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