an industrial development corporation created
  16-21  under Section 4B, Development Corporation Act of 1979 (Article
  16-22  5190.6, Vernon's Texas Civil Statutes), and may:
  16-23                    (A)  exercise its borrowing capacity for any
  16-24  authorized project or activity; and
  16-25                    (B)  acquire land for any authorized project or
  16-26  activity with the consent of each sponsoring local government in
  16-27  accordance with Section 4B, Development Corporation Act of 1979
   17-1  (Article 5190.6, Vernon's Texas Civil Statutes).
   17-2        (c)  A local government corporation is subject to Chapter
   17-3  551, Government Code <the open meetings law (Article 6252-17,
   17-4  Vernon's Texas Civil Statutes)>.  The board of directors of a local
   17-5  government corporation shall file notice of each meeting of the
   17-6  board in the same manner and in the same location as is required of
   17-7  the governing body or bodies of the local government or governments
   17-8  granting approval to the creation of the local government
   17-9  corporation.
  17-10        (e)  The commission, state agencies, local governments, road
  17-11  districts, road utility districts, and other political subdivisions
  17-12  shall have the power to contract with a local government
  17-13  corporation to accomplish a governmental purpose of the sponsoring
  17-14  local government or to implement an authorized project or activity
  17-15  of the local government corporation, if it is also an authorized
  17-16  purpose of the contracting commission, state agency, road district,
  17-17  road utility district, or other political subdivision, in the same
  17-18  manner and to the same extent as such entities have to contract
  17-19  with a corporation approved for creation by the commission and as
  17-20  authorized by Article 6702-3, Revised Statutes.  A local government
  17-21  also has authority to contract with a corporation to carry out a
  17-22  governmental purpose of the sponsoring local government or to
  17-23  implement an authorized project or activity of the corporation in
  17-24  the manner prescribed by Article 6674r-2, Revised Statutes.
  17-25        (f)  A <The property of a> corporation, its property, and any
  17-26  transaction in which the corporation's property <it> is acquired
  17-27  shall have the same exemption from taxation as a corporation
   18-1  created pursuant to Chapter 394, Local Government Code, or Section
   18-2  4B, Development Corporation Act of 1979 (Article 5190.6, Vernon's
   18-3  Texas Civil Statutes), including the exemption from the payment of
   18-4  a sales and use tax.
   18-5        (j)  A municipality may create a local government corporation
   18-6  that is a sports authority.  The articles of incorporation of the
   18-7  sports authority must provide that the sports authority have a
   18-8  seven-member board with three of those members appointed by the
   18-9  comptroller.  The directors are appointed for concurrent six-year
  18-10  terms.
  18-11        SECTION 8.  Chapter 302, Tax Code, is amended by adding
  18-12  Subchapter C to read as follows:
  18-13      SUBCHAPTER C.  SPORTS FACILITY ENTERPRISE ZONE EXCISE TAXES
  18-14        Sec. 302.201.  DEFINITIONS.  In this subchapter:
  18-15              (1)  "Admissions tax" means the tax a municipality may
  18-16  impose under Section 302.203 on each person admitted to an event in
  18-17  a qualified sports facility project.
  18-18              (2)  "Event parking tax" means the tax a municipality
  18-19  may impose under Section 302.202 on certain parking.
  18-20              (3)  "Qualified sports facility project," "sports
  18-21  authority," "sports facility," and "sports facility enterprise
  18-22  zone" have the meanings assigned by Section 2303.601, Government
  18-23  Code.
  18-24        Sec. 302.202.  EVENT PARKING TAX.  (a)  A municipality by
  18-25  ordinance may impose a tax on each motor vehicle parking in a
  18-26  parking facility located within 2,500 feet of a sports facility
  18-27  enterprise zone.  The municipality may not impose the tax under
   19-1  this section:
   19-2              (1)  in an area that is not within 2,500 feet of a
   19-3  sports facility enterprise zone; or
   19-4              (2)  for an event at a sports facility existing on
   19-5  September 1, 1995, unless the sports facility is designated as a
   19-6  qualified sports facility project under Chapter 2303, Government
   19-7  Code.
   19-8        (b)  The municipality may impose the tax during a period
   19-9  beginning not more than two hours before and ending not more than
  19-10  two hours after the time an event in a qualified sports facility
  19-11  project is scheduled to begin.  The municipality may not impose the
  19-12  tax under this subchapter during any other time.
  19-13        (c)  The municipality by ordinance may provide that the tax
  19-14  is imposed at a flat amount on each parked motor vehicle or is
  19-15  imposed as a percentage of the amount charged for event parking by
  19-16  the owner of the parking facility.  Regardless of the method of
  19-17  imposition, the amount of the tax may not exceed $2.50 per motor
  19-18  vehicle.  The municipality by ordinance may repeal or increase or
  19-19  decrease the rate of the tax imposed under this section.
  19-20        (d)  The municipality by ordinance may require the owner of a
  19-21  parking facility to collect the tax for the benefit of the
  19-22  municipality.  An owner required to collect the tax under this
  19-23  section shall add the tax to the parking charge, and the tax is a
  19-24  part of the parking charge, a debt owed to the parking facility
  19-25  owner by the person parking, and recoverable at law in the same
  19-26  manner as the parking charge.  The tax imposed by this section is
  19-27  not an occupation tax imposed on the owner of the parking facility.
   20-1        Sec. 302.203.  ADMISSIONS TAX.  (a)  A municipality by
   20-2  ordinance may impose a tax on each person admitted to an event at a
   20-3  qualified sports facility project.  The municipality may not impose
   20-4  the tax under this section for admission to an event at a facility
   20-5  that is not a qualified sports facility project under Chapter 2303,
   20-6  Government Code.
   20-7        (b)  The municipality by ordinance may provide that the tax
   20-8  is imposed at a flat amount on each person admitted or is imposed
   20-9  as a percentage of the amount charged for admission.  Regardless of
  20-10  the method of imposition, the amount of the tax may not exceed $2
  20-11  per person.  The municipality by ordinance may repeal or increase
  20-12  or decrease the rate of the tax imposed under this section.
  20-13        (c)  The municipality by ordinance may require the owner of a
  20-14  qualified sports facility project to collect the tax for the
  20-15  benefit of the municipality.  An owner required to collect the tax
  20-16  under this section shall add the tax to the admissions price, and
  20-17  the tax is a part of the admissions price, a debt owed to the
  20-18  qualified sports facility project owner by the person admitted, and
  20-19  recoverable at law in the same manner as the admissions charge.
  20-20  The tax imposed by this section is not an occupation tax imposed on
  20-21  the owner of the qualified sports facility project.
  20-22        Sec. 302.204.  EFFECTIVE DATE AND ENDING DATE OF TAX.  (a)  A
  20-23  tax imposed under this subchapter takes effect on the date
  20-24  prescribed by the ordinance imposing the tax.
  20-25        (b)  The municipality may impose a tax under this subchapter
  20-26  only if the municipality or the sports authority issues bonds under
  20-27  Section 302.207.  The municipality may impose the tax only while
   21-1  bonds of the municipality or sports authority issued to pay the
   21-2  costs of constructing, remodeling, or rehabilitating a qualified
   21-3  sports facility project are outstanding and unpaid.
   21-4        Sec. 302.205.  COLLECTION OF TAX.  (a)  A person required to
   21-5  collect a tax imposed under this subchapter shall report and send
   21-6  the taxes to the municipality as provided by the municipality
   21-7  imposing the tax.
   21-8        (b)  The municipality by ordinance may prescribe penalties,
   21-9  including interest charges and criminal penalties, for failure to
  21-10  keep records required by the municipality, to report when required,
  21-11  or to pay the tax when due.  The municipal attorney or other
  21-12  attorney acting for the municipality may bring suit against a
  21-13  person who fails to collect a tax under this subchapter and to pay
  21-14  it over to the municipality as required.
  21-15        (c)  The municipality by ordinance may permit a person who is
  21-16  required to collect a tax under this subchapter to retain a
  21-17  percentage of the amount collected and required to be reported as
  21-18  reimbursement to the person for the costs of collecting the tax.
  21-19  The municipality may provide that the person may retain the amount
  21-20  only if the person pays the tax and files reports as required by
  21-21  the municipality.
  21-22        Sec. 302.206.  USE OF TAX REVENUE.  Revenue from a tax
  21-23  imposed under this subchapter may be used only to acquire sites for
  21-24  and acquire, construct, improve, rehabilitate, remodel, enlarge,
  21-25  equip, or repair a qualified sports facility project.
  21-26        Sec. 302.207.  PLEDGE FOR BONDS.  The municipality shall
  21-27  pledge the revenue derived from a tax imposed under this subchapter
   22-1  for the payment of any bonds issued for a purpose prescribed by
   22-2  Section 302.204 by:
   22-3              (1)  the municipality under Chapter 63, Acts of the
   22-4  59th Legislature, Regular Session, 1965 (Article 1269j-4.1,
   22-5  Vernon's Texas Civil Statutes); or
   22-6              (2)  the sports authority.
   22-7        SECTION 9.  Notwithstanding any provisions to the contrary,
   22-8  this Act does not apply to a sports facility owned by a county with
   22-9  a population of 2 million or more that was constructed before
  22-10  September 1, 1995.
  22-11        SECTION 10.  An enactment of the 74th Legislature, Regular
  22-12  Session, 1995, that imposes a restriction or limitation on a
  22-13  rebate, refund, or payment of state or local taxes to an enterprise
  22-14  zone or qualified project does not apply to a sports facility
  22-15  enterprise zone or qualified sports facility project created under
  22-16  this Act.
  22-17        SECTION 11.  This Act takes effect September 1, 1995.
  22-18        SECTION 12.  The importance of this legislation and the
  22-19  crowded condition of the calendars in both houses create an
  22-20  emergency and an imperative public necessity that the
  22-21  constitutional rule requiring bills to be read on three several
  22-22  days in each house be suspended, and this rule is hereby suspended.