By Brimer                                               H.B. No. 92

      75R857 CBH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

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

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

 1-4     and the issue 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 VENUES

 1-9                      SUBCHAPTER A.  GENERAL PROVISIONS

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

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

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

1-13     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" means any store,

1-17     restaurant, concession, automobile parking facility,  area

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

1-19     or other on-site or off-site improvement that relates to and

1-20     enhances the use, value, or appeal of a sports venue and any other

1-21     expenditure reasonably necessary to construct, improve, renovate,

1-22     or expand a sports venue.

1-23                 (4)  "Sports venue" means an arena, coliseum, stadium,

1-24     or other type of area or facility:

 2-1                       (A)  that is primarily used or is planned for

 2-2     primary use for one or more professional or amateur sports or

 2-3     athletics events; and

 2-4                       (B)  for which a fee for admission to the sports

 2-5     or athletics events, other than occasional civic, charitable, or

 2-6     promotional events, is charged or is planned to be charged.

 2-7                 (5)  "Sports venue project" means a sports venue and

 2-8     related infrastructure that is planned, acquired, established,

 2-9     developed, constructed, or renovated under this chapter.

2-10           Sec. 334.002.  APPLICATION TO SPORTS VENUE CONSTRUCTED UNDER

2-11     OTHER LAW.  A county or municipality may use this chapter for a

2-12     sports venue project relating to a sports venue and related

2-13     infrastructure planned, acquired, established, developed,

2-14     constructed, or renovated under other law, including Section 4B,

2-15     Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas

2-16     Civil Statutes), or Subchapter E, Chapter 451, Transportation Code,

2-17     only if:

2-18                 (1)  all bonds or other obligations issued under the

2-19     other law in relation to the project have been paid in full; or

2-20                 (2)  the full amount of money, exclusive of guaranteed

2-21     interest, necessary to pay in full the bonds or other obligations

2-22     has been set aside in a trust account dedicated to the payment of

2-23     the bonds and other obligations.

2-24           Sec. 334.003.  OTHER USES OF SPORTS VENUE PERMITTED.  This

2-25     chapter does not prohibit the use of a sports venue for an event

2-26     that is not related to sports or athletics, such as a

2-27     community-related event.

 3-1              (Sections 334.004-334.020 reserved for expansion

 3-2                    SUBCHAPTER B.  SPORTS VENUE PROJECTS

 3-3           Sec. 334.021.  RESOLUTION AUTHORIZING PROJECT.  (a)  A county

 3-4     or municipality by resolution may provide for the  planning,

 3-5     acquisition, establishment, development, construction, or

 3-6     renovation of a sports venue project if:

 3-7                 (1)  the comptroller determines under Section 334.022

 3-8     or 334.023 that the implementation of the resolution will not have

 3-9     a negative fiscal impact on state revenue; and

3-10                 (2)  the resolution is approved by a majority of the

3-11     qualified voters of the municipality or county voting at an

3-12     election called and held for that purpose under Section 334.024.

3-13           (b)  The resolution must designate the sports venue project

3-14     and each method of financing authorized by this chapter that the

3-15     municipality or county wants to use to finance the project.  A

3-16     resolution may designate more than one method of financing.

3-17           Sec. 334.022.  STATE FISCAL IMPACT ANALYSIS.  (a)  Before

3-18     calling an election on the resolution under Section 334.024, the

3-19     municipality or county shall send a copy of the resolution to the

3-20     comptroller.

3-21           (b)  Before the 15th day after the date the comptroller

3-22     receives the copy of the resolution, the comptroller shall:

3-23                 (1)  perform an analysis to determine if approval and

3-24     implementation of the resolution will have a negative fiscal impact

3-25     on state revenue; and

3-26                 (2)  provide to the municipality or county written

3-27     notice of the results of the analysis.

 4-1           (c)  If the comptroller does not complete the analysis and

 4-2     provide the notice before the 15th day after the date the

 4-3     comptroller receives the copy of the resolution, the comptroller is

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

 4-5     the resolution will not have a negative fiscal impact on state

 4-6     revenue.

 4-7           Sec. 334.023.  APPEAL OF COMPTROLLER DETERMINATION.  (a)  If

 4-8     the comptroller determines under Section 334.022 that

 4-9     implementation of the resolution will have a negative fiscal impact

4-10     on state revenue, the municipality or county may:

4-11                 (1)  contest the finding by filing an appeal with the

4-12     comptroller not later than the 10th day after the date the

4-13     municipality or county receives the written notice under Section

4-14     334.022; or

4-15                 (2)  ask the comptroller to provide information on how

4-16     to change the resolution so that implementation will not have a

4-17     negative fiscal impact on state revenue.

4-18           (b)  Before the 11th day after the date the comptroller

4-19     receives the appeal or request for information under Subsection

4-20     (a),  the comptroller shall, as appropriate:

4-21                 (1)  perform a new analysis to determine if

4-22     implementation of the resolution will have a negative fiscal impact

4-23     on state revenue and  provide to the municipality or county written

4-24     notice of the results of the analysis; or

4-25                 (2)  provide to the municipality or county written

4-26     information on how to change the resolution so that implementation

4-27     will not have a negative fiscal impact on state revenue.

 5-1           (c)  If the comptroller determines that implementation will

 5-2     have a negative impact on state revenue, the written analysis

 5-3     required under Subsection (b)(1) must include  information on how

 5-4     to change the resolution so that implementation will not have a

 5-5     negative fiscal impact on state revenue.

 5-6           (d)  If the comptroller does not comply with Subsection (b)

 5-7     before the 11th day after the date the comptroller receives the

 5-8     appeal or request for information, the comptroller is considered to

 5-9     have determined that approval and implementation of the resolution

5-10     will not have a negative fiscal impact on state revenue.

5-11           Sec. 334.024.  ELECTION.  (a)  If the comptroller determines

5-12     under Section 334.022 or 334.023 that the implementation of the

5-13     resolution will not have a negative impact on state revenue, the

5-14     governing body of the municipality or county may order an election

5-15     on the question of approving and implementing the resolution.

5-16           (b)  The order calling the election must:

5-17                 (1)  allow the voters to vote separately on each sports

5-18     venue project;

5-19                 (2)  designate the sports venue project;

5-20                 (3)  designate each method of financing authorized by

5-21     this chapter that the municipality or county wants to use to

5-22     finance the project and the maximum rate of each method; and

5-23                 (4)  allow the voters to vote, in the same proposition

5-24     or in separate propositions, on each method of financing authorized

5-25     by this chapter that the municipality or county wants to use to

5-26     finance the project and the maximum rate of each method.

5-27           (c)  The ballot at the election held under this section must

 6-1     be printed to permit voting for or against the proposition:

 6-2     "Authorizing ________ (insert name of municipality or county) to

 6-3     _______ (insert description of sports venue project) and to impose

 6-4     a ________ tax at the rate of ________ (insert the type of tax and

 6-5     the maximum rate of the tax) for the purpose of financing the

 6-6     sports venue project."

 6-7           (d)  If more than one method of financing is to be voted on

 6-8     in one proposition, the ballot must be printed to permit voting for

 6-9     or against the proposition:  "Authorizing ________ (insert name of

6-10     municipality or county) to ________ (insert description of sports

6-11     venue project) and to impose a ________ tax at the rate of _______

6-12     (insert each type of tax and the maximum rate of each tax) for the

6-13     purpose of financing the sports venue project."

6-14           (e)  The Election Code governs an election held under this

6-15     chapter, except that the uniform election date provisions of

6-16     Section 41.001(a), Election Code, do not apply to an election

6-17     ordered under this section.

6-18              (Sections 334.025-334.040 reserved for expansion

6-19                      SUBCHAPTER C.  POWERS AND DUTIES

6-20           Sec. 334.041.  GENERAL POWERS.  (a)  A municipality or county

6-21     may  perform any act necessary to the full exercise of the

6-22     municipality's or county's powers under this chapter.

6-23           (b)  A municipality or county may acquire, sell, lease,

6-24     convey, or otherwise dispose of property or an interest in

6-25     property, including an approved sports venue project, under terms

6-26     and conditions determined by the municipality or county.

6-27           (c)  A municipality or county may contract with a public or

 7-1     private person, including a sports team, club, organization, or

 7-2     other entity to:

 7-3                 (1)  plan, acquire, establish, develop, construct, or

 7-4     renovate an approved sports venue project; or

 7-5                 (2)  perform any other act the municipality or county

 7-6     is authorized to perform under this chapter.

 7-7           (d)  If a municipality or county contracts with a sports team

 7-8     or club for the construction, renovation, or operation of an

 7-9     approved sports venue project, the municipality or county is not a

7-10     party to a subsequent contract between the team or club and another

7-11     person relating to the project.  The competitive bidding laws,

7-12     including Chapter 271, Local Government Code, do not apply to a

7-13     contract between a team or club and another person under this

7-14     subsection.

7-15           Sec. 334.042.  SPORTS VENUE PROJECT FUND.  (a)  A

7-16     municipality or county in which an approved sports venue project is

7-17     located shall establish by resolution a fund known as the sports

7-18     venue project fund.

7-19           (b)  The municipality or county shall deposit into the sports

7-20     venue project fund:

7-21                 (1)  the proceeds of any tax imposed by the

7-22     municipality or county under this chapter;

7-23                 (2)  all revenue from the sale of bonds or other

7-24     obligations by the municipality or county under this chapter; and

7-25                 (3)  any other money required by law to be deposited in

7-26     the fund.

7-27           (c)  The municipality or county may deposit into the sports

 8-1     venue project fund:

 8-2                 (1)  money derived from innovative funding concepts

 8-3     such as the sale or lease of luxury boxes or the sale of licenses

 8-4     for personal seats; and

 8-5                 (2)  any other revenue derived from the approved sports

 8-6     venue project, including stadium rental payments and revenue from

 8-7     concessions and parking.

 8-8           (d)  The municipality or county may use money in the sports

 8-9     venue project fund to:

8-10                 (1)  pay the costs of planning, acquiring, estabishing,

8-11     developing, constructing, or renovating one or more  approved

8-12     sports venue projects in the municipality or county;

8-13                 (2)  pay the principal of, interest on, and other costs

8-14     relating to bonds or other obligations issued by the municipality

8-15     or county or to refund bonds, notes, or other obligations; or

8-16                 (3)  pay the costs of operating or maintaining one or

8-17     more approved sports venue projects during the planning,

8-18     acquisition, establishment, development, construction, or

8-19     renovation or while bonds, notes, or other obligations for the

8-20     planning, acquisition, establishment, development, construction, or

8-21     renovation are outstanding.

8-22           (e)  Money deposited into the sports venue project fund,

8-23     including money deposited under Subsection (b)(3), is the property

8-24     of the municipality or county depositing the money.

8-25           Sec. 334.043.  BONDS AND OTHER OBLIGATIONS.  (a)  A

8-26     municipality or county in which an approved sports venue project is

8-27     located may issue bonds, including revenue bonds and refunding

 9-1     bonds,  or other obligations to pay the costs of the approved

 9-2     sports venue project.

 9-3           (b)  The bonds or other obligations and the proceedings

 9-4     authorizing the bonds or other obligations shall be submitted to

 9-5     the attorney general for review and approval as required by Article

 9-6     3, Chapter 53, Acts of the 70th Legislature, 2nd Called Session,

 9-7     1987 (Article 717k-8, Vernon's Texas Civil Statutes).

 9-8           (c)  The bonds or other obligations must be payable from and

 9-9     secured by the revenues in the sports venue project fund.

9-10           (d)  The bonds or other obligations may mature serially or

9-11     otherwise not more than 20 years from their date of issuance.

9-12           (e)  The bonds or other obligations are not a debt of and do

9-13     not create a claim for payment against the revenue or property of

9-14     the municipality or county other than an approved sports venue

9-15     project for which the bonds are issued.

9-16           Sec. 334.044.  PUBLIC PURPOSE OF PROJECT.  (a)  The

9-17     legislature finds for all constitutional and statutory purposes

9-18     that an approved sports venue project is owned, used, and held for

9-19     public purposes by the municipality or county.

9-20           (b)  Section 25.07(a), Tax Code, does not apply to a

9-21     leasehold or other possessory interest granted by the municipality

9-22     or county while the municipality or county owns the project.

9-23           (c)  The project is exempt from taxation under Section 11.11,

9-24     Tax Code, while the municipality or county owns the project.

9-25              (Sections 334.045-334.080 reserved for expansion

9-26                      SUBCHAPTER D.  SALES AND USE TAX

9-27           Sec. 334.081.  SALES AND USE TAX.  (a)  A municipality by

 10-1    ordinance or a county by order may impose a sales and use tax under

 10-2    this subchapter.

 10-3          (b)  A municipality by ordinance or a county by order may

 10-4    repeal or decrease the rate of a tax imposed under this subchapter.

 10-5          (c)  A municipality or county may impose a tax under this

 10-6    subchapter only if:

 10-7                (1)  an approved sports venue project is or is planned

 10-8    to be located in the municipality or county; and

 10-9                (2)  the tax is approved at an election held under

10-10    Section 334.024.

10-11          Sec. 334.082.  TAX CODE APPLICABLE.  (a)  Chapter 321, Tax

10-12    Code, governs the imposition, computation, administration,

10-13    collection, and remittance of a municipal tax authorized under this

10-14    subchapter except as inconsistent with this subchapter.

10-15          (b)  Chapter 323, Tax Code, governs the imposition,

10-16    computation, administration, collection, and remittance of a county

10-17    tax authorized under this subchapter except as inconsistent with

10-18    this subchapter.

10-19          (c)  Section 321.101(f), Tax Code, and Sections 323.101(b)

10-20    and (d), Tax Code, do not apply to the tax authorized by this

10-21    subchapter.

10-22          Sec. 334.083.  TAX RATE.  (a)  The rate of a tax adopted

10-23    under this subchapter must be one-eighth, one-fourth,

10-24    three-eighths, or one-half of one percent.

10-25          (b)  The ballot proposition at the election held to adopt the

10-26    tax must specify the rate of the tax to be adopted.

10-27          Sec. 334.084.  RATE INCREASE.  (a)  A municipality or county

 11-1    that has adopted a sales and use tax under this subchapter at a

 11-2    rate of less than one-half of one percent may by ordinance or order

 11-3    increase the rate of the tax if the increase is approved by a

 11-4    majority of the registered voters of that municipality or county

 11-5    voting at an election called and held for that purpose.

 11-6          (b)  The tax may be increased under Subsection (a) in one or

 11-7    more increments of one-eighth of one percent to a maximum of

 11-8    one-half of one percent.

 11-9          (c)  The ballot for an election to increase the tax shall be

11-10    printed to permit voting for or against the proposition:  "The

11-11    adoption of a sales and use tax for the purpose of financing

11-12    _______ (insert description of sports venue project) at the rate of

11-13    _______ of one percent (insert one-fourth, three-eighths, or

11-14    one-half, as appropriate)."

11-15          Sec. 334.085.  IMPOSITION OF TAX.  (a)  If the municipality

11-16    or county adopts the tax, a tax is imposed on the receipts from the

11-17    sale at retail of taxable items in the municipality or county at

11-18    the rate approved at the election.

11-19          (b)  There is also imposed an excise tax on the use, storage,

11-20    or other consumption in the municipality or county of tangible

11-21    personal property purchased, leased, or rented from a retailer

11-22    during the period that the tax is effective in the municipality or

11-23    county.  The rate of the excise tax is the same as the rate of the

11-24    sales tax portion of the tax and is applied to the sale price of

11-25    the tangible personal property.

11-26          Sec. 334.086.  EFFECTIVE DATE OF TAX.  The adoption of the

11-27    tax or the change of the tax rate takes effect on the first day of

 12-1    the first calendar quarter occurring after the expiration of the

 12-2    first complete quarter occurring after the date on which the

 12-3    comptroller receives a notice of the results of the election

 12-4    adopting or increasing the tax or of the ordinance or order

 12-5    decreasing the tax.

 12-6          Sec. 334.087.  DEPOSIT OF TAX REVENUES.  Revenue from the tax

 12-7    imposed under this subchapter shall be deposited in the sports

 12-8    venue project fund of the municipality or county imposing the tax.

 12-9          Sec. 334.088.  ABOLITION OF TAX.  (a)  A sales and use tax

12-10    imposed under this subchapter may not be collected after the last

12-11    day of  the first calendar quarter occurring after notification to

12-12    the comptroller by the municipality or county that the municipality

12-13    or county has abolished the tax or that all bonds or other

12-14    obligations of the municipality or county that are payable in whole

12-15    or in part from money in the sports venue project fund, including

12-16    any refunding bonds or other obligations, have been paid in full or

12-17    the full amount of money, exclusive of guaranteed interest,

12-18    necessary to pay in full the bonds and other obligations has been

12-19    set aside in a trust account dedicated to the payment of the bonds

12-20    and other obligations.

12-21          (b)  The municipality or county shall notify the comptroller

12-22    of the expiration of the tax not later than the 60th day before the

12-23    expiration date.

12-24             (Sections 334.089-334.100 reserved for expansion

12-25            SUBCHAPTER E.  SHORT-TERM MOTOR VEHICLE RENTAL TAX

12-26          Sec. 334.101.  DEFINITIONS.  (a)  In this subchapter:

12-27                (1)  "Motor vehicle" means a self-propelled vehicle

 13-1    designed principally to transport persons or property on a public

 13-2    roadway and includes a passenger car, van, station wagon, sports

 13-3    utility vehicle, and truck.  The term does not include a:

 13-4                      (A)  trailer, semitrailer, house trailer, truck

 13-5    having a manufacturer's rating of more than one-half ton, or

 13-6    road-building machine;

 13-7                      (B)  device moved only by human power;

 13-8                      (C)  device used exclusively on stationary rails

 13-9    or tracks;

13-10                      (D)  farm machine; or

13-11                      (E)  mobile office.

13-12                (2)  "Rental" means an agreement by the owner of a

13-13    motor vehicle to authorize for not longer than 30 days the

13-14    exclusive use of that vehicle to another for consideration.

13-15                (3)  "Place of business of the owner" means an

13-16    established outlet, office, or location operated by the owner of a

13-17    motor vehicle or the owner's agent or employee for the purpose of

13-18    renting motor vehicles and includes any location at which three or

13-19    more rentals are made during a year.

13-20          (b)  Except as provided by Subsection (a), words used in this

13-21    subchapter and defined by Chapter 152, Tax Code, have the meanings

13-22    assigned by Chapter 152, Tax Code.

13-23          Sec. 334.102.  TAX AUTHORIZED.  (a)  A municipality by

13-24    ordinance or a county by order may impose a tax on the rental in

13-25    the municipality or county of a motor vehicle.

13-26          (b)  A municipality by ordinance or a county by order may

13-27    repeal or decrease the rate of a tax imposed under Subsection (a).

 14-1          (c)  A municipality or county may impose a tax under this

 14-2    subchapter only if:

 14-3                (1)  an approved sports venue facility is or is planned

 14-4    to be located in the municipality or county; and

 14-5                (2)  the tax is approved at an election held under

 14-6    Section 334.024.

 14-7          Sec. 334.103.  SHORT-TERM RENTAL TAX.  (a)  The tax

 14-8    authorized by this subchapter is imposed at the tax rate on each

 14-9    day or part of a day of a person's rental in the municipality or

14-10    county of a motor vehicle.

14-11          (b)  The amount of the tax may be imposed at any uniform

14-12    monetary amount not to exceed $2.  The tax may not be imposed at a

14-13    percentage rate.

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

14-15    tax must specify the maximum rate of the tax to be adopted.

14-16          Sec. 334.104.  RATE INCREASE.  (a)  A municipality or county

14-17    that has adopted a tax under this subchapter at a rate of less than

14-18    $2 may by ordinance or order increase the rate of the tax to a

14-19    maximum of $2 if the increase is approved by a majority of the

14-20    registered voters of that municipality or county voting at an

14-21    election called and held for that purpose.

14-22          (b)  The ballot for an election to increase the rate of the

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

14-24    proposition:  "The increase of the motor vehicle rental tax for the

14-25    purpose of financing _____ (insert description of sports venue

14-26    project) to a maximum rate of _______ a day (insert new maximum

14-27    rate not to exceed $2)."

 15-1          Sec. 334.105.  COMPUTATION OF TAX.  (a)  The owner of a motor

 15-2    vehicle subject to the tax imposed under this subchapter shall

 15-3    collect the tax for the benefit of the municipality or county.

 15-4          (b)  The owner shall add the short-term motor vehicle rental

 15-5    tax imposed by the municipality or county under this subchapter, if

 15-6    applicable, and the gross rental receipts tax imposed by Chapter

 15-7    152, Tax Code, to the rental charge, and the sum of the taxes is a

 15-8    part of the rental charge, a debt owed to the motor vehicle owner

 15-9    by the person renting the vehicle, and recoverable at law in the

15-10    same manner as the rental charge.

15-11          Sec. 334.106.  CONSUMMATION OF RENTAL.  A rental of a motor

15-12    vehicle occurs in the municipality or county in which transfer of

15-13    possession of the motor vehicle occurs.

15-14          Sec. 334.107.  SHORT-TERM TAX INAPPLICABLE WHEN NO STATE TAX.

15-15    The tax authorized by this subchapter does not apply to the rental

15-16    of a motor vehicle unless the tax imposed by Chapter 152, Tax Code,

15-17    also applies to the rental.

15-18          Sec. 334.108.  EXEMPTIONS APPLICABLE.  (a)  The exemptions

15-19    provided by Subchapter E, Chapter 152, Tax Code, apply to the tax

15-20    authorized by this subchapter.

15-21          (b)  The tax authorized by this chapter does not apply to a

15-22    vehicle owned by an automobile service or repair shop and that is

15-23    used by a customer of the shop during a period when the customer's

15-24    vehicle is in the possession of the shop owner for repair or

15-25    service if no separate charge is made for the use of the loaned

15-26    vehicle.

15-27          Sec. 334.109.  NOTICE OF TAX.  Each bill or other receipt for

 16-1    a rental subject to the tax imposed under this subchapter must

 16-2    contain a statement in a conspicuous location stating:  "_______

 16-3    (insert name of taxing municipality or county) requires that an

 16-4    additional tax of $____ (insert rate of tax) a day be imposed on

 16-5    each motor vehicle rental for the purpose of financing a sports

 16-6    venue project."

 16-7          Sec. 334.110.  RECORDS.  (a)  The owner of a motor vehicle

 16-8    used for rental purposes shall keep for four years records and

 16-9    supporting documents containing information on the amount of the

16-10    tax imposed under this subchapter and paid to the municipality or

16-11    county on each motor vehicle used for rental purposes by the owner.

16-12          (b)  Mileage records are not required.

16-13          Sec. 334.111.  FAILURE TO KEEP RECORDS.  (a)  An owner of a

16-14    motor vehicle commits an offense if the owner fails to make and

16-15    retain complete records for the four-year period required by

16-16    Section 334.110.

16-17          (b)  An offense under this section is a misdemeanor

16-18    punishable by a fine of not less than $25 or more than $500.

16-19          Sec. 334.112.  EFFECTIVE DATE AND ENDING DATE OF TAX.  (a)  A

16-20    tax imposed under this subchapter or a change in the tax rate takes

16-21    effect on the date prescribed by the ordinance or order imposing

16-22    the tax or changing the rate.

16-23          (b)  A municipality or county may impose a tax under this

16-24    subchapter only if the municipality or county issues bonds or other

16-25    obligations under Section 334.043.  The municipality or county may

16-26    impose the tax only while those bonds or other obligations are

16-27    outstanding and unpaid.

 17-1          Sec. 334.113.  TAX COLLECTION; PENALTY.  (a)  The owner of a

 17-2    motor vehicle required to collect the tax imposed under this

 17-3    subchapter shall report and send the taxes collected to the

 17-4    municipality or county as provided by the ordinance or order

 17-5    imposing the tax.

 17-6          (b)  A municipality by ordinance or a county by order may

 17-7    prescribe penalties, including interest charges, for failure to

 17-8    keep records required by the municipality or county, to report when

 17-9    required, or to pay the tax when due.

17-10          (c)  The attorney acting for the municipality or county may

17-11    bring suit against a person who fails to collect a tax under this

17-12    subchapter and to pay it over to the municipality or county as

17-13    required.

17-14          Sec. 334.114.  COLLECTION PROCEDURES ON PURCHASE OF MOTOR

17-15    VEHICLE RENTAL BUSINESS.  (a)  If the owner of a motor vehicle

17-16    rental business that makes rentals subject to the tax imposed by

17-17    this subchapter sells the business, the successor to the seller or

17-18    the seller's assignee shall withhold an amount of the purchase

17-19    price sufficient to pay the amount of tax due until the seller

17-20    provides a receipt by a person designated by the municipality or

17-21    county to provide the receipt showing that the amount has been paid

17-22    or a certificate showing that no tax is due.

17-23          (b)  The purchaser of a motor vehicle rental business who

17-24    fails to withhold an amount of the purchase price as required by

17-25    this section is liable for the amount required to be withheld to

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

17-27          (c)  The purchaser of a motor vehicle rental business may

 18-1    request that the person designated by the municipality or county to

 18-2    provide a receipt under Subsection (a) issue a certificate stating

 18-3    that no tax is due or issue a statement of the amount required to

 18-4    be paid before a certificate may be issued.  The person designated

 18-5    by the municipality or county shall issue the certificate or

 18-6    statement not later than the 60th day after the date the person

 18-7    receives the request.

 18-8          (d)  If the person designated by the municipality or county

 18-9    to provide a receipt under Subsection (a) fails to issue the

18-10    certificate or statement within the period provided by Subsection

18-11    (c), the purchaser is released from the obligation to withhold the

18-12    purchase price or pay the amount due.

18-13          Sec. 334.115.  REIMBURSEMENT FOR TAX COLLECTION EXPENSES.

18-14    (a)  A municipality by ordinance or a county by order may permit a

18-15    person who is required to collect a tax under this subchapter to

18-16    retain a percentage of the amount collected and required to be

18-17    reported as reimbursement to the person for the costs of collecting

18-18    the tax.

18-19          (b)  A municipality or county may provide that the person may

18-20    retain the amount authorized by Subsection (a) only if the person

18-21    pays the tax and files reports as required by the municipality or

18-22    county.

18-23          Sec. 334.116.  DEPOSIT OF TAX REVENUE.  Revenue from the tax

18-24    imposed under this subchapter shall be deposited in the sports

18-25    venue project fund of the municipality or county imposing the tax.

18-26             (Sections 334.117-334.150 reserved for expansion

 19-1                       SUBCHAPTER F.  ADMISSIONS TAX

 19-2          Sec. 334.151.  TAX AUTHORIZED.  (a)  A municipality by

 19-3    ordinance or a county by order may impose a tax on each person

 19-4    admitted to an event at an approved sports venue project in the

 19-5    municipality or county for which the municipality or county has

 19-6    issued bonds to plan, acquire, establish, develop, construct, or

 19-7    renovate the approved sports venue project.

 19-8          (b)  The municipality or county may not impose the tax under

 19-9    this subchapter for admission to an event at a sports venue that is

19-10    not an approved sports venue project or for which the municipality

19-11    or county has not issued bonds to plan, acquire, establish,

19-12    develop, construct, or renovate the approved sports venue project.

19-13          (c)  A municipality or county may impose a tax under this

19-14    subchapter only if:

19-15                (1)  an approved sports venue facility is or will be

19-16    located in the municipality or county; and

19-17                (2)  the tax is approved at an election held under

19-18    Section 334.024.

19-19          Sec. 334.152.  TAX RATE.  (a)  The tax authorized by this

19-20    subchapter is imposed at the tax rate on each person admitted.

19-21          (b)  The amount of the tax may be imposed at any uniform

19-22    monetary amount not to exceed $2.  The tax may not be imposed at a

19-23    percentage rate.

19-24          (c)  The ballot proposition at the election held to adopt the

19-25    tax must specify the maximum rate of the tax to be adopted.

19-26          (d)  The municipality by ordinance or the county by order may

19-27    repeal or decrease the rate of the tax imposed under this

 20-1    subchapter.

 20-2          Sec. 334.153.  RATE INCREASE.  (a)  A municipality or county

 20-3    that has adopted a tax under this subchapter  at the rate of less

 20-4    than $2 a  person may by ordinance or order increase the rate of

 20-5    the tax to a maximum of $2 a person if the increase is approved by

 20-6    a majority of the registered voters of that municipality or county

 20-7    voting at an election called and held for that purpose.

 20-8          (b)  The ballot for an election to increase the rate of the

 20-9    tax shall be printed to permit voting for or against the

20-10    proposition:  "The increase of the admissions tax for the purpose

20-11    of financing _______ (insert description of sports venue project)

20-12    to a maximum rate of ________ a day (insert new maximum rate not to

20-13    exceed $2)."

20-14          Sec. 334.154.  COLLECTION.  (a)  The municipality by

20-15    ordinance or the county by order may require the owner of an

20-16    approved sports venue project in the municipality or county to

20-17    collect the tax for the benefit of the municipality or county.

20-18          (b)  An owner required to collect the tax under this section

20-19    shall add the tax to the admissions price, and the tax is a part of

20-20    the admissions price, a debt owed to the owner of the approved

20-21    sports venue project by the person admitted, and recoverable at law

20-22    in the same manner as the admissions charge.

20-23          (c)  The tax imposed by this subchapter is not an occupation

20-24    tax imposed on the owner of the approved sports venue project.

20-25          Sec. 334.155.  EFFECTIVE DATE AND ENDING DATE OF TAX.  (a)  A

20-26    tax imposed under this subchapter or a change in a tax rate takes

20-27    effect on the date prescribed by the ordinance or order imposing

 21-1    the tax or changing the rate.

 21-2          (b)  A municipality or county may impose a tax under this

 21-3    subchapter only if the municipality or county issues bonds or other

 21-4    obligations under Section 334.043.  The municipality or county may

 21-5    impose the tax only while those bonds or other obligations are

 21-6    outstanding and unpaid.

 21-7          Sec. 334.156.  COLLECTION OF TAX.  (a)  A person required to

 21-8    collect a tax imposed under this subchapter shall report and send

 21-9    the taxes to the municipality or county as provided by the

21-10    municipality or county imposing the tax.

21-11          (b)  A municipality by ordinance or a county by order may

21-12    prescribe penalties, including interest charges, for failure to

21-13    keep records required by the municipality or county, to report when

21-14    required, or to pay the tax when due.  The attorney acting for the

21-15    municipality or county may bring suit against a person who fails to

21-16    collect a tax under this subchapter and to pay it over to the

21-17    municipality or county as required.

21-18          (c)  A municipality by ordinance or a county by order may

21-19    permit a person who is required to collect a tax under this

21-20    subchapter to retain a percentage of the amount collected and

21-21    required to be reported as reimbursement to the person for the

21-22    costs of collecting the tax.  The municipality or county may

21-23    provide that the person may retain the amount only if the person

21-24    pays the tax and files reports as required by the municipality or

21-25    county.

21-26          Sec. 334.157.  DEPOSIT OF TAX REVENUE.  Revenue from the tax

21-27    imposed under this subchapter shall be deposited in the sports

 22-1    venue project fund of the municipality or county imposing the tax.

 22-2             (Sections 334.158-334.200 reserved for expansion

 22-3                        SUBCHAPTER G.  PARKING TAX

 22-4          Sec. 334.201.  EVENT PARKING TAX.  (a)  A municipality by

 22-5    ordinance or a county by order may impose a tax on each motor

 22-6    vehicle parking in a parking facility of an approved sports venue

 22-7    project.

 22-8          (b)  The municipality or county may impose the tax during a

 22-9    period beginning not more than three hours before and ending not

22-10    more than three hours after the time an event in an approved sports

22-11    venue project is scheduled to begin.  The municipality or county

22-12    may not impose the tax under this subchapter during any other time.

22-13          (c)  A municipality or county may impose a tax under this

22-14    subchapter only if the tax is approved at an election held under

22-15    Section 334.024.

22-16          Sec. 334.202.  TAX RATE.  (a)  The municipality by ordinance

22-17    or the county by order may provide that the tax is imposed at a

22-18    flat amount on each parked motor vehicle or is imposed as a

22-19    percentage of the amount charged for event parking by the owner of

22-20    the parking facility.

22-21          (b)  Regardless of the method of imposition, the amount of

22-22    the tax may not exceed $1 for each motor vehicle.

22-23          (c)  The ballot proposition at the election held to adopt the

22-24    tax must specify the maximum rate of the tax to be adopted.

22-25          (d)  The municipality by ordinance or the county by order may

22-26    repeal or decrease the rate of the tax imposed under this section.

22-27          Sec. 334.203.  RATE INCREASE.  (a)  A municipality or county

 23-1    that has adopted a tax under this subchapter at a rate of less than

 23-2    $1 a vehicle may by ordinance or order increase the rate of the tax

 23-3    to a maximum of $1 a vehicle if the increase is approved by a

 23-4    majority of the registered voters of that municipality or county

 23-5    voting at an election called and held for that purpose.

 23-6          (b)  The ballot for an election to increase the rate of the

 23-7    tax shall be printed to permit voting for or against the

 23-8    proposition:  "The increase of the parking tax for the purpose of

 23-9    financing _______ (insert description of sports venue project) to a

23-10    maximum rate of _______ (insert new maximum rate not to exceed

23-11    $1)."

23-12          Sec. 334.204.  COLLECTION.  (a)  The municipality by

23-13    ordinance or the county by order may require the owner of a parking

23-14    facility to collect the tax for the benefit of the municipality or

23-15    county.

23-16          (b)  An owner required to collect the tax under this section

23-17    shall add the tax to the parking charge, and the tax is a part of

23-18    the parking charge, a debt owed to the parking facility owner by

23-19    the person parking, and recoverable at law in the same manner as

23-20    the parking charge.

23-21          (c)  The tax imposed by this subchapter is not an occupation

23-22    tax imposed on the owner of the parking facility.

23-23          Sec. 334.205.  EFFECTIVE DATE AND ENDING DATE OF TAX.  (a)  A

23-24    tax imposed under this subchapter or a change in the tax rate takes

23-25    effect on the date prescribed by the ordinance or order imposing

23-26    the tax or changing the rate.

23-27          (b)  A municipality or county may impose a tax under this

 24-1    subchapter only if the municipality or county issues bonds or other

 24-2    obligations under Section 334.043.  The municipality or county may

 24-3    impose the tax only while those bonds or other obligations are

 24-4    outstanding and unpaid.

 24-5          Sec. 334.206.  COLLECTION OF TAX.  (a)  A person required to

 24-6    collect a tax imposed under this subchapter shall report and send

 24-7    the taxes to the municipality or county as provided by the

 24-8    municipality or county imposing the tax.

 24-9          (b)  A municipality by ordinance or a county by order may

24-10    prescribe penalties, including interest charges, for failure to

24-11    keep records required by the municipality or county, to report when

24-12    required, or to pay the tax when due.  The attorney acting for the

24-13    municipality or county may bring suit against a person who fails to

24-14    collect a tax under this subchapter and to pay it over to the

24-15    municipality or county as required.

24-16          (c)  A municipality by ordinance or a county by order may

24-17    permit a person who is required to collect a tax under this

24-18    subchapter to retain a percentage of the amount collected and

24-19    required to be reported as reimbursement to the person for the

24-20    costs of collecting the tax.  The municipality or county may

24-21    provide that the person may retain the amount only if the person

24-22    pays the tax and files reports as required by the municipality or

24-23    county.

24-24          Sec. 334.207.  DEPOSIT OF TAX REVENUE.  Revenue from the tax

24-25    imposed under this subchapter shall be deposited in the sports

24-26    venue project fund of the municipality or county imposing the tax.

24-27             (Sections 334.208-334.250 reserved for expansion

 25-1                   SUBCHAPTER H.  HOTEL OCCUPANCY TAXES

 25-2          Sec. 334.251.  DEFINITION.  In this subchapter, "hotel" has

 25-3    the meaning assigned by Section 156.001, Tax Code.

 25-4          Sec. 334.252.  IMPOSITION OF TAX.  (a)  A municipality by

 25-5    ordinance or a county by order may impose a tax on a person who,

 25-6    under a lease, concession, permit, right of access, license,

 25-7    contract, or agreement, pays for the use or possession or for the

 25-8    right to the use or possession of a room that is in a hotel, costs

 25-9    $2 or more each day, and is ordinarily used for sleeping.

25-10          (b)  A municipality or county may impose a tax under this

25-11    subchapter only if:

25-12                (1)  an approved sports venue project is or is planned

25-13    to be located in the municipality or county; and

25-14                (2)  the tax is approved at an election held under

25-15    Section 334.024.

25-16          Sec. 334.253.  TAX CODE APPLICABLE.  (a)  Sections

25-17    351.002(c), 351.004, 351.0041, 351.005, and 351.006, Tax Code,

25-18    govern the imposition, computation, administration, collection, and

25-19    remittance of a municipal tax authorized under this subchapter

25-20    except as inconsistent with this subchapter.

25-21          (b)  Sections 352.002(c), 352.004, 352.0041, 352.005, and

25-22    352.007, Tax Code, govern the imposition, computation,

25-23    administration, collection, and remittance of a county tax

25-24    authorized under this subchapter except as inconsistent with this

25-25    subchapter.

25-26          Sec. 334.254.  TAX RATE.  (a)  The tax authorized by this

25-27    subchapter is imposed at the tax rate on each day or part of a day

 26-1    for which a person pays for a room in a hotel.

 26-2          (b)  The amount of the tax may be imposed at any uniform

 26-3    monetary amount not to exceed $5.  The tax may not be imposed at a

 26-4    percentage rate.

 26-5          (c)  The ballot proposition at the election held to adopt the

 26-6    tax must specify the maximum rate of the tax to be adopted.

 26-7          Sec. 334.255. RATE INCREASE.  (a)  A municipality or county

 26-8    that has adopted a tax under this subchapter  at a rate of less

 26-9    than $5 a day may by ordinance or order increase the rate of the

26-10    tax to a maximum of $5 a day if the increase is approved by a

26-11    majority of the registered voters of that municipality or county

26-12    voting at an election called and held for that purpose.

26-13          (b)  The ballot for an election to increase the rate of the

26-14    tax shall be printed to permit voting for or against the

26-15    proposition:  "The increase of the hotel occupancy tax for the

26-16    purpose of financing __________  (insert description of sports

26-17    venue project) to a maximum rate of ___________ a day (insert new

26-18    maximum rate not to exceed $5)."

26-19          Sec. 334.256.  NOTICE OF TAX.  Each bill or other receipt for

26-20    a hotel charge subject to the tax imposed under this subchapter

26-21    must contain a statement in a conspicuous location stating:

26-22    "_____________ (insert name of taxing municipality or county)

26-23    requires that an additional tax of $_____ (insert rate of tax) a

26-24    day be imposed on each hotel charge for the purpose of financing a

26-25    sports venue."

26-26          Sec. 334.257.  EFFECTIVE DATE AND ENDING DATE OF TAX.  (a)  A

26-27    tax imposed under this subchapter or a change in the tax rate takes

 27-1    effect on the date prescribed by the ordinance or order imposing

 27-2    the tax or changing the rate.

 27-3          (b)  A municipality or county may impose a tax under this

 27-4    subchapter only if the municipality or county issues bonds or other

 27-5    obligations under Section 334.043.  The municipality or county may

 27-6    impose the tax only while those bonds or other obligations are

 27-7    outstanding and unpaid.

 27-8          Sec. 334.258.  DEPOSIT OF TAX REVENUE.  Revenue from the tax

 27-9    imposed under this subchapter shall be deposited in the sports

27-10    venue project fund of the municipality or county imposing the tax.

27-11                   CHAPTER 335.  SPORTS VENUE DISTRICTS

27-12                     SUBCHAPTER A.  GENERAL PROVISIONS

27-13          Sec. 335.001.  DEFINITIONS.  In this chapter:

27-14                (1)  "Approved sports venue project" has the meaning

27-15    assigned by Section 334.001, except that the approval of the

27-16    project must occur under this chapter.

27-17                (2)  "Board" means the board of directors of a sports

27-18    venue district.

27-19                (3)  "District" means a sports venue district created

27-20    under this chapter.

27-21                (4)  "Related infrastructure" has the meaning assigned

27-22    by Section 334.001.

27-23                (5)  "Sports venue" has the meaning assigned by Section

27-24    334.001.

27-25                (6)  "Sports venue project" has the meaning assigned by

27-26    Section 334.001, except that the actions described by that section

27-27    must occur under this chapter.

 28-1          Sec. 335.002.  APPLICATION TO SPORTS VENUE CONSTRUCTED UNDER

 28-2    OTHER LAW.  A district may use this chapter for a sports venue

 28-3    project relating to a sports venue and related infrastructure

 28-4    planned, acquired, established, developed, constructed, or

 28-5    renovated under other law, including Section 4B, Development

 28-6    Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil

 28-7    Statutes), or Subchapter E, Chapter 451, Transportation Code, only

 28-8    if:

 28-9                (1)  all bonds or other obligations issued under the

28-10    other law in relation to the project have been paid in full; or

28-11                (2)  the full amount of money, exclusive of guaranteed

28-12    interest, necessary to pay in full the bonds or other obligations

28-13    has been set aside in a trust account dedicated to the payment of

28-14    the bonds and other obligations.

28-15          Sec. 335.003.  OTHER USES OF SPORTS VENUE PERMITTED.  This

28-16    chapter does not prohibit the use of a sports venue for an event

28-17    that is not related to sports or athletics, such as a

28-18    community-related event.

28-19             (Sections 335.004-335.020 reserved for expansion

28-20                   SUBCHAPTER B.  SPORTS VENUE DISTRICT

28-21          Sec. 335.021.  CREATION.  Two or more counties, two or more

28-22    municipalities, or a municipality and a county may create a sports

28-23    venue district under this chapter to plan, acquire, establish,

28-24    develop, construct, or renovate one or more sports venue projects

28-25    in the district subject to voter approval under Subchapter D.

28-26          Sec. 335.022.  ORDER CREATING DISTRICT.  Two or more

28-27    counties, two or more municipalities, or a municipality and a

 29-1    county may create a district under this chapter by  adopting

 29-2    concurrent orders.  A concurrent order must:

 29-3                (1)  contain identical provisions;

 29-4                (2)  define the boundaries of the district to be

 29-5    coextensive with each creating political subdivision; and

 29-6                (3)  designate the number of directors and the manner

 29-7    of appointment in accordance with Section 335.031.

 29-8          Sec. 335.023.  POLITICAL SUBDIVISION; OPEN MEETINGS.  (a)  A

 29-9    district is a political subdivision of the creating political

29-10    subdivisions and of this state.

29-11          (b)  A district is subject to Chapter 551, Government Code.

29-12             (Sections 335.024-335.030 reserved for expansion)

29-13                     SUBCHAPTER C.  BOARD OF DIRECTORS

29-14          Sec. 335.031.  COMPOSITION AND APPOINTMENT OF BOARD.  (a)  A

29-15    district is governed by a board of  at least four directors.

29-16          (b)  The board is appointed by the governing body of the

29-17    political subdivisions that create the district.  Each political

29-18    subdivision is entitled to an equal number of directors.

29-19          (c)  Directors serve staggered two-year terms.  A director

29-20    may be removed by the appointing political subdivision at any time

29-21    without cause.  Successor directors are appointed in the same

29-22    manner as the original appointees.

29-23          (d)  To qualify to serve as a director, a person must be a

29-24    resident of the appointing political subdivision.  An employee,

29-25    officer, or member of the governing body of the appointing

29-26    political subdivision may serve as a director, but may not have a

29-27    personal interest in a contract executed by the district other than

 30-1    as an employee, officer, or member of the governing body of the

 30-2    political subdivision.

 30-3          Sec. 335.032.  COMPENSATION.  A board member is not entitled

 30-4    to compensation,  but is entitled to reimbursement for actual and

 30-5    necessary expenses.

 30-6          Sec. 335.033.  MEETINGS.  The board shall conduct its

 30-7    meetings in the district.

 30-8          Sec. 335.034.  OFFICERS.  The board shall designate from the

 30-9    members of the board a presiding officer, a secretary, and other

30-10    officers the  board considers  necessary.

30-11             (Sections 335.035-335.050 reserved for expansion

30-12                   SUBCHAPTER D.  SPORTS VENUE PROJECTS

30-13          Sec. 335.051.  RESOLUTION AUTHORIZING PROJECT.  (a)  A

30-14    district by resolution may provide for the planning, acquisition,

30-15    establishment, development, construction, or renovation of a sports

30-16    venue project if:

30-17                (1)  the comptroller determines under Section 335.052

30-18    or 335.053 that the implementation of the resolution will not have

30-19    a negative fiscal impact on state revenue; and

30-20                (2)  the resolution is approved by a majority of the

30-21    qualified voters of each political subdivision that created the

30-22    district voting at separate elections called and held for that

30-23    purpose under Section 335.054.

30-24          (b)  The resolution must designate the sports venue project

30-25    and each method of financing authorized by this chapter that the

30-26    district wants to use to finance the project.  A resolution may

30-27    designate more than one method of financing.

 31-1          Sec. 335.052.  STATE FISCAL IMPACT ANALYSIS.  (a) Before

 31-2    calling an election on the resolution under Section 335.054, the

 31-3    district shall send a copy of the resolution to the comptroller.

 31-4          (b)  Before the 15th day after the date the comptroller

 31-5    receives the copy of the resolution, the comptroller shall:

 31-6                (1)  perform an analysis to determine if approval and

 31-7    implementation of the resolution will have a negative fiscal

 31-8    impact on state revenue; and

 31-9                (2)  provide to the district written notice of the

31-10    results of the analysis.

31-11          (c)  If the comptroller does not complete the analysis and

31-12    provide the notice before the 15th day after the date the

31-13    comptroller receives the copy of the resolution, the comptroller is

31-14    considered to have determined that approval and implementation of

31-15    the resolution will not have a negative fiscal impact on state

31-16    revenue.

31-17          Sec. 335.053.  APPEAL OF COMPTROLLER DETERMINATION.  (a)  If

31-18    the comptroller determines under Section 335.052 that

31-19    implementation of the resolution will have a negative fiscal impact

31-20    on state revenue, the district may:

31-21                (1)  contest the finding by filing an appeal with the

31-22    comptroller not later than the 10th day after the date the district

31-23    receives the written notice under Section 335.052; or

31-24                (2)  ask the comptroller to provide information on how

31-25    to change the resolution so that implementation will not have a

31-26    negative fiscal impact on state revenue.

31-27          (b)  Before the 11th day after the date the comptroller

 32-1    receives the appeal or request for information under Subsection

 32-2    (a),  the comptroller shall, as appropriate:

 32-3                (1)  perform a new analysis to determine if

 32-4    implementation of the resolution will have a negative fiscal impact

 32-5    on state revenue and provide to the district written notice of the

 32-6    results of the analysis; or

 32-7                (2)  provide to the district written information on how

 32-8    to change the resolution so that implementation will not have a

 32-9    negative fiscal impact on state revenue.

32-10          (c)  If the comptroller determines that implementation will

32-11    have a negative impact on state revenue, the written analysis

32-12    required under Subsection (b)(1) must include information on how to

32-13    change the resolution so that implementation will not have a

32-14    negative fiscal impact on state revenue.

32-15          (d)  If the comptroller does not comply with Subsection (b)

32-16    before the 11th day after the date the comptroller receives the

32-17    appeal or request for information, the comptroller is considered to

32-18    have determined that approval and implementation of the resolution

32-19    will not have a negative fiscal impact on state revenue.

32-20          Sec. 335.054.  ELECTION.  (a)  If the comptroller determines

32-21    under Section 335.052 or 335.053 that implementation of the

32-22    resolution will not have a negative impact on state revenue, the

32-23    board may order a separate election in each political subdivision

32-24    that created the district on the question of approving and

32-25    implementing the resolution.  The elections shall be held on the

32-26    same day.

32-27          (b)  The order calling the elections must:

 33-1                (1)  allow the voters to vote separately on each sports

 33-2    venue project;

 33-3                (2)  designate the sports venue project;

 33-4                (3)  designate each method of financing authorized by

 33-5    this chapter that the district wants to use to finance the project

 33-6    and the maximum rate of each method; and

 33-7                (4)  allow the voters to vote, in the same proposition

 33-8    or in separate propositions, on each method of financing authorized

 33-9    by this chapter that the district wants to use to finance the

33-10    project and the maximum rate of each method.

33-11          (c)  The ballot at the elections held under this section must

33-12    be printed to permit voting for or against the proposition:

33-13    "Authorizing _________  (insert name of district) to __________

33-14    (insert description of sports venue project) and to impose a

33-15    __________ tax (insert type of tax) at the rate of ________ (insert

33-16    maximum rate) for the purpose of financing the sports venue

33-17    project."

33-18          (d)  If more than one method of financing is to be voted on

33-19    in one proposition, the ballot must be printed to permit voting for

33-20    or against the proposition:  "Authorizing _________ (insert name of

33-21    district) to __________ (insert description of sports venue

33-22    project) and to impose a __________ tax at the rate of ________

33-23    (insert each type of tax and the maximum rate of each tax) for the

33-24    purpose of financing the sports venue project."

33-25          (e)  If a majority of the votes cast at the election in each

33-26    creating political subdivision approves the proposition authorizing

33-27    the project, the district may implement the resolution.  If a

 34-1    majority of the votes cast in one or more of the creating political

 34-2    subdivisions disapproves the proposition authorizing the project,

 34-3    the district may not implement the resolution.  If the project is

 34-4    approved, but one or more financing methods contained in separate

 34-5    propositions are disapproved, the district may use only the

 34-6    approved financing methods.

 34-7          (f)  The Election Code governs an election held under this

 34-8    chapter, except that the uniform election date provisions of

 34-9    Section 41.001(a), Election Code, do not apply to an election

34-10    ordered under this section.

34-11             (Sections 335.055-335.070 reserved for expansion

34-12                     SUBCHAPTER E.  POWERS AND DUTIES

34-13          Sec. 335.071.  GENERAL POWERS OF DISTRICT.  (a)  A district

34-14    may:

34-15                (1)  perform any act necessary to the full exercise of

34-16    the district's powers;

34-17                (2)  accept a grant or loan from a:

34-18                      (A)  department or agency of the United States;

34-19                      (B)  department, agency, or political subdivision

34-20    of this state; or

34-21                      (C)  public or private person;

34-22                (3)  acquire, sell, lease, convey, or otherwise dispose

34-23    of property or an interest in property, including an approved

34-24    sports venue project, under terms and conditions determined by the

34-25    district;

34-26                (4)  employ necessary personnel; and

34-27                (5)  adopt rules to govern the operation of the

 35-1    district and its employees and property.

 35-2          (b)  A district may contract with a public or private person,

 35-3    including a sports team, club, organization, or other entity, to:

 35-4                (1)  plan, acquire, establish, develop, construct, or

 35-5    renovate an approved sports venue project; or

 35-6                (2)  perform any other act the district is authorized

 35-7    to perform under this chapter.

 35-8          (c)  If a municipality or county contracts with a sports team

 35-9    or club for the construction, renovation, or operation of an

35-10    approved sports venue project, the municipality or county is not a

35-11    party to a subsequent contract between the team or club and another

35-12    person relating to the project.  The competitive bidding laws,

35-13    including Chapter 271, Local Government Code, do not apply to a

35-14    contract between a team or club and another person under this

35-15    subsection.

35-16          (d)  A district may impose any tax a county may impose under

35-17    Chapter 334, subject to approval of the voters of the district as

35-18    prescribed by this chapter and Chapter 334.  The district shall

35-19    impose the tax in the same manner as a county.

35-20          (e)  A district may not levy an ad valorem tax.

35-21          Sec. 335.072.  SPORTS VENUE PROJECT FUND.  (a)  A district in

35-22    which an approved sports venue project is located shall establish

35-23    by resolution a fund known as the sports venue project fund.

35-24          (b)  The district shall deposit into the sports venue project

35-25    fund:

35-26                (1)  the proceeds from any tax imposed by the district;

35-27                (2)  all revenue from the sale of bonds or other

 36-1    obligations by the district; and

 36-2                (3)  any other money required by law to be deposited in

 36-3    the fund.

 36-4          (c)  The district may deposit into the sports venue project

 36-5    fund:

 36-6                (1)  money derived from innovative funding concepts

 36-7    such as the sale or lease of luxury boxes or the sale of licenses

 36-8    for personal seats; and

 36-9                (2)  any other revenue derived from the approved sports

36-10    venue project, including stadium rental payments and revenue from

36-11    concessions and parking.

36-12          (d)  The district may use money in the sports venue project

36-13    fund only to:

36-14                (1)  pay the costs of planning, acquiring,

36-15    establishing, developing, constructing, or renovating one or more

36-16    approved sports venue projects in the district;

36-17                (2)  pay the principal of, interest on, and other costs

36-18    relating to bonds or other obligations  issued by the district or

36-19    to refund bonds or other obligations; or

36-20                (3)  pay the costs of operating or maintaining one or

36-21    more approved sports venue projects during the planning,

36-22    acquisition, establishment, development, construction, or

36-23    renovation or while bonds or other obligations for the planning,

36-24    acquisition, establishment, development, construction, or

36-25    renovation are outstanding.

36-26          (e)  Money deposited into the sports venue project fund,

36-27    including money deposited under Subsection (b)(3), is the property

 37-1    of the district depositing the money.

 37-2          Sec. 335.073.  BONDS AND OTHER OBLIGATIONS.  (a)  A district

 37-3    in which an approved sports venue project is located  may issue

 37-4    bonds, including revenue bonds and refunding bonds, or other

 37-5    obligations to pay the costs of the approved sports venue project.

 37-6          (b)  The bonds or other obligations and the proceedings

 37-7    authorizing the bonds or other obligations shall be submitted to

 37-8    the attorney general for review and approval as required by Article

 37-9    3, Chapter 53, Acts of the 70th Legislature, 2nd Called Session,

37-10    1987 (Article 717k-8, Vernon's Texas Civil Statutes).

37-11          (c)  The bonds or other obligations must be payable from and

37-12    secured by the revenues in the sports venue project fund.

37-13          (d)  The bonds or other obligations may mature serially or

37-14    otherwise not more than 20 years from their date of issuance.

37-15          (e)  The bonds or other obligations are not a debt of and do

37-16    not create a claim for payment against the revenue or property of

37-17    the  district other than an approved sports venue  project for

37-18    which the bonds are issued.

37-19          Sec. 335.074.  PUBLIC PURPOSE OF PROJECT.  (a)  The

37-20    legislature finds for all constitutional and statutory purposes

37-21    that an approved sports venue project is owned, used, and held for

37-22    public purposes by the district.

37-23          (b)  Section 25.07(a), Tax Code, does not apply to a

37-24    leasehold or other possessory interest granted by the district

37-25    while the district owns the project.

37-26          (c)  The project is exempt from taxation under Section 11.11,

37-27    Tax Code, while the district owns the project.

 38-1          SECTION 2.  Section 4A, Development Corporation Act of 1979

 38-2    (Article 5190.6, Vernon's Texas Civil Statutes), is amended by

 38-3    adding Subsection (i-1) to read as follows:

 38-4          (i-1)  The corporation may not undertake a project to

 38-5    acquire, construct, remodel, renovate, operate, or maintain a

 38-6    sports venue or related  infrastructure.  In this subsection,

 38-7    "sports venue" and "related infrastructure" have the meanings

 38-8    assigned by Section 334.001, Local Government Code.

 38-9          SECTION 3.  Section 4B, Development Corporation Act of 1979

38-10    (Article 5190.6, Vernon's Texas Civil Statutes), is amended by

38-11    amending Subsection (a)(2) and by adding Subsections (a-3) and

38-12    (a-4) to read as follows:

38-13                (2)  "Project" means land, buildings, equipment,

38-14    facilities, and improvements included in the definition of that

38-15    term under Section 2 of this Act, including recycling facilities,

38-16    and land, buildings, equipment, facilities, and improvements found

38-17    by the board of directors to:

38-18                      (A)  be required or suitable for use for

38-19    [professional and amateur (including children's) sports, athletic,]

38-20    entertainment,  tourist, convention, amateur (including children's)

38-21    sports or athletics, but only if the project would not qualify as a

38-22    sports venue, and public park purposes and events, including

38-23    [stadiums, ball parks,] auditoriums, amphitheaters, concert halls,

38-24    learning centers, parks and park facilities, open space

38-25    improvements, municipal buildings, museums, exhibition facilities,

38-26    and related store, restaurant, concession, and automobile parking

38-27    facilities, related area transportation facilities, and related

 39-1    roads, streets, and water and sewer facilities, and other related

 39-2    improvements that enhance any of those items; or

 39-3                      (B)  promote or develop new or expanded business

 39-4    enterprises, including a project to provide public safety

 39-5    facilities, streets and roads, drainage and related improvements,

 39-6    demolition of existing structures,  general municipally owned

 39-7    improvements, as well as any improvements or facilities that are

 39-8    related to any of those projects and any other project that the

 39-9    board in its discretion determines promotes or develops new or

39-10    expanded business enterprises.

39-11          (a-3)  The corporation may not undertake a project to

39-12    acquire, construct, remodel, renovate, operate, or maintain a

39-13    sports venue or related  infrastructure.

39-14          (a-4)  In this section, "sports venue" and "related

39-15    infrastructure" have the meanings assigned by Section 334.001,

39-16    Local Government Code.

39-17          SECTION 4.  The changes in law made by this Act do not apply

39-18    to the use of tax revenue pledged to secure bonds issued before the

39-19    effective  date of this Act.  Tax revenue pledged to secure bonds

39-20    issued before the effective date of this Act is governed by the law

39-21    in effect on the date the bonds were issued, and that law is

39-22    continued in effect for that purpose.

39-23          SECTION 5.  (a)  This Act does not affect the authority of:

39-24                (1)  a municipality that created an industrial

39-25    development corporation under Section 4A or 4B, Development

39-26    Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil

39-27    Statutes), before the effective date of this Act to continue to

 40-1    collect any tax authorized for the benefit of the corporation

 40-2    before that date; or

 40-3                (2)  an industrial development corporation described by

 40-4    Subdivision (1) to continue a project or category of projects

 40-5    authorized for the corporation before the effective date of this

 40-6    Act that the corporation had begun before that date.

 40-7          (b)  A tax collected under Subsection (a)(1) of this section

 40-8    or a project continued under Subsection (a)(2) of this section is

 40-9    subject to the same restrictions applicable under Sections 4A and

40-10    4B, Development Corporation Act of 1979 (Article 5190.6, Vernon's

40-11    Texas Civil Statutes), as those sections existed immediately before

40-12    the effective date of this Act, and that law is continued in effect

40-13    for that purpose.

40-14          SECTION 6.  The importance of this legislation and the

40-15    crowded condition of the calendars in both houses create an

40-16    emergency and an imperative public necessity that the

40-17    constitutional rule requiring bills to be read on three several

40-18    days in each house be suspended, and this rule is hereby suspended,

40-19    and that this Act take effect and be in force from and after its

40-20    passage, and it is so enacted.