1-1                                   AN ACT

 1-2     relating to the financing of sports and community venues and

 1-3     related infrastructure; authorizing the imposition of certain local

 1-4     taxes and the issuance of local bonds; providing penalties.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Subtitle C, Title 10, Local Government Code, is

 1-7     amended by adding Chapters 334 and 335 to read as follows:

 1-8                  CHAPTER 334.  SPORTS AND COMMUNITY VENUES

 1-9                      SUBCHAPTER A.  GENERAL PROVISIONS

1-10           Sec. 334.001.  DEFINITIONS.  In this chapter:

1-11                 (1)  "Approved venue project" means a sports and

1-12     community venue project that has been approved under this chapter

1-13     by the voters of a municipality or county.

1-14                 (2)  "Governing body" means the governing body of a

1-15     municipality or the commissioners court of a county.

1-16                 (3)  "Related infrastructure" includes any store,

1-17     restaurant, on-site hotel, concession, automobile parking facility,

1-18     area transportation  facility, road, street, water or sewer

1-19     facility, park, or other on-site or off-site improvement that

1-20     relates to and enhances the use, value, or appeal of a venue,

1-21     including areas adjacent to the venue, and any other expenditure

1-22     reasonably necessary to construct, improve, renovate, or expand a

1-23     venue, including an expenditure for environmental remediation.

1-24                 (4)  "Venue" means:

 2-1                       (A)  an arena, coliseum, stadium,  or other type

 2-2     of area or facility:

 2-3                             (i)  that is used or is planned for use for

 2-4     one or more professional or amateur sports events, community

 2-5     events, or other  sports events, including rodeos, livestock shows,

 2-6     agricultural expositions, promotional events, and other civic or

 2-7     charitable events; and

 2-8                             (ii)  for which a fee for admission to the

 2-9     events is charged or is planned to be charged;

2-10                       (B)  a convention center facility or related

2-11     improvement such as a convention center, civic center, civic center

2-12     building, civic center hotel, auditorium, theater, opera house,

2-13     music hall, exhibition hall, rehearsal hall, park, zoological park,

2-14     museum, aquarium, or plaza located in the vicinity of a convention

2-15     center or facility owned by a municipality or a county;

2-16                       (C)  a tourist development area along an inland

2-17     waterway; and

2-18                       (D)  any other economic development project

2-19     authorized by other law.

2-20                 (5)  "Sports and community venue project" or "venue

2-21     project"  means a venue and related infrastructure that is planned,

2-22     acquired, established, developed, constructed, or renovated under

2-23     this chapter.

2-24           Sec. 334.002.  APPLICATION TO CERTAIN MUNICIPALITIES AND

2-25     COUNTIES.  This chapter applies to a municipality with a population

2-26     of more than 1.2 million and to a county with a population of more

2-27     than 2.2 million only if the municipality and county create a

 3-1     sports and community venue district under Chapter 335 and only to

 3-2     the extent the use of this chapter by the district is necessary or

 3-3     convenient for the creation or operation of the district to the

 3-4     fullest extent authorized by Chapter 335.

 3-5           Sec. 334.003.  APPLICATION TO VENUE CONSTRUCTED UNDER OTHER

 3-6     LAW.  A county or municipality may use this chapter for a venue

 3-7     project relating to a venue and related infrastructure planned,

 3-8     acquired, established, developed, constructed, or renovated under

 3-9     other law, including Section 4B, Development Corporation Act of

3-10     1979 (Article 5190.6, Vernon's Texas Civil Statutes), or Subchapter

3-11     E, Chapter 451, Transportation Code.

3-12           Sec. 334.004.  OTHER USES OF VENUE PERMITTED.  This chapter

3-13     does not prohibit the use of a venue for an event that is not

3-14     related to a purpose described by Section 334.001, such as a

3-15     community-related event.

3-16           Sec. 334.005.  SPECIFIC PERFORMANCE.  (a)  The legislature

3-17     expressly finds and determines that:

3-18                 (1)  the presence of a professional sports team in an

3-19     approved venue project built or renovated under this chapter

3-20     provides a unique value to the municipality or county that built or

3-21     renovated the project that cannot be adequately valued in money;

3-22     and

3-23                 (2)  the municipality or county that built or renovated

3-24     the approved venue project would suffer irreparable injury if a

3-25     professional sports team breaches its obligation to play its home

3-26     games in the approved venue project as required by an agreement

3-27     between the sports team and the municipality or county.

 4-1           (b)  An agreement described by Subsection (a)(2) shall be

 4-2     enforceable by specific performance in the courts of this state.  A

 4-3     waiver of this remedy is contrary to public policy and is

 4-4     unenforceable and void.

 4-5           Sec. 334.006.  PROHIBITION AGAINST TAX EXPANSION.  In a

 4-6     county with a population of over 2.8 million, no tax on real

 4-7     property or on personal property may be used for the operation,

 4-8     maintenance, renovation, or repair of any venue authorized by an

 4-9     election on November 5, 1996, and constructed after that date.

4-10              (Sections 334.007-334.020 reserved for expansion

4-11                        SUBCHAPTER B.  VENUE PROJECTS

4-12           Sec. 334.021.  RESOLUTION AUTHORIZING PROJECT.  (a)  A county

4-13     or municipality by resolution may provide for the  planning,

4-14     acquisition, establishment, development, construction, or

4-15     renovation of a venue project if:

4-16                 (1)  the comptroller determines under Section 334.022

4-17     or 334.023 that the implementation of the resolution will not have

4-18     a significant negative fiscal impact on state revenue;

4-19                 (2)  to the extent required by Section 334.0235 or

4-20     334.0236, a rapid transit authority determines that the

4-21     implementation of the resolution will not have a significant

4-22     negative impact on the authority's ability to provide services and

4-23     will not impair any existing contracts; and

4-24                 (3)  the resolution is approved by a majority of the

4-25     qualified voters of the municipality or county voting at an

4-26     election called and held for that purpose under Section 334.024.

4-27           (b)  The resolution must designate each venue project and

 5-1     each method of financing authorized by this chapter that the

 5-2     municipality or county wants to use to finance a project.  A

 5-3     resolution may designate more than one method of financing.

 5-4           Sec. 334.022.  STATE FISCAL IMPACT ANALYSIS.  (a)  Before

 5-5     calling an election on the resolution under Section 334.024, the

 5-6     municipality or county shall send a copy of the resolution to the

 5-7     comptroller.

 5-8           (b)  Before the 15th day after the date the comptroller

 5-9     receives the copy of the resolution, the comptroller shall:

5-10                 (1)  perform an analysis to determine if approval and

5-11     implementation of the resolution will have a significant negative

5-12     fiscal impact on state revenue; and

5-13                 (2)  provide to the municipality or county written

5-14     notice of the results of the analysis.

5-15           (c)  If the comptroller determines that implementation will

5-16     have a significant negative fiscal impact on state revenue, the

5-17     written analysis required under Subsection (b)(2) must include

5-18     information on how to change the resolution so that implementation

5-19     will not have a significant negative fiscal impact on state

5-20     revenue.

5-21           (d)  If the comptroller does not complete the analysis and

5-22     provide the notice before the 30th day after the date the

5-23     comptroller receives the copy of the resolution, the comptroller is

5-24     considered to have determined that approval and implementation of

5-25     the resolution will not have a significant negative fiscal impact

5-26     on state revenue.

5-27           Sec. 334.023.  APPEAL OF COMPTROLLER DETERMINATION.  (a)  If

 6-1     the comptroller determines under Section 334.022 that

 6-2     implementation of the resolution will have a significant negative

 6-3     fiscal impact on state revenue, the municipality or county may

 6-4     contest the finding by filing an appeal with the comptroller not

 6-5     later than the 10th day after the date the municipality or county

 6-6     receives the written notice under Section 334.022.

 6-7           (b)  Before the 11th day after the date the comptroller

 6-8     receives the appeal under Subsection (a),  the comptroller shall

 6-9     perform a new analysis to determine if implementation of the

6-10     resolution will have a significant negative fiscal impact on state

6-11     revenue and  provide to the municipality or county written notice

6-12     of the results of the analysis.

6-13           (c)  If the comptroller again determines that implementation

6-14     will have a significant negative fiscal impact on state revenue,

6-15     the written analysis required under Subsection (b) must include

6-16     additional information on how to change the resolution so that

6-17     implementation will not have a significant negative fiscal impact

6-18     on state revenue.

6-19           (d)  If the comptroller does not comply with Subsection (b)

6-20     before the 30th day after the date the comptroller receives the

6-21     appeal or request for information, the comptroller is considered to

6-22     have determined that approval and implementation of the resolution

6-23     will not have a significant negative fiscal impact on state

6-24     revenue.

6-25           Sec. 334.0235.  TRANSPORTATION AUTHORITY IMPACT ANALYSIS.

6-26     (a)  If the resolution contains a proposed sales and use tax under

6-27     Subchapter D, and imposition of the tax would result in the

 7-1     reduction of the tax rate of a rapid transit authority created

 7-2     under Chapter 451, Transportation Code, or a regional

 7-3     transportation authority created under Chapter 452, Transportation

 7-4     Code, the municipality or county shall send a copy of the

 7-5     resolution to the authority before calling an election on the

 7-6     resolution under Section 334.024.

 7-7           (b)  Before the 30th day after the date the rapid transit

 7-8     authority receives the copy of the resolution, the authority shall:

 7-9                 (1)  perform an analysis to determine if implementation

7-10     of the proposed sales and use tax and the resulting reduction in

7-11     the authority's tax rate will:

7-12                       (A)  have a significant negative impact on the

7-13     authority's ability to provide services; or

7-14                       (B)  impair any existing contracts; and

7-15                 (2)  provide to the municipality or county written

7-16     notice of the results of the analysis.

7-17           (c)  If the rapid transit authority determines that

7-18     implementation of the resolution will have a significant negative

7-19     impact on the authority's ability to provide services or will

7-20     impair any existing contracts, the written analysis required under

7-21     Subsection (b)(2) must include information on how to change the

7-22     resolution so that implementation will not have a significant

7-23     negative impact on the authority's ability to provide service or

7-24     will not impair any existing contracts.

7-25           (d)  If the rapid transit authority does not complete the

7-26     analysis and provide the notice before the 30th day after the date

7-27     the authority receives the copy of the resolution, the authority is

 8-1     considered to have determined that implementation of the resolution

 8-2     will not have a significant negative impact on the authority's

 8-3     ability to provide services and will not impair any existing

 8-4     contracts.

 8-5           Sec. 334.0236.  APPEAL OF AUTHORITY DETERMINATION.  (a)  If a

 8-6     rapid  transit authority determines under Section 334.0235 that

 8-7     implementation of the resolution will have a significant negative

 8-8     impact on the authority's ability to provide services or will

 8-9     impair an existing contract, the municipality or county may contest

8-10     the finding by filing an appeal with the authority not later than

8-11     the 10th day after the date the municipality or county receives the

8-12     written notice under Section 334.0235.

8-13           (b)  Before the 11th day after the date the rapid transit

8-14     authority receives the appeal under Subsection (a), the authority

8-15     shall  perform a new analysis to determine if implementation of the

8-16     resolution will have a significant negative impact on the

8-17     authority's ability to provide services or will impair an existing

8-18     contract and provide to the municipality or county written notice

8-19     of the results of the analysis.

8-20           (c)  If the authority again determines that implementation

8-21     will have a significant negative impact on the authority's ability

8-22     to provide services or will impair an existing contract, the

8-23     written analysis required under Subsection (b) must include

8-24     additional information on how to change the resolution so that

8-25     implementation will not have a significant negative impact on the

8-26     authority's ability to provide services and will not impair an

8-27     existing contract.

 9-1           (d)  If the rapid transit authority does not comply with

 9-2     Subsection (b) before the 11th day after the date the authority

 9-3     receives the appeal or request for information, the authority is

 9-4     considered to have determined that approval and implementation of

 9-5     the resolution will not have a significant negative impact on the

 9-6     authority's ability to provide services and will not impair any

 9-7     existing contracts.

 9-8           Sec. 334.024.  ELECTION.  (a)  If the comptroller determines

 9-9     under Section 334.022 or 334.023 that the implementation of the

9-10     resolution will not have a significant negative fiscal impact on

9-11     state revenue, and, if applicable, the rapid transit authority

9-12     determines under Section 334.0235 or 334.0236 that the

9-13     implementation will not have a significant negative impact on the

9-14     authority's ability to provide service and will not impair any

9-15     existing contracts, the governing body of the municipality or

9-16     county may order an election on the question of approving and

9-17     implementing the resolution.

9-18           (b)  The order calling the election must:

9-19                 (1)  allow the voters to vote separately on each venue

9-20     project;

9-21                 (2)  designate the venue project;

9-22                 (3)  designate each method of financing authorized by

9-23     this chapter that the municipality or county wants to use to

9-24     finance the project and the maximum rate of each method; and

9-25                 (4)  allow the voters to vote, in the same proposition

9-26     or in separate propositions, on each method of financing authorized

9-27     by this chapter that the municipality or county wants to use to

 10-1    finance the project and the maximum rate of each method.

 10-2          (c)  The ballot at the election held under this section must

 10-3    be printed to permit voting for or against the proposition:

 10-4    "Authorizing ________ (insert name of municipality or county) to

 10-5    _______ (insert description of venue project) and to impose a

 10-6    ________ tax at the rate of ________ (insert the type of tax and

 10-7    the maximum rate of the tax) for the purpose of financing the venue

 10-8    project."

 10-9          (d)  If more than one method of financing is to be voted on

10-10    in one proposition, the ballot must be printed to permit voting for

10-11    or against the proposition:  "Authorizing ________ (insert name of

10-12    municipality or county) to ________ (insert description of venue

10-13    project) and to impose a ________ tax at the rate of _______

10-14    (insert each type of tax and the maximum rate of each tax) for the

10-15    purpose of financing the venue project."

10-16          (e)  The Election Code governs an election held under this

10-17    chapter.

10-18             (Sections 334.025-334.040 reserved for expansion

10-19                     SUBCHAPTER C.  POWERS AND DUTIES

10-20          Sec. 334.041.  GENERAL POWERS.  (a)  A municipality or county

10-21    may  perform any act necessary to the full exercise of the

10-22    municipality's or county's powers under this chapter.

10-23          (b)  A municipality or county may acquire, sell, lease,

10-24    convey, or otherwise dispose of property or an interest in

10-25    property, including an approved venue project, under terms and

10-26    conditions determined by the municipality or county. In a

10-27    transaction with another public entity that is made as provided by

 11-1    this subsection, the public purpose found by the legislature under

 11-2    Section 334.044 is adequate consideration for the municipality or

 11-3    county and the other public entity.

 11-4          (c)  A municipality or county may contract with a public or

 11-5    private person, including a sports team, club, organization, or

 11-6    other entity to:

 11-7                (1)  plan, acquire, establish, develop, construct, or

 11-8    renovate an approved venue project; or

 11-9                (2)  perform any other act the municipality or county

11-10    is authorized to perform under this chapter, other than conducting

11-11    an election under this chapter.

11-12          (d)  A municipality or county may contract with or enter into

11-13    an interlocal agreement with a school district, junior or community

11-14    college district, or an institution of higher education as defined

11-15    by Section 61.003, Education Code, for a purpose described by

11-16    Subsection (c).  The contract or interlocal agreement may provide

11-17    for joint ownership and operation or joint use.

11-18          (e)  The competitive bidding laws, including Chapter 271, do

11-19    not apply to the planning, acquisition, establishment, development,

11-20    construction, or renovation of an approved venue project under this

11-21    chapter.

11-22          (f)  A municipality or county may not use revenue derived

11-23    from ad valorem taxes to construct, operate, maintain, or renovate

11-24    a venue that is part of an approved venue project.

11-25          Sec. 334.0415.  USE OF FINANCING FOR CERTAIN PROJECTS.

11-26    Notwithstanding any other provision of this chapter, a municipality

11-27    or county, or an entity created by or acting on behalf of or in

 12-1    conjunction with a municipality or county, that contracts with a

 12-2    professional sports team or the team's owner or representative on

 12-3    or before November 1, 1998, for the team to relocate and play at an

 12-4    arena, coliseum, or stadium in the municipality or county may not

 12-5    use any method of financing authorized by this chapter to finance

 12-6    the acquisition or construction of the arena, coliseum, or stadium

 12-7    if the team is playing under an existing contract and is located in

 12-8    another arena, coliseum, or stadium owned by a different

 12-9    municipality or county in this state unless the governing body of

12-10    that different municipality or county consents to the contract.

12-11          Sec. 334.042.  VENUE PROJECT FUND.  (a)  A municipality or

12-12    county in which an approved venue project is located shall

12-13    establish by resolution a fund known as the venue project fund.

12-14    The municipality or county shall establish separate accounts within

12-15    the fund for the various revenue sources.

12-16          (b)  The municipality or county shall deposit into the venue

12-17    project fund:

12-18                (1)  the proceeds of any tax imposed by the

12-19    municipality or county under this chapter;

12-20                (2)  all revenue from the sale of bonds or other

12-21    obligations by the municipality or county under this chapter; and

12-22                (3)  any other money required by law to be deposited in

12-23    the fund.

12-24          (c)  The municipality or county may deposit into the venue

12-25    project fund:

12-26                (1)  money received by the municipality or county from

12-27    innovative funding concepts such as the sale or lease of luxury

 13-1    boxes or the sale of licenses for personal seats; and

 13-2                (2)  any other revenue received by the municipality or

 13-3    county from the approved venue project, including stadium rental

 13-4    payments and revenue from concessions and parking.

 13-5          (d)  The municipality or county may use money in the venue

 13-6    project fund to:

 13-7                (1)  reimburse or pay the costs of planning, acquiring,

 13-8    establishing, developing, constructing, or renovating one or more

 13-9    approved venue projects in the municipality or county;

13-10                (2)  pay the principal of, interest on, and other costs

13-11    relating to bonds or other obligations issued by the municipality

13-12    or county or to refund bonds, notes, or other obligations; or

13-13                (3)  pay the costs of operating or maintaining one or

13-14    more approved venue projects.

13-15          (e)  Money deposited into the venue project fund, including

13-16    money deposited under Subsection (c), is the property of the

13-17    municipality or county depositing the money.

13-18          Sec. 334.0425.  BOOKS, RECORDS, AND PAPERS.  The books,

13-19    records, and papers of the municipality or county  relating to an

13-20    approved venue project and the revenue used to finance the project

13-21    are public information and subject to disclosure under Chapter 552,

13-22    Government Code.

13-23          Sec. 334.043.  BONDS AND OTHER OBLIGATIONS.  (a)  A

13-24    municipality or county in which an approved venue project is

13-25    located may issue bonds, including revenue bonds and refunding

13-26    bonds,  or other obligations to pay the costs of the approved venue

13-27    project.

 14-1          (b)  The bonds or other obligations and the proceedings

 14-2    authorizing the bonds or other obligations shall be submitted to

 14-3    the attorney general for review and approval as required by Article

 14-4    3, Chapter 53, Acts of the 70th Legislature, 2nd Called Session,

 14-5    1987 (Article 717k-8, Vernon's Texas Civil Statutes).

 14-6          (c)  The bonds or other obligations must be payable from and

 14-7    secured by the revenues in the venue project fund.

 14-8          (d)  The bonds or other obligations may mature serially or

 14-9    otherwise not more than 30 years from their date of issuance.

14-10          (e)  The bonds or other obligations are not a debt of and do

14-11    not create a claim for payment against the revenue or property of

14-12    the municipality or county other than the revenue sources pledged

14-13    and an approved venue  project for which the bonds are issued.

14-14          Sec. 334.044.  PUBLIC PURPOSE OF VENUE PROJECT.  (a)  The

14-15    legislature finds for all constitutional and statutory purposes

14-16    that an approved venue project is owned, used, and held for public

14-17    purposes by the municipality or county.

14-18          (b)  Section 25.07(a), Tax Code, does not apply to a

14-19    leasehold or other possessory interest granted by the municipality

14-20    or county while the municipality or county owns the venue project.

14-21          (c)  The venue project is exempt from taxation under Section

14-22    11.11, Tax Code, while the municipality or county owns the venue

14-23    project.

14-24          (d)  If approval and implementation of a resolution under

14-25    this chapter results in the removal from a school district's

14-26    property tax rolls of real property otherwise subject to ad valorem

14-27    taxation, the operator of the approved venue project located on

 15-1    that property shall pay to the school district on January 1 of each

 15-2    year in which the project is in operation and in which the real

 15-3    property is exempt from ad valorem taxation an amount equal to the

 15-4    ad valorem taxes that would otherwise have been levied for the

 15-5    preceding tax year on that real property by the school district,

 15-6    without including the value of any improvements.  This subsection

 15-7    does not apply if the operator of the project is a political

 15-8    subdivision of this state.

 15-9             (Sections 334.045-334.080 reserved for expansion

15-10                     SUBCHAPTER D.  SALES AND USE TAX

15-11          Sec. 334.081.  SALES AND USE TAX.  (a)  A municipality by

15-12    ordinance or a county by order may impose a sales and use tax under

15-13    this subchapter.

15-14          (b)  A municipality by ordinance or a county by order may

15-15    repeal or decrease the rate of a tax imposed under this subchapter.

15-16          (c)  A municipality or county may impose a tax under this

15-17    subchapter only if:

15-18                (1)  an approved venue project is or is planned to be

15-19    located in the municipality or county; and

15-20                (2)  the tax is approved at an election held under

15-21    Section 334.024.

15-22          Sec. 334.082.  TAX CODE APPLICABLE.  (a)  Chapter 321, Tax

15-23    Code, governs the imposition, computation, administration,

15-24    collection, and remittance of a municipal tax authorized under this

15-25    subchapter except as inconsistent with this chapter.

15-26          (b)  Chapter 323, Tax Code, governs the imposition,

15-27    computation, administration, collection, and remittance of a county

 16-1    tax authorized under this subchapter except as inconsistent with

 16-2    this chapter.

 16-3          (c)  Sections 321.101(b), 321.506, and 323.101(b), Tax Code,

 16-4    do not apply to the tax authorized by this subchapter.

 16-5          (d)  The tax imposed by this subchapter is in addition to a

 16-6    tax imposed under other law, including Chapters 321 and 323, Tax

 16-7    Code.

 16-8          Sec. 334.083.  TAX RATE.  (a)  The rate of a tax adopted

 16-9    under this subchapter must be one-eighth, one-fourth,

16-10    three-eighths, or one-half of one percent.

16-11          (b)  The ballot proposition at the election held to adopt the

16-12    tax must specify the rate of the tax to be adopted.

16-13          Sec. 334.084.  RATE INCREASE.  (a)  A municipality or county

16-14    that has adopted a sales and use tax under this subchapter at a

16-15    rate of less than one-half of one percent may by ordinance or order

16-16    increase the rate of the tax if the increase is approved by a

16-17    majority of the registered voters of that municipality or county

16-18    voting at an election called and held for that purpose.

16-19          (b)  The tax may be increased under Subsection (a)  in one or

16-20    more increments of one-eighth of one percent to a maximum of

16-21    one-half of one percent.

16-22          (c)  The ballot for an election to increase the tax shall be

16-23    printed to permit voting for or against the proposition:  "The

16-24    adoption of a sales and use tax for the purpose of financing

16-25    _______ (insert description of venue project) at the rate of

16-26    _______ of one percent (insert one-fourth, three-eighths, or

16-27    one-half, as appropriate)."

 17-1          Sec. 334.085.  IMPOSITION IN MUNICIPALITY OR COUNTY WITH

 17-2    OTHER TAXING AUTHORITY.  (a)  In this section, "taxing authority"

 17-3    means:

 17-4                (1)  a rapid transit authority created under Chapter

 17-5    451, Transportation Code;

 17-6                (2)  a regional transportation authority created under

 17-7    Chapter 452, Transportation Code;

 17-8                (3)  a crime control district created under the Crime

 17-9    Control and Prevention District Act (Article 2370c-4, Vernon's

17-10    Texas Civil Statutes); or

17-11                (4)  an industrial development corporation created

17-12    under Section 4A or 4B, Development Corporation Act of 1979

17-13    (Article 5190.6, Vernon's Texas Civil Statutes).

17-14          (b)  Except as provided by Section 334.0855, if a

17-15    municipality or county is included within the boundaries of another

17-16    taxing authority and the adoption or increase of the tax under this

17-17    subchapter would result in a combined tax rate of more than two

17-18    percent in any location in the municipality or county, the election

17-19    to approve or increase the tax under this chapter is to be treated

17-20    for all purposes as an election to reduce the tax rate of the other

17-21    taxing authority (except a rapid transit authority created under

17-22    Chapter 451, Transportation Code) to the highest rate that will not

17-23    result in a combined tax rate of more than two percent in any

17-24    location in the municipality or county.  If the municipality or

17-25    county is located within the boundaries of only one taxing

17-26    authority, and the adoption or increase of the tax under this

17-27    subchapter will result in a decrease of the tax rate of the taxing

 18-1    authority, the ballot at an election to impose or increase the tax

 18-2    must clearly state that the adoption or increase of the tax will

 18-3    result in a reduction of the tax rate of the taxing authority.  If

 18-4    the municipality or county is included within the boundaries of

 18-5    more than one taxing authority, the election to impose or increase

 18-6    the tax under this subchapter must allow the voters to choose which

 18-7    taxing authority's tax will be reduced.

 18-8          (b-1)  If the voters choose reduction of the tax collected by

 18-9    a rapid transit authority created under Chapter 451, Transportation

18-10    Code, and imposition of the tax authorized under this section would

18-11    result in a reduction of the rapid transit authority's tax rate to

18-12    the highest rate that will not result in a combined tax rate of

18-13    more than two percent in any location in the municipality or

18-14    county, an election must be held pursuant to Subchapter M, Chapter

18-15    451, Transportation Code, as applicable for the type of authority

18-16    involved, on the question of withdrawing the affected

18-17    municipalities from the authority prior to imposition of the tax

18-18    authorized in this section.  If withdrawal is not authorized, the

18-19    tax may not be imposed unless authorized pursuant to subsequent

18-20    election(s).  Upon withdrawal of each affected municipality from

18-21    the authority (if withdrawal is authorized), the obligation to

18-22    provide service (including service to persons with disabilities)

18-23    shall be discontinued for that municipality except as required

18-24    under applicable federal law.  In all other respects, the

18-25    provisions of Subchapter M, Chapter 451, Transportation Code,

18-26    governing withdrawal procedures and obligations of municipalities

18-27    upon withdrawal shall apply.

 19-1          (c)  The rate of the tax imposed by the other taxing

 19-2    authority is increased without further action of the board of the

 19-3    authority or the voters of the authority, municipality,  or county

 19-4    on the date on which the tax imposed under this subchapter is

 19-5    decreased or expires, but only to the extent that any tax imposed

 19-6    by the authority was reduced under this section when the tax

 19-7    imposed by the municipality or county was adopted or increased.

 19-8          (d)  This section does not permit a taxing authority to

 19-9    impose taxes at differential tax rates within the territory of the

19-10    authority.

19-11          Sec. 334.0855.  IMPOSITION IN CERTAIN MUNICIPALITIES AND

19-12    COUNTIES.  (a)  This section applies only to a:

19-13                (1)  municipality that is included in a regional

19-14    transportation authority created under Chapter 452, Transportation

19-15    Code; and

19-16                (2)  county that is included within the boundaries of a

19-17    regional transportation authority created under Chapter 452,

19-18    Transportation Code.

19-19          (b)  If the adoption or increase of the tax under this

19-20    subchapter would otherwise result under Section 334.085 in the

19-21    reduction of the tax rate of the transportation authority, the

19-22    election to approve or increase the tax under this subchapter is to

19-23    be treated for all purposes as an election to withdraw from the

19-24    authority in accordance with and subject to Subchapter Q, Chapter

19-25    452, Transportation Code.

19-26          (c)  The ballot language at an election to which this section

19-27    applies must clearly state that the adoption or increase of the tax

 20-1    under this subchapter will result in the withdrawal of the

 20-2    municipality or county from the transportation authority.

 20-3          (d)  A municipality or county subject to this section that

 20-4    votes to adopt or increase the tax under this subchapter may not

 20-5    impose that tax before the date on which the municipality's or

 20-6    county's financial obligations to the authority are satisfied in

 20-7    accordance with Subchapter Q, Chapter 452, Transportation Code.

 20-8          Sec. 334.086.  IMPOSITION OF TAX.  (a)  If the municipality

 20-9    or county adopts the tax, a tax is imposed on the receipts from the

20-10    sale at retail of taxable items in the municipality or county at

20-11    the rate approved at the election.

20-12          (b)  There is also imposed an excise tax on the use, storage,

20-13    or other consumption in the municipality or county of tangible

20-14    personal property purchased, leased, or rented from a retailer

20-15    during the period that the tax is effective in the municipality or

20-16    county.  The rate of the excise tax is the same as the rate of the

20-17    sales tax portion of the tax and is applied to the sale price of

20-18    the tangible personal property.

20-19          Sec. 334.087.  EFFECTIVE DATE OF TAX.  The adoption of the

20-20    tax or the change of the tax rate takes effect on the first day of

20-21    the first calendar quarter occurring after the expiration of the

20-22    first complete quarter occurring after the date on which the

20-23    comptroller receives a notice of the results of the election

20-24    adopting or increasing the tax or of the ordinance or order

20-25    decreasing the tax.

20-26          Sec. 334.088.  DEPOSIT OF TAX REVENUES.  Revenue from the tax

20-27    imposed under this subchapter shall be deposited in the venue

 21-1    project fund of the municipality or county imposing the tax.

 21-2          Sec. 334.089.  ABOLITION OF TAX.  (a)  A sales and use tax

 21-3    imposed under this subchapter may not be collected after the last

 21-4    day of the first calendar quarter occurring after notification to

 21-5    the comptroller by the municipality or county that the municipality

 21-6    or county has abolished the tax or that all bonds or other

 21-7    obligations of the municipality or county that are payable in whole

 21-8    or in part from money in the venue project fund, including any

 21-9    refunding bonds or other obligations, have been paid in full or the

21-10    full amount of money, exclusive of guaranteed interest, necessary

21-11    to pay in full the bonds and other obligations has been set aside

21-12    in a trust account dedicated to the payment of the bonds and other

21-13    obligations.

21-14          (b)  The municipality or county shall notify the comptroller

21-15    of the expiration of the tax not later than the 60th day before the

21-16    expiration date.

21-17             (Sections 334.090-334.100 reserved for expansion

21-18            SUBCHAPTER E.  SHORT-TERM MOTOR VEHICLE RENTAL TAX

21-19          Sec. 334.101.  DEFINITIONS.  (a)  In this subchapter:

21-20                (1)  "Motor vehicle" means a self-propelled vehicle

21-21    designed principally to transport persons or property on a public

21-22    roadway and  includes a passenger car, van, station wagon, sports

21-23    utility vehicle, and truck.  The term does not include a:

21-24                      (A)  trailer, semitrailer, house trailer, truck

21-25    having a manufacturer's rating of more than one-half ton, or

21-26    road-building machine;

21-27                      (B)  device moved only by human power;

 22-1                      (C)  device used exclusively on stationary rails

 22-2    or tracks;

 22-3                      (D)  farm machine; or

 22-4                      (E)  mobile office.

 22-5                (2)  "Rental" means an agreement by the owner of a

 22-6    motor vehicle to authorize for not longer than 30 days the

 22-7    exclusive use of that vehicle to another for consideration.

 22-8                (3)  "Place of business of the owner" means an

 22-9    established outlet, office, or location operated by the owner of a

22-10    motor vehicle or the owner's agent or employee for the purpose of

22-11    renting motor vehicles and includes any location at which three or

22-12    more rentals are made during a year.

22-13          (b)  Except as provided by Subsection (a), words used in this

22-14    subchapter and defined by Chapter 152, Tax Code, have the meanings

22-15    assigned by Chapter 152, Tax Code.

22-16          Sec. 334.102.  TAX AUTHORIZED.  (a)  A municipality by

22-17    ordinance or a county by order may impose a tax on the rental in

22-18    the municipality or county of a motor vehicle.

22-19          (b)  A municipality by ordinance or a county by order may

22-20    repeal or decrease the rate of a tax imposed under Subsection (a).

22-21          (c)  A municipality or county may impose a tax under this

22-22    subchapter only if:

22-23                (1)  an approved venue project is or is planned to be

22-24    located in the municipality or county; and

22-25                (2)  the tax is approved at an election held under

22-26    Section 334.024.

22-27          Sec. 334.103.  SHORT-TERM RENTAL TAX.  (a)  The tax

 23-1    authorized by this subchapter is  imposed at a rate in increments

 23-2    of one-eighth of one percent, not to exceed five percent, on the

 23-3    gross rental receipts from the rental in the municipality or county

 23-4    of a motor vehicle.

 23-5          (b)  The ballot proposition at the election held to adopt the

 23-6    tax must specify the maximum rate of the tax to be adopted.

 23-7          Sec. 334.104.  RATE INCREASE.  (a)  A municipality or county

 23-8    that has adopted a tax under this subchapter at a rate of less than

 23-9    five percent may by ordinance or order increase the rate of the tax

23-10    to a maximum of five percent if the increase is approved by a

23-11    majority of the registered voters of that municipality or county

23-12    voting at an election called and held for that purpose.

23-13          (b)  The ballot for an election to increase the rate of the

23-14    tax shall be printed to permit voting for or against the

23-15    proposition:  "The increase of the motor vehicle rental tax for the

23-16    purpose of financing _____ (insert description of venue project) to

23-17    a maximum rate of _______ percent (insert new maximum rate not to

23-18    exceed five percent)."

23-19          Sec. 334.105.  COMPUTATION OF TAX.  (a)  The owner of a motor

23-20    vehicle subject to the tax imposed under this subchapter shall

23-21    collect the tax for the benefit of the municipality or county.

23-22          (b)  The owner shall add the short-term motor vehicle rental

23-23    tax imposed by the municipality or county under this subchapter, if

23-24    applicable, and the gross rental receipts tax imposed by Chapter

23-25    152, Tax Code, to the rental charge, and the sum of the taxes is a

23-26    part of the rental charge, is a debt owed to the motor vehicle

23-27    owner by the person renting the vehicle, and is recoverable at law

 24-1    in the same manner as the rental charge.

 24-2          Sec. 334.106.  CONSUMMATION OF RENTAL.  A rental of a motor

 24-3    vehicle occurs in the municipality or county in which transfer of

 24-4    possession of the motor vehicle occurs.

 24-5          Sec. 334.107.  EXEMPTIONS APPLICABLE.  The exemptions

 24-6    provided by Subchapter E, Chapter 152, Tax Code, apply to the tax

 24-7    authorized by this subchapter.

 24-8          Sec. 334.108.  NOTICE OF TAX.  Each bill or other receipt for

 24-9    a rental subject to the tax imposed under this subchapter must

24-10    contain a statement in a conspicuous location stating:  "_______

24-11    (insert name of taxing municipality or county) requires that an

24-12    additional tax of ____ percent (insert rate of tax) be imposed on

24-13    each motor vehicle rental for the purpose of financing ______

24-14    (describe approved venue project)."

24-15          Sec. 334.109.  GROSS RECEIPTS PRESUMED SUBJECT TO TAX.  All

24-16    gross receipts of an owner of a motor vehicle from the rental of

24-17    the motor vehicle are presumed to be subject to the tax imposed by

24-18    this subchapter, except for gross receipts for which the owner has

24-19    accepted in good faith a properly completed exemption certificate.

24-20          Sec. 334.110.  RECORDS.  (a)  The owner of a motor vehicle

24-21    used for rental purposes shall keep for four years records and

24-22    supporting documents containing the following information on the

24-23    amount of:

24-24                (1)  gross rental receipts received from the rental of

24-25    the motor vehicle; and

24-26                (2)  the tax imposed under this subchapter and paid to

24-27    the municipality or county on each motor vehicle used for rental

 25-1    purposes by the owner.

 25-2          (b)  Mileage records are not required.

 25-3          Sec. 334.111.  FAILURE TO KEEP RECORDS.  (a)  An owner of a

 25-4    motor vehicle commits an offense if the owner fails to make and

 25-5    retain complete records for the four-year period required by

 25-6    Section 334.110.

 25-7          (b)  An offense under this section is a misdemeanor

 25-8    punishable by a fine of not less than $25 or more than $500.

 25-9          Sec. 334.112.  EFFECTIVE DATE AND ENDING DATE OF TAX.  (a)  A

25-10    tax imposed under this subchapter or a change in the tax rate takes

25-11    effect on the date prescribed by the ordinance or order imposing

25-12    the tax or changing the rate.

25-13          (b)  A municipality or county may impose a tax under this

25-14    subchapter only if the municipality or county issues bonds or other

25-15    obligations under Section 334.043 before the first anniversary of

25-16    the date the tax is imposed.  The municipality or county may not

25-17    impose the tax after those bonds or other obligations are paid in

25-18    full.

25-19          Sec. 334.113.  TAX COLLECTION; PENALTY.  (a)  The owner of a

25-20    motor vehicle required to collect the tax imposed under this

25-21    subchapter shall report and send the taxes collected to the

25-22    municipality or county as provided by the ordinance or order

25-23    imposing the tax.

25-24          (b)  A municipality by ordinance or a county by order may

25-25    prescribe penalties, including interest charges, for failure to

25-26    keep records required by the municipality or county, to report when

25-27    required, or to pay the tax when due.

 26-1          (c)  The attorney acting for the municipality or county may

 26-2    bring suit against a person who fails to collect a tax under this

 26-3    subchapter and to pay it over to the municipality or county as

 26-4    required.

 26-5          Sec. 334.114.  COLLECTION PROCEDURES ON PURCHASE OF MOTOR

 26-6    VEHICLE RENTAL BUSINESS.  (a)  If the owner of a motor vehicle

 26-7    rental business that makes rentals subject to the tax imposed by

 26-8    this subchapter sells the business, the successor to the seller or

 26-9    the seller's assignee shall withhold an amount of the purchase

26-10    price sufficient to pay the amount of tax due until the seller

26-11    provides a receipt by a person designated by the municipality or

26-12    county to provide the receipt showing that the amount has been paid

26-13    or a certificate showing that no tax is due.

26-14          (b)  The purchaser of a motor vehicle rental business who

26-15    fails to withhold an amount of the purchase price as required by

26-16    this section is liable for the amount required to be withheld to

26-17    the extent of the value of the purchase price.

26-18          (c)  The purchaser of a motor vehicle rental business may

26-19    request that the person designated by the municipality or county to

26-20    provide a receipt under Subsection (a)  issue a certificate stating

26-21    that no tax is due or issue a statement of the amount required to

26-22    be paid before a certificate may be issued.  The person designated

26-23    by the municipality or county shall issue the certificate or

26-24    statement not later than the 60th day after the date the person

26-25    receives the request.

26-26          (d)  If the person designated by the municipality or county

26-27    to provide a receipt under Subsection (a)  fails to issue the

 27-1    certificate or statement within the period provided by Subsection

 27-2    (c), the purchaser is released from the obligation to withhold the

 27-3    purchase price or pay the amount due.

 27-4          Sec. 334.115.  DEPOSIT OF TAX REVENUE.  Revenue from the tax

 27-5    imposed under this subchapter shall be deposited in the venue

 27-6    project fund of the municipality or county imposing the tax.

 27-7             (Sections 334.116-334.150 reserved for expansion

 27-8                       SUBCHAPTER F. ADMISSIONS TAX

 27-9          Sec. 334.151.  TAX AUTHORIZED.  (a)  A municipality by

27-10    ordinance or a county by order may impose a tax on each ticket sold

27-11    as admission to an event held at an approved venue project in the

27-12    municipality or county for which the municipality or county has

27-13    issued bonds to plan, acquire, establish, develop, construct, or

27-14    renovate the approved venue project.

27-15          (b)  The municipality or county may not impose the tax under

27-16    this subchapter for admission to an event at a venue that is not an

27-17    approved venue project or for which the municipality or county has

27-18    not issued bonds to plan, acquire, establish, develop, construct,

27-19    or renovate the approved venue project.

27-20          (c)  A municipality or county may impose a tax under this

27-21    subchapter only if:

27-22                (1)  an approved venue project is or will be located in

27-23    the municipality or county; and

27-24                (2)  the tax is approved at an election held under

27-25    Section 334.024.

27-26          Sec. 334.152.  TAX RATE.  (a)  The tax authorized by this

27-27    subchapter is imposed at the tax rate on each ticket sold as

 28-1    admission to an event held at an approved venue.

 28-2          (b)  The amount of the tax may be imposed at any uniform

 28-3    percentage not to exceed 10 percent of the price of the ticket sold

 28-4    as admission to an event held at an approved venue.

 28-5          (c)  The ballot proposition at the election held to adopt the

 28-6    tax must specify the maximum rate of the tax to be adopted.

 28-7          (d)  The municipality by ordinance or the county by order may

 28-8    repeal or decrease the rate of the tax imposed under this

 28-9    subchapter.

28-10          Sec. 334.153.  RATE INCREASE.  (a)  A municipality or county

28-11    that has adopted a tax under this subchapter at the rate of less

28-12    than the maximum percentage allowed by this subchapter may by

28-13    ordinance or order increase the rate of the tax to the maximum

28-14    percentage allowed by this subchapter if the increase is approved

28-15    by a majority of the registered voters of that municipality or

28-16    county voting at an election called and held for that purpose.

28-17          (b)  The ballot for an election to increase the rate of the

28-18    tax shall be printed to permit voting for or against the

28-19    proposition:  "The increase of the admissions tax for the purpose

28-20    of financing _______ (insert description of venue project) to a

28-21    maximum rate of ________ percent of the price of each ticket sold

28-22    as admission to an event held at an approved venue (insert new

28-23    maximum rate not to exceed 10 percent of the price of each ticket

28-24    sold as admission to an event held at an approved venue)."

28-25          Sec. 334.154.  COLLECTION.  (a)  The municipality by

28-26    ordinance or the county by order may require the owner or lessee of

28-27    an approved venue project in the municipality or county to collect

 29-1    the tax for the benefit of the municipality or county.

 29-2          (b)  An owner or lessee required to collect the tax under

 29-3    this section shall add the tax to the admissions price, and the tax

 29-4    is a part of the admissions price, a debt owed to the owner or

 29-5    lessee of the approved venue project by the person admitted, and

 29-6    recoverable at law in the same manner as the admissions charge.

 29-7          (c)  The tax imposed by this subchapter is not an occupation

 29-8    tax imposed on the owner or lessee of the approved venue project.

 29-9          Sec. 334.155.  EFFECTIVE DATE AND ENDING DATE OF TAX.  (a)  A

29-10    tax imposed under this subchapter or a change in a tax  rate takes

29-11    effect on the date prescribed by the ordinance or order imposing

29-12    the tax or changing the rate.

29-13          (b)  A municipality or county may impose a tax under this

29-14    subchapter only if the municipality or county issues bonds or other

29-15    obligations under Section 334.043.  The municipality or county may

29-16    impose the tax only while those bonds or other obligations are

29-17    outstanding and unpaid.

29-18          Sec. 334.156.  COLLECTION OF TAX.  (a)  A person required to

29-19    collect a tax imposed under this subchapter shall report  and send

29-20    the taxes to the municipality or county as provided by the

29-21    municipality or county imposing the tax.

29-22          (b)  A municipality by ordinance or a county by order may

29-23    prescribe penalties, including interest charges, for failure to

29-24    keep records required by the municipality or county, to report when

29-25    required, or to pay the tax when due.  The attorney acting for the

29-26    municipality or county may bring suit against a person who fails to

29-27    collect a tax under this subchapter and to pay it over to the

 30-1    municipality or county as required.

 30-2          (c)  A municipality by ordinance or a county by order may

 30-3    permit a person who is required to collect a tax under this

 30-4    subchapter to retain a percentage of the amount collected and

 30-5    required to be reported as reimbursement to the person for the

 30-6    costs of collecting the tax.  The municipality or county may

 30-7    provide that the person may retain the amount only if the person

 30-8    pays the tax and files reports as required by the municipality or

 30-9    county.

30-10          Sec. 334.157.  DEPOSIT OF TAX REVENUE.  Revenue from the tax

30-11    imposed under this subchapter shall be deposited in the venue

30-12    project fund of the municipality or county imposing the tax.

30-13             (Sections 334.158-334.200 reserved for expansion

30-14                        SUBCHAPTER G.  PARKING TAX

30-15          Sec. 334.201.  EVENT PARKING TAX.  (a)  A municipality by

30-16    ordinance or a county by order may impose a tax on each motor

30-17    vehicle parking in a parking facility of an approved venue project.

30-18          (b)  The municipality or county may impose the tax during a

30-19    period beginning not more than three hours before and ending not

30-20    more than three hours after the time an event in an approved venue

30-21    project is scheduled to begin.  The municipality or county may not

30-22    impose the tax under this subchapter during any other time.

30-23          (c)  A municipality or county may impose a tax under this

30-24    subchapter only if the tax is approved at an election held under

30-25    Section 334.024.

30-26          Sec. 334.202.  TAX RATE.  (a)  The municipality by ordinance

30-27    or the county by order may provide that the tax is imposed at a

 31-1    flat amount on each parked motor vehicle or is imposed as a

 31-2    percentage of the amount charged for event parking by the owner or

 31-3    lessee of the parking facility.

 31-4          (b)  Regardless of the method of imposition, the amount of

 31-5    the tax may not exceed $3 for each motor vehicle.

 31-6          (c)  The ballot proposition at the election held to adopt the

 31-7    tax must specify the maximum rate of the tax to be adopted.

 31-8          (d)  The municipality by ordinance or the county by order may

 31-9    repeal or decrease the rate of the tax imposed under this section.

31-10          Sec. 334.203.  RATE INCREASE.  (a)  A municipality or county

31-11    that has adopted a tax under this subchapter at a rate of less than

31-12    $3 a vehicle may by ordinance or order increase the rate of the tax

31-13    to a maximum of $3 a vehicle if the increase is approved by a

31-14    majority of the registered voters of that municipality or county

31-15    voting at an election called and held for that purpose.

31-16          (b)  The ballot for an election to increase the rate of the

31-17    tax shall be printed to permit voting for or against the

31-18    proposition:  "The increase of the parking tax for the purpose of

31-19    financing _______ (insert description of venue project) to a

31-20    maximum rate of _______ (insert new maximum rate not to exceed

31-21    $3)."

31-22          Sec. 334.204.  COLLECTION.  (a)  The municipality by

31-23    ordinance or the county by order may require the owner or lessee of

31-24    a  parking facility to collect the tax for the benefit of the

31-25    municipality or county.

31-26          (b)  An owner or lessee required to collect the tax under

31-27    this section shall add the tax to the parking charge, and the tax

 32-1    is a part of the parking charge, a debt owed to the parking

 32-2    facility owner or lessee by the person parking, and recoverable at

 32-3    law in the same manner as the parking charge.

 32-4          (c)  The tax imposed by this subchapter is not an occupation

 32-5    tax imposed on the owner or lessee of the parking facility.

 32-6          Sec. 334.205.  EFFECTIVE DATE AND ENDING DATE OF TAX.  (a)  A

 32-7    tax imposed under this subchapter or a change in the tax rate takes

 32-8    effect on the date prescribed by the ordinance or order imposing

 32-9    the tax or changing the rate.

32-10          (b)  A municipality or county may impose a tax under this

32-11    subchapter only if the municipality or county issues bonds or other

32-12    obligations under Section 334.043.  The municipality or county may

32-13    impose the tax only while those bonds or other obligations are

32-14    outstanding and unpaid.

32-15          Sec. 334.206.  COLLECTION OF TAX.  (a)  A person required to

32-16    collect a tax imposed under this subchapter shall report and send

32-17    the taxes to the municipality or county as provided by the

32-18    municipality or county imposing the tax.

32-19          (b)  A municipality by ordinance or a county by order may

32-20    prescribe penalties, including interest charges, for failure to

32-21    keep records required by the municipality or county, to report when

32-22    required, or to pay the tax when due.  The attorney acting for the

32-23    municipality or county may bring suit against a person who fails to

32-24    collect a tax under this subchapter and to pay it over to the

32-25    municipality or county as required.

32-26          (c)  A municipality by ordinance or a county by order may

32-27    permit a person who is required to collect a tax under this

 33-1    subchapter to retain a percentage of the amount collected and

 33-2    required to be reported as reimbursement to the person for the

 33-3    costs of collecting the tax.  The municipality or county may

 33-4    provide that the person may retain the amount only if the person

 33-5    pays the tax and files reports as required by the municipality or

 33-6    county.

 33-7          Sec. 334.207.  DEPOSIT OF TAX REVENUE.  Revenue from the tax

 33-8    imposed under this subchapter shall be deposited in the venue

 33-9    project fund of the municipality or county imposing the tax.

33-10             (Sections 334.208-334.250 reserved for expansion

33-11                   SUBCHAPTER H.  HOTEL OCCUPANCY TAXES

33-12          Sec. 334.251.  DEFINITION.  In this subchapter, "hotel" has

33-13    the meaning assigned by Section 156.001, Tax Code.

33-14          Sec. 334.252.  IMPOSITION OF TAX.  (a)  A municipality by

33-15    ordinance or a county by order may impose a tax on a person who,

33-16    under a lease, concession, permit, right of access, license,

33-17    contract, or agreement, pays for the use or possession or for the

33-18    right to the use or possession of a room that is in a hotel, costs

33-19    $2 or more each day, and is ordinarily used for sleeping.

33-20          (b)  A municipality or county may impose a tax under this

33-21    subchapter only if:

33-22                (1)  an approved venue project is or is planned to be

33-23    located in the municipality or county; and

33-24                (2)  the tax is approved at an election held under

33-25    Section 334.024.

33-26          Sec. 334.253.  TAX CODE APPLICABLE.  (a)  Sections

33-27    351.002(c), 351.004, 351.0041, 351.005, and 351.006, Tax Code,

 34-1    govern the imposition, computation, administration, collection, and

 34-2    remittance of a municipal tax authorized under this subchapter

 34-3    except as inconsistent with this subchapter.

 34-4          (b)  Sections 352.002(c), 352.004, 352.0041, 352.005, and

 34-5    352.007, Tax Code, govern the imposition, computation,

 34-6    administration, collection, and remittance of a county tax

 34-7    authorized under this subchapter except as inconsistent with this

 34-8    subchapter.

 34-9          (c)  The tax imposed by this subchapter is in addition to a

34-10    tax imposed under Chapter 351 or 352, Tax Code.

34-11          Sec. 334.254.  TAX RATE.  (a)  The tax authorized by this

34-12    subchapter may be imposed by a municipality or county at any rate

34-13    not to exceed two percent of the price paid for a room in a hotel.

34-14          (b)  The ballot proposition at the election held to adopt the

34-15    tax must specify the maximum rate of the tax to be adopted.

34-16          Sec. 334.255.  RATE INCREASE.  (a)  A municipality or county

34-17    that has adopted a tax under this subchapter  at a rate of less

34-18    than two percent may by ordinance or order increase the rate of the

34-19    tax to the maximum applicable rate if the increase is approved by a

34-20    majority of the registered voters of that municipality or county

34-21    voting at an election called and held for that purpose.

34-22          (b)  The ballot for an election to increase the rate of the

34-23    tax shall be printed to permit voting for or against the

34-24    proposition:  "The increase of the hotel occupancy tax for the

34-25    purpose of financing __________  (insert description of venue

34-26    project) to a maximum rate of ___________ percent (insert new

34-27    maximum applicable rate)."

 35-1          Sec. 334.256.  NOTICE OF TAX.  Each bill or other receipt for

 35-2    a hotel charge subject to the tax imposed under this subchapter

 35-3    must contain a statement in a conspicuous location stating:

 35-4    "_____________ (insert name of taxing municipality or county)

 35-5    requires that an additional tax of _____ percent (insert rate of

 35-6    tax) be imposed on each hotel charge for the purpose of financing a

 35-7    venue project."

 35-8          Sec. 334.257.  EFFECTIVE DATE AND ENDING DATE OF TAX.  (a)  A

 35-9    tax imposed under this subchapter or a change in the tax rate takes

35-10    effect on the date prescribed by the ordinance or order imposing

35-11    the tax or changing the rate.

35-12          (b)  A municipality or county may impose a tax under this

35-13    subchapter only if the municipality or county issues bonds or other

35-14    obligations under Section 334.043 before the first anniversary of

35-15    the date the tax is imposed.  The municipality or county may impose

35-16    the tax only while those bonds or other obligations are outstanding

35-17    and unpaid.

35-18          Sec. 334.258.  DEPOSIT OF TAX REVENUE.  Revenue from the tax

35-19    imposed under this subchapter shall be deposited in the venue

35-20    project fund of the municipality or county imposing the tax.

35-21             (Sections 334.259-334.300 reserved for expansion

35-22                     SUBCHAPTER I.  FACILITY USE TAX 

35-23          Sec. 334.301.  DEFINITION.  In this subchapter, "major league

35-24    team" means a team that is a member of the National Football

35-25    League, National Basketball Association, or National Hockey League

35-26    or a major league baseball team or any other professional team.

35-27          Sec. 334.302.  TAX AUTHORIZED.  (a)  A municipality by

 36-1    ordinance or a county by order may impose a facility use tax on

 36-2    each member of a major league team that plays a professional sports

 36-3    game in  an approved venue project in the municipality or county

 36-4    for which the municipality or county has issued bonds to plan,

 36-5    acquire, establish, develop, construct, or renovate the approved

 36-6    venue project.

 36-7          (b)  The municipality or county may not impose the facility

 36-8    use tax under this subchapter for a professional sports game at a

 36-9    venue that is not an approved venue project or for which the

36-10    municipality or county has not issued bonds to plan, acquire,

36-11    establish, develop, construct, or renovate the approved venue

36-12    project.

36-13          (c)  A municipality or county may impose a tax under this

36-14    subchapter only if:

36-15                (1)  an approved venue project is or will be located in

36-16    the municipality or county; and

36-17                (2)  the tax is approved at an election held under

36-18    Section 334.024.

36-19          Sec. 334.303.  TAX RATE.  (a)  The tax authorized by this

36-20    subchapter is imposed at the tax rate on each member of the

36-21    professional sports team for each professional game the member

36-22    plays at the approved venue project.

36-23          (b)  The amount of the tax may be imposed at any uniform

36-24    monetary amount not to exceed $5,000 a game.

36-25          (c)  The ballot proposition at the election held to adopt the

36-26    tax must specify the maximum rate of the tax to be adopted.

36-27          (d)  The municipality by ordinance or the county by order may

 37-1    repeal or decrease the rate of the tax imposed under this

 37-2    subchapter.

 37-3          Sec. 334.304.  RATE INCREASE.  (a)  A municipality or county

 37-4    that has adopted a tax under this subchapter  at the rate of less

 37-5    than $5,000 a  game may by ordinance or order increase the rate of

 37-6    the tax to a maximum of $5,000 a game if the increase is approved

 37-7    by a majority of the registered voters of that municipality or

 37-8    county voting at an election called and held for that purpose.

 37-9          (b)  The ballot for an election to increase the rate of the

37-10    tax shall be printed to permit voting for or against the

37-11    proposition:  "The increase of the facility use tax for the purpose

37-12    of financing _______ (insert description of venue project) to a

37-13    maximum rate of ________ a game (insert new maximum rate not to

37-14    exceed $5,000)."

37-15          Sec. 334.305.  COLLECTION.  (a)  The municipality by

37-16    ordinance or the county by order may require the owner or lessee of

37-17    an approved  venue project in the municipality or county to collect

37-18    the tax for the benefit of the municipality or county.

37-19          (b)  The tax imposed by this subchapter is a debt owed to the

37-20    owner or lessee of the approved venue project by the team member

37-21    and recoverable at law.

37-22          (c)  The tax imposed by this subchapter is not an occupation

37-23    tax imposed on the owner or lessee of the approved venue project

37-24    or on the professional sports team member.

37-25          Sec. 334.306.  EFFECTIVE DATE AND ENDING DATE OF TAX.  (a)  A

37-26    tax imposed under this subchapter or a change in a tax   rate takes

37-27    effect on the date prescribed by the ordinance or order imposing

 38-1    the tax or changing the rate.

 38-2          (b)  A municipality or county may impose a tax under this

 38-3    subchapter only if the municipality or county issues bonds or other

 38-4    obligations under Section 334.043.  The municipality or county may

 38-5    impose the tax only while those bonds or other obligations are

 38-6    outstanding and unpaid.

 38-7          Sec. 334.307.  COLLECTION OF TAX.  (a)  A person required to

 38-8    collect a tax imposed under this subchapter shall report   and send

 38-9    the taxes to the municipality or county as provided by the

38-10    municipality or county imposing the tax.

38-11          (b)  A municipality by ordinance or a county by order may

38-12    prescribe penalties, including interest charges, for failure to

38-13    keep records required by the municipality or county, to report when

38-14    required, or to pay the tax when due.  The attorney acting for the

38-15    municipality or county may bring suit against a person who  fails

38-16    to collect a tax under this subchapter and to pay it over to the

38-17    municipality or county as required.

38-18          (c)  A municipality by ordinance or a county by order may

38-19    permit a person who is required to collect a tax under this

38-20    subchapter to retain a percentage of the amount collected and

38-21    required to be reported as reimbursement to the person for the

38-22    costs of collecting the tax.  The municipality or county may

38-23    provide that the person may retain the amount only if the person

38-24    pays the tax and files reports as required by the municipality or

38-25    county.

38-26          Sec. 334.308.  DEPOSIT OF TAX REVENUE.  Revenue from the tax

38-27    imposed under this subchapter shall be deposited in the venue

 39-1    project fund of the municipality or county imposing the tax.

 39-2             (Sections 334.309-334.350 reserved for expansion

 39-3         SUBCHAPTER J.  ATHLETIC EVENTS IN CERTAIN MUNICIPALITIES

 39-4          Sec. 334.351.  DEFINITION.  In this subchapter, "athletic

 39-5    event" means a postseason intercollegiate athletic football bowl

 39-6    game that is held annually.

 39-7          Sec. 334.352.  APPLICATION OF SUBCHAPTER.  This subchapter

 39-8    applies only to a municipality with  a population of more than

 39-9    500,000 that is located in a county that borders the United Mexican

39-10    States.

39-11          Sec. 334.353.  SHORT-TERM MOTOR VEHICLE RENTAL TAX.  (a)

39-12    Notwithstanding any other provision of this chapter, a municipality

39-13    to which this subchapter applies may impose by ordinance a tax on

39-14    the rental in the municipality of a motor vehicle.

39-15          (b)  The municipality may impose the tax only if the tax is

39-16    approved at an election called and held for that purpose.

39-17          (c)  Except as otherwise provided by this subchapter,

39-18    Subchapter E applies to the  tax imposed under this subchapter.

39-19          Sec. 334.354.  USE OF REVENUE.  Notwithstanding any other

39-20    provision of this chapter, the municipality may use revenue from

39-21    the tax to:

39-22                (1)  pay the costs of collecting the tax;

39-23                (2)  operate one or more athletic events in the

39-24    municipality; and

39-25                (3)  pay costs associated with an athletic event in the

39-26    municipality, including paying the costs of planning, acquiring,

39-27    establishing, developing, advertising, promoting, conducting,

 40-1    sponsoring, or otherwise supporting the event.

 40-2            CHAPTER 335.  SPORTS AND COMMUNITY VENUE DISTRICTS

 40-3                     SUBCHAPTER A.  GENERAL PROVISIONS

 40-4          Sec. 335.001.  DEFINITIONS.  In this chapter:

 40-5                (1)  "Approved venue project" has the meaning assigned

 40-6    by Section 334.001, except that the approval of the project must

 40-7    occur under this chapter.

 40-8                (2)  "Board" means the board of directors of a venue

 40-9    district.

40-10                (3)  "District" means a venue district created under

40-11    this chapter.

40-12                (4)  "Related infrastructure" has the meaning assigned

40-13    by Section 334.001.

40-14                (5)  "Venue" has the meaning assigned by Section

40-15    334.001.

40-16                (6)  "Venue project" has the meaning assigned by

40-17    Section 334.001, except that the actions described by that section

40-18    must occur under this chapter.

40-19          Sec. 335.002.  APPLICATION TO VENUE CONSTRUCTED UNDER OTHER

40-20    LAW.  A district may use this chapter for a venue project relating

40-21    to a venue and related infrastructure planned, acquired,

40-22    established, developed, constructed, or renovated under other law,

40-23    including Section 4B, Development Corporation Act of 1979 (Article

40-24    5190.6, Vernon's Texas Civil Statutes), or Subchapter E, Chapter

40-25    451, Transportation Code.

40-26          Sec. 335.003.  OTHER USES OF VENUE PERMITTED.  This chapter

40-27    does not prohibit the use of a venue for an event that is not

 41-1    related to a purpose described by Section 334.001, such as a

 41-2    community-related event.

 41-3          Sec. 335.004.  SPECIFIC PERFORMANCE.  (a)  The legislature

 41-4    expressly finds and determines that:

 41-5                (1)  the presence of a professional sports team in an

 41-6    approved venue project built or renovated under this chapter

 41-7    provides a unique value to the district that built or renovated the

 41-8    project and to each political subdivision that created the district

 41-9    that cannot be adequately valued in money; and

41-10                (2)  the district that built or renovated the approved

41-11    venue project and each political subdivision that created the

41-12    district would suffer irreparable injury if a professional sports

41-13    team breaches its obligation to play its home games in the approved

41-14    venue project as required by an agreement between the sports team

41-15    and the district.

41-16          (b)  An agreement described by Subsection (a)(2) shall be

41-17    enforceable by specific performance in the courts of this state.  A

41-18    waiver of this remedy is contrary to public policy and is

41-19    unenforceable and void.

41-20             (Sections 335.005-335.020 reserved for expansion

41-21                       SUBCHAPTER B.  VENUE DISTRICT

41-22          Sec. 335.021.  CREATION.  A county and a municipality, two or

41-23    more counties, two or more municipalities, or a combination of

41-24    municipalities, counties, or municipalities and counties may create

41-25    a venue district under this chapter to plan, acquire, establish,

41-26    develop, construct, or renovate one or more venue projects in the

41-27    district subject to voter approval under Subchapter D.

 42-1          Sec. 335.022.  ORDER CREATING DISTRICT.  A county and a

 42-2    municipality, two or more counties, two or more municipalities, or

 42-3    a combination of municipalities, counties, or municipalities and

 42-4    counties may create a district under this chapter by  adopting

 42-5    concurrent orders.  A concurrent order must:

 42-6                (1)  contain identical provisions;

 42-7                (2)  define the boundaries of the district to be

 42-8    coextensive with the combined boundaries of each creating political

 42-9    subdivision; and

42-10                (3)  designate the number of directors, the manner of

42-11    appointment, and the manner in which the chair will be appointed in

42-12    accordance with Section 335.031.

42-13          Sec. 335.023.  POLITICAL SUBDIVISION; OPEN MEETINGS.  (a)  A

42-14    district is a political subdivision of the creating political

42-15    subdivisions and of this state.

42-16          (b)  A district is subject to Chapter 551, Government Code.

42-17             (Sections 335.024-335.030 reserved for expansion

42-18                     SUBCHAPTER C.  BOARD OF DIRECTORS

42-19          Sec. 335.031.  COMPOSITION AND APPOINTMENT OF BOARD.  (a)  A

42-20    district is governed by a board of  at least four directors.

42-21          (b)  The board is appointed by the mayors or county judges,

42-22    or both as appropriate, of the political subdivisions that create

42-23    the  district in accordance with the concurrent order.

42-24          (c)  Directors serve staggered two-year terms.  A director

42-25    may be removed by the appointing mayor or county judge at any time

42-26    without cause.  Successor directors are appointed in the same

42-27    manner as the original appointees.

 43-1          (d)  To qualify to serve as a director, a person must be a

 43-2    resident of the appointing political subdivision.  An employee,

 43-3    officer, or member of the governing body of the appointing

 43-4    political subdivision may serve as a director, but may not have a

 43-5    personal interest in a contract executed by the district other than

 43-6    as an employee, officer, or member of the governing body of the

 43-7    political subdivision.

 43-8          Sec. 335.032.  COMPENSATION.  A board member is not entitled

 43-9    to compensation,  but is entitled to reimbursement for actual and

43-10    necessary expenses.

43-11          Sec. 335.033.  MEETINGS.  The board shall conduct its

43-12    meetings in the district.

43-13          Sec. 335.034.  OFFICERS.  The presiding officer is designated

43-14    as provided by the concurrent order.  The board shall designate

43-15    from the members of the board a secretary and other officers the

43-16    board considers  necessary.

43-17             (Sections 335.035-335.050 reserved for expansion

43-18                       SUBCHAPTER D.  VENUE PROJECTS

43-19          Sec. 335.051.  RESOLUTION AUTHORIZING PROJECT.  (a)  A

43-20    district by resolution may provide for the planning, acquisition,

43-21    establishment, development, construction, or renovation of a venue

43-22    project if:

43-23                (1)  the comptroller determines under Section 335.052

43-24    or 335.053 that the implementation of the resolution will not have

43-25    a significant negative fiscal impact on state revenue;

43-26                (2)  to the extent required by Section 335.0535 or

43-27    335.0536, a rapid transit authority determines that the

 44-1    implementation of the resolution will not have a significant

 44-2    negative impact on the authority's ability to provide services and

 44-3    will not impair any existing contracts; and

 44-4                (3)  the resolution is approved by a majority of the

 44-5    qualified voters of each political subdivision that created the

 44-6    district voting at one election or at separate elections called and

 44-7    held for that purpose under Section 335.054.

 44-8          (b)  The resolution must designate each venue project and

 44-9    each method of financing authorized by this chapter that the

44-10    district wants to use to finance a project.  A resolution may

44-11    designate more than one method of financing.

44-12          Sec. 335.052.  STATE FISCAL IMPACT ANALYSIS.  (a)  Before

44-13    calling an election on the resolution under Section 335.054, the

44-14    district shall send a copy of the resolution to the comptroller.

44-15          (b)  Before the 15th day after the date the comptroller

44-16    receives the copy of the resolution, the comptroller shall:

44-17                (1)  perform an analysis to determine if approval and

44-18    implementation of the resolution will have a significant negative

44-19    fiscal impact on state revenue; and

44-20                (2)  provide to the district written notice of the

44-21    results of the analysis.

44-22          (c)  If the comptroller determines that implementation will

44-23    have a significant negative fiscal impact on state revenue, the

44-24    written analysis required under Subsection (b)(2) must include

44-25    information on how to change the resolution so that implementation

44-26    will not have a significant negative fiscal impact on state

44-27    revenue.

 45-1          (d)  If the comptroller does not complete the analysis and

 45-2    provide the notice before the 30th day after the date the

 45-3    comptroller receives the copy of the resolution, the comptroller is

 45-4    considered to have determined that approval and implementation of

 45-5    the resolution will not have a significant negative fiscal impact

 45-6    on state revenue.

 45-7          Sec. 335.053.  APPEAL OF COMPTROLLER DETERMINATION.  (a)  If

 45-8    the comptroller determines under Section 335.052 that

 45-9    implementation of the resolution will have a significant negative

45-10    fiscal impact on state revenue, the district may contest the

45-11    finding by filing an appeal with the comptroller not later than the

45-12    10th day after the date the district receives the written notice

45-13    under Section 335.052.

45-14          (b)  Before the 11th day after the date the comptroller

45-15    receives the appeal under Subsection (a), the comptroller shall

45-16    perform a new analysis to determine if implementation of the

45-17    resolution will have a significant negative fiscal impact on state

45-18    revenue and provide to the district written notice of the results

45-19    of the analysis.

45-20          (c)  If the comptroller again determines that implementation

45-21    will have a significant negative fiscal impact on state revenue,

45-22    the written analysis required under Subsection (b) must include

45-23    additional information on how to change the resolution so that

45-24    implementation will not have a significant negative fiscal impact

45-25    on state revenue.

45-26          (d)  If the comptroller does not comply with Subsection (b)

45-27    before the 30th day after the date the comptroller receives the

 46-1    appeal or request for information, the comptroller is considered to

 46-2    have determined that approval and implementation of the resolution

 46-3    will not have a significant negative fiscal impact on state

 46-4    revenue.

 46-5          Sec. 335.0535.  TRANSPORTATION AUTHORITY IMPACT ANALYSIS.

 46-6    (a)  If the resolution contains a proposed sales and use tax under

 46-7    Subchapter D, Chapter 334, and imposition of the tax would result

 46-8    in the reduction of the tax rate of a rapid transit authority

 46-9    created under Chapter 451, Transportation Code, or a regional

46-10    transportation authority created under Chapter 452, Transportation

46-11    Code, the district shall send a copy of the resolution to the

46-12    authority before calling an election on the resolution under

46-13    Section 335.054.

46-14          (b)  Before the 30th day after the date the rapid transit

46-15    authority receives the copy of the resolution, the authority shall:

46-16                (1)  perform an analysis to determine if implementation

46-17    of the proposed sales and use tax and the resulting reduction in

46-18    the authority's tax rate will:

46-19                      (A)  have a significant negative impact on the

46-20    authority's ability to provide services; or

46-21                      (B)  impair any existing contracts; and

46-22                (2)  provide to the district written notice of the

46-23    results of the analysis.

46-24          (c)  If the rapid transit authority determines that

46-25    implementation of the resolution will have a significant negative

46-26    impact on the authority's ability to provide services or will

46-27    impair any existing contracts, the written analysis required under

 47-1    Subsection (b)(2) must include information on how to change the

 47-2    resolution so that implementation will not have a significant

 47-3    negative impact on the authority's ability to provide service or

 47-4    will not impair any existing contracts.

 47-5          (d)  If the rapid transit authority does not complete the

 47-6    analysis and provide the notice before the 30th day after the date

 47-7    the authority receives the copy of the resolution, the authority is

 47-8    considered to have determined that implementation of the resolution

 47-9    will not have a significant negative impact on the authority's

47-10    ability to provide services and will not impair any existing

47-11    contracts.

47-12          Sec. 335.0536.  APPEAL OF AUTHORITY DETERMINATION.  (a)  If a

47-13    rapid transit authority determines under Section 335.0535 that

47-14    implementation of the resolution will have a significant negative

47-15    impact on the authority's ability to provide services or will

47-16    impair an existing contract, the district may contest the finding

47-17    by filing an appeal with the authority not later than the 10th day

47-18    after the date the district receives the written notice under

47-19    Section 335.0535.

47-20          (b)  Before the 11th day after the date the rapid transit

47-21    authority receives the appeal under Subsection (a), the authority

47-22    shall  perform a new analysis to determine if implementation of the

47-23    resolution will have a significant negative impact on the

47-24    authority's ability to provide services or will impair an existing

47-25    contract and provide to the district written notice of the results

47-26    of the analysis.

47-27          (c)  If the authority again determines that implementation

 48-1    will have a significant negative impact on the authority's ability

 48-2    to provide services or will impair an existing contract, the

 48-3    written analysis required under Subsection (b) must include

 48-4    additional information on how to change the resolution so that

 48-5    implementation will not have a significant negative impact on the

 48-6    authority's ability to provide services and will not impair an

 48-7    existing contract.

 48-8          (d)  If the rapid transit authority does not comply with

 48-9    Subsection (b) before the 11th day after the date the authority

48-10    receives the appeal or request for information, the authority is

48-11    considered to have determined that approval and implementation of

48-12    the resolution will not have a significant negative impact on the

48-13    authority's ability to provide services and will not impair any

48-14    existing contracts.

48-15          Sec. 335.054.  ELECTION.  (a)  If the comptroller determines

48-16    under Section 335.052 or 335.053 that implementation of the

48-17    resolution will not have a significant negative fiscal impact on

48-18    state revenue, and, if applicable, the rapid transit authority

48-19    determines under Section 335.0535 or 335.0536 that the

48-20    implementation will not have a significant impact on the

48-21    authority's ability to provide service and will not impair any

48-22    existing contracts, the board may order an election or elections on

48-23    the question of approving and implementing the resolution.  In a

48-24    district created by a county with a population of more than 2.2

48-25    million and a municipality with a population of more than 1.2

48-26    million, the board may order one district-wide election or may

48-27    order a separate election in each political subdivision that

 49-1    created the district.  The election or elections shall be held on

 49-2    the same day.

 49-3          (b)  The order calling the election or elections must:

 49-4                (1)  allow the voters to vote separately on each venue

 49-5    project;

 49-6                (2)  designate the venue project;

 49-7                (3)  designate each method of financing authorized by

 49-8    this chapter that the district wants to use to finance the project

 49-9    and the maximum rate of each method; and

49-10                (4)  allow the voters to vote, in the same proposition

49-11    or in separate propositions, on each method of financing authorized

49-12    by this chapter that the district wants to use to finance the

49-13    project and the maximum rate of each method.

49-14          (c)  The ballot at the election or elections held under this

49-15    section must be printed to permit voting for or against the

49-16    proposition:  "Authorizing ________  (insert name of district) to

49-17    __________ (insert description of venue project) and to impose a

49-18    __________ tax (insert type of tax) at the rate of ________ (insert

49-19    maximum rate) for the purpose of financing the venue project."

49-20          (d)  If more than one method of financing is to be voted on

49-21    in one proposition, the ballot must be printed to permit voting for

49-22    or against the proposition:  "Authorizing _________ (insert name of

49-23    district) to __________ (insert description of venue project) and

49-24    to impose a __________ tax at the rate of ________ (insert each

49-25    type of tax and the maximum rate of each tax) for the purpose of

49-26    financing the venue project."

49-27          (e)  If a majority of the votes cast at the district-wide

 50-1    election or at the election in each creating political subdivision

 50-2    approves the proposition authorizing the project, the district may

 50-3    implement the resolution.  If separate elections are held and a

 50-4    majority of the votes cast in one or more of the creating political

 50-5    subdivisions disapproves the proposition authorizing the project,

 50-6    the district may not implement the resolution.  If the project is

 50-7    approved, but one or more financing methods contained in separate

 50-8    propositions are disapproved, the district may use only the

 50-9    approved financing methods.

50-10          (f)  The Election Code governs an election held under this

50-11    chapter.

50-12             (Sections 335.055-335.070 reserved for expansion

50-13                     SUBCHAPTER E.  POWERS AND DUTIES

50-14          Sec. 335.071.  GENERAL POWERS OF DISTRICT.  (a)  A district

50-15    may:

50-16                (1)  perform any act necessary to the full exercise of

50-17    the district's powers;

50-18                (2)  accept a gift, grant, or loan from a:

50-19                      (A)  department or agency of the United States;

50-20                      (B)  department, agency, or political subdivision

50-21    of this state; or

50-22                      (C)  public or private person;

50-23                (3)  acquire, sell, lease, convey, or otherwise dispose

50-24    of property or an interest in property, including a right-of-way or

50-25    easement or an approved  venue project, under terms and conditions

50-26    determined by the district;

50-27                (4)  employ necessary personnel; and

 51-1                (5)  adopt rules to govern the operation of the

 51-2    district and its employees and property.

 51-3          (b)  A district may contract with a public or private person,

 51-4    including one or more political subdivisions that created the

 51-5    district or a sports team, club, organization, or other entity, to:

 51-6                (1)  plan, acquire, establish, develop, construct, or

 51-7    renovate an approved venue project; or

 51-8                (2)  perform any other act the district is authorized

 51-9    to perform under this chapter, other than conducting an election

51-10    under this chapter.

51-11          (c)  A district may contract with or enter into an interlocal

51-12    agreement with a school district, junior or community college

51-13    district, or an institution of higher education as defined by

51-14    Section 61.003, Education Code, for a purpose described by

51-15    Subsection (b).  The contract or interlocal agreement may provide

51-16    for joint ownership and operation or joint use.

51-17          (d)  The competitive bidding laws, including Chapter 271, do

51-18    not apply to the planning, acquisition, establishment, development,

51-19    construction, or renovation of an approved venue project.

51-20          (e)  A district may impose any tax a municipality or county

51-21    may impose under Chapter 334, subject to approval of the voters of

51-22    the district as prescribed by this chapter and Chapter 334.  The

51-23    district shall impose the tax in the same manner as a county or

51-24    municipality and may issue bonds in lieu of a county or

51-25    municipality as required by Chapter 334.

51-26          (f)  A district may not levy an ad valorem tax.

51-27          (g)  In a transaction with another public entity that is made

 52-1    as provided by Subsection (a)(3), the public purpose found by the

 52-2    legislature under Section 335.074 is adequate consideration for the

 52-3    district and the other public entity.

 52-4          (h)  A district has the right and power of eminent domain

 52-5    under Chapter 21, Property Code, to acquire and condemn any

 52-6    interest, including a fee simple interest, in real property in the

 52-7    district, in connection with the planning, acquisition,

 52-8    establishment, development, construction, renovation, repair,

 52-9    maintenance, or operation of an approved venue project.  A district

52-10    is not required to provide bond for appeal or bond for costs under

52-11    Section 21.021(a)(2) or (3), Property Code, in any lawsuit to which

52-12    the district is a party and is not required to deposit more than

52-13    the amount of the award in a suit.

52-14          Sec. 335.0715.  USE OF FINANCING FOR CERTAIN PROJECTS.

52-15    Notwithstanding any other provision of this chapter, a district, a

52-16    municipality or county that created the district, or an entity

52-17    created by or acting on behalf of or in conjunction with the

52-18    district, municipality, or county, that contracts with a

52-19    professional sports team or the team's owner or representative on

52-20    or before November 1, 1998, for the team to relocate and play at an

52-21    arena, coliseum, or stadium in the district may not use any method

52-22    of financing authorized by this chapter to finance the acquisition

52-23    or construction of the arena, coliseum, or stadium if the team is

52-24    playing under an existing contract and is located in another arena,

52-25    coliseum, or stadium owned by a different municipality or county in

52-26    this state unless the governing body of that different municipality

52-27    or county consents to the contract.

 53-1          Sec. 335.072.  VENUE PROJECT FUND.  (a)  A district in which

 53-2    an approved venue project is located shall establish by resolution

 53-3    a fund known as the venue project fund.  The district shall

 53-4    establish separate accounts within the fund for the various revenue

 53-5    sources.

 53-6          (b)  The district shall deposit into the venue project fund:

 53-7                (1)  the proceeds from any tax imposed by the district;

 53-8                (2)  all revenue from the sale of bonds or other

 53-9    obligations by the district;

53-10                (3)  money received under Section 335.075 from a

53-11    political subdivision that created the district; and

53-12                (4)  any other money required by law to be deposited in

53-13    the fund.

53-14          (c)  The district may deposit into the venue project fund:

53-15                (1)  money received by the district from innovative

53-16    funding concepts such as the sale or lease of luxury boxes or the

53-17    sale of licenses for personal seats; and

53-18                (2)  any other revenue received by the district from

53-19    the approved venue project, including stadium rental payments and

53-20    revenue from concessions and parking.

53-21          (d)  The district may use money in the venue project fund to:

53-22                (1)  reimburse or pay the costs of planning, acquiring,

53-23    establishing, developing, constructing, or renovating one or more

53-24    approved venue projects in the district;

53-25                (2)  pay the principal of, interest on, and other costs

53-26    relating to bonds or other obligations  issued by the district or

53-27    to refund bonds or other obligations; or

 54-1                (3)  pay the costs of operating or maintaining one or

 54-2    more approved venue projects.

 54-3          (e)  Money deposited into the venue project fund, including

 54-4    money deposited under Subsection (c), is the property of the

 54-5    district depositing the money.

 54-6          Sec. 335.0725.  BOOKS, RECORDS, AND PAPERS.  The books,

 54-7    records, and papers of the district relating to an approved venue

 54-8    project and the revenue used to finance the project are public

 54-9    information and subject to disclosure under Chapter 552, Government

54-10    Code.

54-11          Sec. 335.073.  BONDS AND OTHER OBLIGATIONS.  (a)  A district

54-12    in which an approved venue project is located  may issue bonds,

54-13    including revenue bonds and refunding bonds, or other obligations

54-14    to pay the costs of the approved venue project.  For a district

54-15    created by a county with a population of more than 2.2 million and

54-16    a municipality with a population of more than 1.2 million, the

54-17    power of the district to issue bonds or other obligations is

54-18    subject to the prior approval by the governing bodies of the county

54-19    and municipality.

54-20          (b)  The bonds or other obligations and the proceedings

54-21    authorizing the bonds or other obligations shall be submitted to

54-22    the attorney general for review and approval as required by Article

54-23    3, Chapter 53, Acts of the 70th Legislature, 2nd Called Session,

54-24    1987 (Article 717k-8, Vernon's Texas Civil Statutes).

54-25          (c)  The bonds or other obligations must be payable from and

54-26    secured by the designated revenues in the venue project fund.

54-27          (d)  The bonds or other obligations may mature serially or

 55-1    otherwise not more than 30 years from their date of issuance.

 55-2          (e)  The bonds or other obligations are not a debt of and do

 55-3    not create a claim for payment against the revenue or property of

 55-4    the district other than the revenue sources pledged and an approved

 55-5    venue  project for which the bonds are issued.

 55-6          (f)  A district may issue short term obligations and enter

 55-7    into credit agreements under Chapter 656, Acts of the 68th

 55-8    Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas

 55-9    Civil Statutes).  For purposes of that Act, a district is a "public

55-10    utility" and an approved venue project is an "eligible project."

55-11          Sec. 335.074.  PUBLIC PURPOSE OF VENUE PROJECT.  (a)  The

55-12    legislature finds for all constitutional and statutory purposes

55-13    that an approved venue project is owned, used, and held for public

55-14    purposes by the district.

55-15          (b)  Section 25.07(a), Tax Code, does not apply to a

55-16    leasehold or other possessory interest granted by the district

55-17    while the district owns the venue project.

55-18          (c)  The project is exempt from taxation under Section 11.11,

55-19    Tax Code, while the district owns the venue project.

55-20          (d)  If approval and implementation of a resolution under

55-21    this chapter results in the removal from a school district's

55-22    property tax rolls of real property otherwise subject to ad valorem

55-23    taxation, the operator of the approved venue project located on

55-24    that real property shall pay to the school district on January 1 of

55-25    each year in which the project is in operation and in which the

55-26    real property is exempt from ad valorem taxation an amount equal to

55-27    the ad valorem taxes that would otherwise have been levied for the

 56-1    preceding tax year on that real property by the school district,

 56-2    without including the value of any improvements.  This subsection

 56-3    does not apply if the operator of the project is a political

 56-4    subdivision of this state.

 56-5          Sec. 335.075.  CONTRIBUTION OR DEDICATION OF CERTAIN REVENUE

 56-6    BY POLITICAL SUBDIVISION.  (a)  A political subdivision, including

 56-7    a metropolitan rapid transit authority created under Chapter 451,

 56-8    Transportation Code, may contribute or dedicate to the district all

 56-9    or part of the sales and use tax revenue received by the political

56-10    subdivision that is generated, paid, or collected by any or all

56-11    businesses operating in an approved venue project.  If the

56-12    political subdivision contributes or dedicates the revenue to

56-13    assist the district in securing bonds or other obligations,

56-14    including refunding bonds, that are issued to provide funding for

56-15    an approved venue project, the political subdivision may not make a

56-16    contribution or dedication for that purpose after the date on which

56-17    those bonds or other obligations are no longer outstanding.

56-18          (b)  A political subdivision may contribute or dedicate sales

56-19    and use tax revenue under this section only if the governing body

56-20    or governing board of the political subdivision determines that the

56-21    approved venue project from which the revenue was or will be

56-22    derived will contribute to the economic, cultural, or recreational

56-23    development or well-being of the residents of the political

56-24    subdivision.

56-25          (c)  The district shall deposit revenue contributed or

56-26    dedicated under this section in the venue project fund and may use

56-27    the revenue in the same manner as any other money deposited in the

 57-1    fund.

 57-2          (d)  A contribution or dedication of revenue under this

 57-3    section is not a "method of financing" of the district as that term

 57-4    is used in Subchapter D.

 57-5          SECTION 2.  Section 4A, Development Corporation Act of 1979

 57-6    (Article 5190.6, Vernon's Texas Civil Statutes), is amended by

 57-7    adding Subsection (s) to read as follows:

 57-8          (s)(1)  A city that creates or has created a corporation

 57-9    governed by this section may submit to the voters of the city, at a

57-10    separate election to be held on a uniform election date or at an

57-11    election held under another provision of this Act, including the

57-12    election at which the proposition to initially authorize the

57-13    collection of a sales and use tax for the benefit of the

57-14    corporation is submitted, a ballot proposition that authorizes the

57-15    corporation to use the sales and use tax, including any amount

57-16    previously authorized and collected, for a specific project or for

57-17    a specific category of projects, including a sports venue and

57-18    related infrastructure, that does not qualify under this section

57-19    but qualifies under Section 4B of this Act.  Prior approval of a

57-20    specific project at an election or completion of a specific project

57-21    approved at an election does not prohibit a city from seeking voter

57-22    approval of an additional project or category of projects under

57-23    this subsection to be funded from the same sales and use tax.

57-24                (2)  In the election to authorize the use of the sales

57-25    or use tax for a specific project or for a specific category of

57-26    projects not authorized under this section, including a sports

57-27    venue and related infrastructure, the project or category of

 58-1    projects must be clearly described on the ballot so that a voter

 58-2    will be able to discern the limits of the specific project or

 58-3    category of projects authorized by the proposition.  If maintenance

 58-4    and operating costs of an otherwise authorized facility are to be

 58-5    paid from the sales or use tax, the ballot language must clearly

 58-6    state that fact.

 58-7                (3)  Before an election may be held under this

 58-8    subsection, a public hearing shall be held in the city to inform

 58-9    the residents of the city of the cost and impact of the project or

58-10    category of projects.  At least 30 days before the date set for the

58-11    hearing, a notice of the date, time, place, and subject of the

58-12    hearing shall be published in a newspaper with general circulation

58-13    in the city in which the project is located.  The notice shall be

58-14    published on a weekly basis until the date of the hearing.

58-15                (4)  If a majority of the voters voting on the issue do

58-16    not approve a specific project or a specific category of projects

58-17    at an election under this subsection, another election may not be

58-18    held on the same project or category of projects before the first

58-19    anniversary of the date of the most recent election disapproving

58-20    the project or category of projects.

58-21                (5)  In this subsection:

58-22                      (A)  "Related infrastructure" has the meaning

58-23    assigned by Section 334.001, Local Government Code.

58-24                      (B)  "Sports venue" means an arena, coliseum,

58-25    stadium, or other type of area or facility:

58-26                            (i)  that is primarily used or is planned

58-27    for primary use for one or more professional or amateur sports or

 59-1    athletics events; and

 59-2                            (ii)  for which a fee for admission to the

 59-3    sports or athletics events, other than occasional civic,

 59-4    charitable, or promotional events, is charged or is planned to be

 59-5    charged.

 59-6          SECTION 3.  Section 4B, Development Corporation Act of 1979

 59-7    (Article 5190.6, Vernon's Texas Civil Statutes), is amended by

 59-8    adding Subsections (a-3) and (a-4) to read as follows:

 59-9          (a-3)(1)  A city that creates or has created a corporation

59-10    governed by this section may submit to the voters of the city, at a

59-11    separate election to be held on a uniform election date or at an

59-12    election held under another provision of this Act, including the

59-13    election at which the proposition to initially authorize the

59-14    collection of a sales and use tax for the benefit of the

59-15    corporation is submitted, a ballot proposition that authorizes the

59-16    corporation to use the sales and use tax, including any amount

59-17    previously authorized and collected, for a specific sports venue

59-18    project, including related infrastructure, or for a specific

59-19    category of sports venue projects, including related

59-20    infrastructure.  Prior approval of a specific sports venue project

59-21    at an election or completion of a specific sports venue project

59-22    approved at an election does not prohibit a city from seeking voter

59-23    approval of an additional project or category of projects under

59-24    this subsection to be funded from the same sales and use tax.

59-25                (2)  In the election to authorize the use of the sales

59-26    or use tax for a specific sports venue project or for a specific

59-27    category of sports venue projects, the project or category of

 60-1    projects must be clearly described on the ballot so that a voter

 60-2    will be able to discern the limits of the specific project or

 60-3    category of projects authorized by the proposition.  If maintenance

 60-4    and operating costs of an otherwise authorized facility are to be

 60-5    paid from the sales or use tax, the ballot language must clearly

 60-6    state that fact.

 60-7                (3)  Before an election may be held under this

 60-8    subsection, a public hearing shall be held in the city to inform

 60-9    the residents of the city of the cost and impact of the project or

60-10    category of projects.  At least 30 days before the date set for the

60-11    hearing, a notice of the date, time, place, and subject of the

60-12    hearing shall be published in a newspaper with general circulation

60-13    in the city in which the project is located.  The notice shall be

60-14    published on a weekly basis until the date of the hearing.

60-15                (4)  If a majority of the voters voting on the issue do

60-16    not approve a specific sports venue project or a specific category

60-17    of sports venue projects at an election under this subsection,

60-18    another election may not be held on the same project or category of

60-19    projects before the first anniversary of the date of the most

60-20    recent election disapproving the project or category of projects.

60-21          (a-4)  In this section:

60-22                (1)  "Related infrastructure" has the meaning assigned

60-23    by Section 334.001, Local Government Code.

60-24                (2)  "Sports venue" means an arena, coliseum, stadium,

60-25    or other type of area or facility that is primarily used or is

60-26    planned for primary use for one or more professional or amateur

60-27    sports or athletics events and for which a fee for admission to the

 61-1    sports or athletics events, other than occasional civic,

 61-2    charitable, or promotional events, is charged or is planned to be

 61-3    charged.  The term does not include an arena, coliseum, stadium, or

 61-4    other type of area or facility that is or will be owned and

 61-5    operated by a state-supported institution of higher education.

 61-6          SECTION 4.  Subchapter F, Chapter 321, Tax Code, is amended

 61-7    by adding Section 321.508 to read as follows:

 61-8          Sec. 321.508.  PLEDGE OF TAX REVENUE.  (a)  A municipality

 61-9    may call and hold an election on the issue of authorizing the

61-10    municipality to pledge  a percentage of the sales and use tax

61-11    revenue received under Section 321.101(a) or (b), or both, to the

61-12    payment of obligations issued to pay all or part of the costs of

61-13    one or more sports and community venue projects located in the

61-14    municipality.

61-15          (b)  The ballot at the election under this section must be

61-16    printed to permit voting for or against the proposition:

61-17    "Authorizing the City of ______ (insert name of municipality) to

61-18    pledge not more than ______ percent (insert percentage not to

61-19    exceed 25 percent) of the revenue received from the _________

61-20    (insert municipal sales and use tax, additional municipal sales and

61-21    use tax, or both) previously adopted in the city to the payment of

61-22    obligations issued to pay all or part of the costs of _________

61-23    (insert description of  each sports and community venue project)."

61-24          (c)  If a majority of the voters vote in favor of the

61-25    proposition, the municipality may:

61-26                (1)  issue bonds, notes, or other obligations that are

61-27    payable from the pledged revenues to pay for all or part of the

 62-1    costs of the sports and community venue project or projects

 62-2    described in the proposition; and

 62-3                (2)  set aside the portion of the revenue approved at

 62-4    the election that the municipality actually receives and pledge

 62-5    that revenue as security for the payment of the bonds, notes, or

 62-6    other obligations.

 62-7          (d)  If the municipality pledges revenue under Subsection

 62-8    (c), the pledge and security interest shall continue while the

 62-9    bonds, notes, or obligations, including refunding obligations, are

62-10    outstanding and unpaid.

62-11          (e)  The municipality may direct the comptroller to deposit

62-12    the pledged revenue to a trust or account as may be required to

62-13    obtain the financing and to protect the related security interest.

62-14          (f)  Sections 321.506 and 321.507 do not apply to taxes

62-15    pledged under this section.

62-16          (g)  In this section, "sports and community venue project"

62-17    has the meaning assigned by Section 334.001, Local Government Code.

62-18          SECTION 5.  The changes in law made by this Act do not apply

62-19    to the use of tax revenue pledged to secure bonds issued before the

62-20    effective  date of this Act.  Tax revenue pledged to secure bonds

62-21    issued before the effective date of this Act is governed by the law

62-22    in effect on the date the bonds were issued, and that law is

62-23    continued in effect for that purpose.

62-24          SECTION 6.  (a)  This Act does not affect the authority of:

62-25                (1)  a municipality that created an industrial

62-26    development corporation under Section 4A or 4B, Development

62-27    Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil

 63-1    Statutes), before the effective date of this Act to continue to

 63-2    collect any tax authorized for the benefit of the corporation

 63-3    before that date; or

 63-4                (2)  an industrial development corporation described by

 63-5    Subdivision (1) to continue a project or category of projects

 63-6    authorized for the corporation before the effective date of this

 63-7    Act that the corporation had begun before that date.

 63-8          (b)  A tax collected under Subsection (a)(1) of this section

 63-9    or a project continued under Subsection (a)(2) of this section is

63-10    subject to the same restrictions applicable under Sections 4A and

63-11    4B, Development Corporation Act of 1979 (Article 5190.6, Vernon's

63-12    Texas Civil Statutes), as those sections existed immediately before

63-13    the effective date of this Act, and that law is continued in effect

63-14    for that purpose.

63-15          SECTION 7.  Notwithstanding any other provision of Chapter

63-16    334 or 335, Local Government Code, as added by this Act, an

63-17    election to approve a sports and community venue project, to

63-18    approve a method of financing for the venue project, other than the

63-19    imposition of a sales and use tax or a facility use tax, or to

63-20    create a sports and community venue district in a specific county

63-21    or municipality is not necessary if, at an election held before the

63-22    effective date of this Act, the voters of that county, or of the

63-23    county in which the municipality or district is primarily located,

63-24    authorized the establishment and operation of new or renovated

63-25    stadiums, arenas, or other facilities for professional sports

63-26    teams.  This section:

63-27                (1)  negates the necessity of an election only for the

 64-1    type of venue project approved at the previous election; and

 64-2                (2)  does not negate the necessity of an election for

 64-3    approval of the imposition of a sales and use tax or a facility use

 64-4    tax to finance a venue project.

 64-5          SECTION 8.  Notwithstanding any other provision of Chapter

 64-6    334 or 335, Local Government Code, as added by this Act, a

 64-7    municipality, county, or venue district is not required to obtain

 64-8    from the comptroller a determination of state fiscal impact if, at

 64-9    an election held before the effective date of this Act, the voters

64-10    of that county, or of the county in which the municipality or

64-11    district is primarily located, authorized the establishment and

64-12    operation of new or renovated stadiums, arenas, or other facilities

64-13    for professional sports teams.  This section negates the necessity

64-14    of a comptroller determination only for the type of venue project

64-15    approved at the previous election.

64-16          SECTION 9.  All acts or proceedings authorized or undertaken

64-17    by a sports and community venue district or by a county or

64-18    municipality that created the district that were undertaken before

64-19    the effective date of this Act, including acts or proceedings to

64-20    create the district, are validated and confirmed in all respects,

64-21    provided that the validation and confirmation do not apply to an

64-22    act or proceeding that is subject to litigation that is pending on

64-23    the effective date of this Act.

64-24          SECTION 10.  If any provision of this Act or its application

64-25    to any person or circumstance is held invalid, the invalidity does

64-26    not affect other provisions or applications of this Act that can be

64-27    given effect without the invalid provision or application, and to

 65-1    this end the provisions of this Act are severable.

 65-2          SECTION 11.  The importance of this legislation and the

 65-3    crowded condition of the calendars in both houses create an

 65-4    emergency and an imperative public necessity that the

 65-5    constitutional rule requiring bills to be read on three several

 65-6    days in each house be suspended, and this rule is hereby suspended,

 65-7    and that this Act take effect and be in force from and after its

 65-8    passage, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 92 was passed by the House on May 8,

         1997, by a non-record vote; and that the House concurred in Senate

         amendments to H.B. No. 92 on May 22, 1997, by the following vote:

         Yeas 88, Nays 56, 2 present, not voting.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 92 was passed by the Senate, with

         amendments, on May 20, 1997, by the following vote:  Yeas 23, Nays

         7, 1 present, not voting.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor