By:  Madla, et al.                                     S.B. No. 935

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the financing of community venues and related

 1-2     infrastructure in certain municipalities or counties; authorizing

 1-3     the imposition of certain local taxes and the issuance of local

 1-4     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.  COMMUNITY VENUES

 1-9                      SUBCHAPTER A.  GENERAL PROVISIONS

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

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

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" means any store,

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

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

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

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

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

1-22     or expand a community venue.

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

 2-1     stadium,  or other type of area or facility for which a fee for

 2-2     admission to the community events, athletic events, rodeos,

 2-3     livestock shows, agricultural expositions, and other civic,

 2-4     charitable, or promotional events is charged or is planned to be

 2-5     charged.

 2-6                 (5)  "Community venue project" means a community venue

 2-7     and related infrastructure that is planned, acquired, established,

 2-8     developed, constructed, or renovated under this chapter.

 2-9           Sec. 334.002.  APPLICATION OF CHAPTER.  (a)  Except as

2-10     provided by Subsection (b), this chapter applies only to:

2-11                 (1)  a county with a population of less than 1.5

2-12     million; and

2-13                 (2)  a municipality located in a county described by

2-14     Subdivision (1).

2-15           (b)  This chapter does not apply to a municipality with a

2-16     population of more than 500,000 that is situated in a county

2-17     bordering the United Mexican States and that has an athletic event,

2-18     as defined by Section 326.001, Tax Code, located within the

2-19     municipality's boundaries.

2-20           Sec. 334.003.  APPLICATION TO COMMUNITY VENUE CONSTRUCTED

2-21     UNDER OTHER LAW.  A county or municipality may use this chapter for

2-22     a community venue project relating to a community venue and related

2-23     infrastructure planned, acquired, established, developed,

2-24     constructed, or renovated under other law, including Section 4B,

2-25     Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas

 3-1     Civil Statutes), or Subchapter E, Chapter 451, Transportation Code.

 3-2           Sec. 334.004.  OTHER USES OF COMMUNITY VENUE PERMITTED.  This

 3-3     chapter does not prohibit the use of a community venue for an event

 3-4     that is not related to sports or athletics, such as a

 3-5     community-related event, including a rodeo, livestock show,

 3-6     agricultural exposition, public school event, or other promotional

 3-7     or entertainment event.

 3-8              (Sections 334.005-334.020 reserved for expansion

 3-9                   SUBCHAPTER B.  COMMUNITY VENUE PROJECTS

3-10           Sec. 334.021.  RESOLUTION AUTHORIZING PROJECT.  (a)  A county

3-11     or municipality by resolution may provide for the planning,

3-12     acquisition, establishment, development, construction, or

3-13     renovation of a community venue project if:

3-14                 (1)  the comptroller determines under Section 334.022

3-15     or 334.023 that the implementation of the resolution will not have

3-16     a negative fiscal impact on state revenue; and

3-17                 (2)  the resolution is approved by a majority of the

3-18     qualified voters of the municipality or county voting at an

3-19     election called and held for that purpose under Section 334.024.

3-20           (b)  The resolution must designate the community venue

3-21     project and each method of financing authorized by this chapter

3-22     that the municipality or county wants to use to finance the

3-23     project.  A resolution may designate more than one method of

3-24     financing.

3-25           Sec. 334.022.  STATE FISCAL IMPACT ANALYSIS.  (a)  Before

 4-1     calling an election on the resolution under Section 334.024, the

 4-2     municipality or county shall send a copy of the resolution to the

 4-3     comptroller.

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

 4-5     receives the copy of the resolution, the comptroller shall:

 4-6                 (1)  perform an analysis to determine if approval and

 4-7     implementation of the resolution will have a negative fiscal impact

 4-8     on state revenue; and

 4-9                 (2)  provide to the municipality or county written

4-10     notice of the results of the analysis.

4-11           (c)  If the comptroller does not complete the analysis and

4-12     provide the notice before the 15th day after the date the

4-13     comptroller receives the copy of the resolution, the comptroller is

4-14     considered to have determined that approval and implementation of

4-15     the resolution will not have a negative fiscal impact on state

4-16     revenue.

4-17           Sec. 334.023.  APPEAL OF COMPTROLLER DETERMINATION.  (a)  If

4-18     the comptroller determines under Section 334.022 that

4-19     implementation of the resolution will have a negative fiscal impact

4-20     on state revenue, the municipality or county may:

4-21                 (1)  contest the finding by filing an appeal with the

4-22     comptroller not later than the 10th day after the date the

4-23     municipality or county receives the written notice under Section

4-24     334.022; or

4-25                 (2)  ask the comptroller to provide information on how

 5-1     to change the resolution so that implementation will not have a

 5-2     negative fiscal impact on state revenue.

 5-3           (b)  Before the 11th day after the date the comptroller

 5-4     receives the appeal or request for information under Subsection

 5-5     (a), the comptroller shall, as appropriate:

 5-6                 (1)  perform a new analysis to determine if

 5-7     implementation of the resolution will have a negative fiscal impact

 5-8     on state revenue and  provide to the municipality or county written

 5-9     notice of the results of the analysis; or

5-10                 (2)  provide to the municipality or county written

5-11     information on how to change the resolution so that implementation

5-12     will not have a negative fiscal impact on state revenue.

5-13           (c)  If the comptroller determines that implementation will

5-14     have a negative fiscal impact on state revenue, the written

5-15     analysis required under Subsection (b)(1) must include information

5-16     on how to change the resolution so that implementation will not

5-17     have a negative fiscal impact on state revenue.

5-18           (d)  If the comptroller does not comply with Subsection (b)

5-19     before the 11th day after the date the comptroller receives the

5-20     appeal or request for information, the comptroller is considered to

5-21     have determined that approval and implementation of the resolution

5-22     will not have a negative fiscal impact on state revenue.

5-23           Sec. 334.024.  ELECTION.  (a)  If the comptroller determines

5-24     under Section 334.022 or 334.023 that the implementation of the

5-25     resolution will not have a negative fiscal impact on state revenue,

 6-1     the governing body of the municipality or county may order an

 6-2     election on the question of approving and implementing the

 6-3     resolution.

 6-4           (b)  The order calling the election must:

 6-5                 (1)  allow the voters to vote separately on each

 6-6     community venue project;

 6-7                 (2)  designate the community venue project;

 6-8                 (3)  designate each method of financing authorized by

 6-9     this chapter that the municipality or county wants to use to

6-10     finance the project and the maximum rate of each method; and

6-11                 (4)  allow the voters to vote, in the same proposition

6-12     or in separate propositions, on each method of financing authorized

6-13     by this chapter that the municipality or county wants to use to

6-14     finance the project and the maximum rate of each method.

6-15           (c)  The order calling the election may also allow the voters

6-16     to vote, in the same proposition or in separate propositions, on

6-17     one or more other unrelated projects proposed by the municipality

6-18     or county, including a project authorized by Section 4A or 4B,

6-19     Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas

6-20     Civil Statutes), or a water, road, or sewer project.

6-21           (d)  The ballot at the election held under this section must

6-22     be printed to permit voting for or against the proposition:

6-23     "Authorizing ________ (insert name of municipality or county) to

6-24     _______ (insert description of community venue project) and to

6-25     impose a ________ tax at the rate of ________ (insert the type of

 7-1     tax and the maximum rate of the tax) for the purpose of financing

 7-2     the community venue project."

 7-3           (e)  If more than one method of financing is to be voted on

 7-4     in one proposition, the ballot must be printed to permit voting for

 7-5     or against the proposition:  "Authorizing ________ (insert name of

 7-6     municipality or county) to ________ (insert description of

 7-7     community venue project) and to impose a ________ tax at the rate

 7-8     of _______ (insert each type of tax and the maximum rate of each

 7-9     tax) for the purpose of financing the community venue project."

7-10           (f)  If a community venue project and one or more unrelated

7-11     projects are to be voted on in the same proposition in accordance

7-12     with Subsection (c), the applicable ballot language required by

7-13     Subsection (d) or (e) must be modified as necessary to allow for a

7-14     vote on all the projects.

7-15           (g)  The Election Code governs an election held under this

7-16     chapter, except that the uniform election date provisions of

7-17     Section 41.001(a), Election Code, do not apply to an election

7-18     ordered under this section.

7-19              (Sections 334.025-334.040 reserved for expansion

7-20                      SUBCHAPTER C.  POWERS AND DUTIES

7-21           Sec. 334.041.  GENERAL POWERS.  (a)  A municipality or county

7-22     may  perform any act necessary to the full exercise of the

7-23     municipality's or county's powers under this chapter.

7-24           (b)  A municipality or county may acquire, sell, lease,

7-25     convey, or otherwise dispose of property or an interest in

 8-1     property, including an approved community venue project, under

 8-2     terms and conditions determined by the municipality or county.

 8-3           (c)  A municipality or county may contract with a public or

 8-4     private person, including a sports team, club, organization, or

 8-5     other entity to:

 8-6                 (1)  plan, acquire, establish, develop, construct, or

 8-7     renovate an approved community venue project; or

 8-8                 (2)  perform any other act the municipality or county

 8-9     is authorized to perform under this chapter.

8-10           (d)  If a municipality or county contracts with a sports team

8-11     or club for the construction, renovation, or operation of an

8-12     approved community venue project, the municipality or county is not

8-13     a party to a subsequent contract between the team or club and

8-14     another person relating to the project.  The competitive bidding

8-15     laws, including Chapter 271, do not apply to a contract between a

8-16     team or club and another person under this subsection.

8-17           Sec. 334.042.  COMMUNITY VENUE PROJECT FUND.  (a)  A

8-18     municipality or county in which an approved community venue project

8-19     is located shall establish by resolution a fund known as the

8-20     community venue project fund.

8-21           (b)  The municipality or county shall deposit into the

8-22     community venue project fund:

8-23                 (1)  the proceeds of any tax imposed by the

8-24     municipality or county under this chapter;

8-25                 (2)  all revenue from the sale of bonds or other

 9-1     obligations by the municipality or county under this chapter; and

 9-2                 (3)  any other money required by law to be deposited in

 9-3     the fund.

 9-4           (c)  The municipality or county may deposit into the

 9-5     community venue project fund:

 9-6                 (1)  money derived from innovative funding concepts

 9-7     such as the sale or lease of luxury boxes or the sale of licenses

 9-8     for personal seats; and

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

9-10     community venue project, including stadium rental payments and

9-11     revenue from concessions and parking.

9-12           (d)  The municipality or county may use money in the

9-13     community venue project fund only to:

9-14                 (1)  pay the costs of planning, acquiring,

9-15     establishing, developing, constructing, or renovating one or more

9-16     approved community venue projects in the municipality or county;

9-17                 (2)  pay the principal of, interest on, and other costs

9-18     relating to bonds or other obligations issued by the municipality

9-19     or county or to refund bonds, notes, or other obligations; or

9-20                 (3)  pay the costs of operating or maintaining one or

9-21     more approved community venue projects during the planning,

9-22     acquisition, establishment, development, construction, or

9-23     renovation or while bonds, notes, or other obligations for the

9-24     planning, acquisition, establishment, development, construction, or

9-25     renovation are outstanding.

 10-1          (e)  Money deposited into the community venue project fund,

 10-2    including money deposited under Subsection (c), is the property of

 10-3    the municipality or county depositing the money.

 10-4          Sec. 334.043.  BONDS AND OTHER OBLIGATIONS.  (a)  A

 10-5    municipality or county in which an approved community venue project

 10-6    is located may issue bonds, including revenue bonds and refunding

 10-7    bonds,  or other obligations to pay the costs of the approved

 10-8    community venue project.

 10-9          (b)  The bonds or other obligations and the proceedings

10-10    authorizing the bonds or other obligations shall be submitted to

10-11    the attorney general for review and approval as required by Article

10-12    3, Chapter 53, Acts of the 70th Legislature, 2nd Called Session,

10-13    1987 (Article 717k-8, Vernon's Texas Civil Statutes).

10-14          (c)  The bonds or other obligations must be payable from and

10-15    secured by the revenue in the community venue project fund.

10-16          (d)  The bonds or other obligations may mature serially or

10-17    otherwise not more than 30 years from their date of issuance.

10-18          (e)  The bonds or other obligations are not a debt of and do

10-19    not create a claim for payment against the revenue or property of

10-20    the municipality or county other than an approved community venue

10-21    project for which the bonds are issued.

10-22          Sec. 334.044.  PUBLIC PURPOSE OF PROJECT.  (a)  The

10-23    legislature finds for all constitutional and statutory purposes

10-24    that an approved community venue project is owned, used, and held

10-25    for public purposes by the municipality or county.

 11-1          (b)  Section 25.07(a), Tax Code, does not apply to a

 11-2    leasehold or other possessory interest granted by the municipality

 11-3    or county while the municipality or county owns the project.

 11-4          (c)  The project is exempt from taxation under Section 11.11,

 11-5    Tax Code, while the municipality or county owns the project.

 11-6             (Sections 334.045-334.080 reserved for expansion

 11-7                     SUBCHAPTER D.  SALES AND USE TAX

 11-8          Sec. 334.081.  SALES AND USE TAX.  (a)  A municipality by

 11-9    ordinance or a county by order may impose a sales and use tax under

11-10    this subchapter.

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

11-12    repeal or decrease the rate of a tax imposed under this subchapter.

11-13          (c)  A municipality or county may impose a tax under this

11-14    subchapter only if:

11-15                (1)  an approved community venue project is or is

11-16    planned to be located in the municipality or county; and

11-17                (2)  the tax is approved at an election held under

11-18    Section 334.024.

11-19          Sec. 334.082.  TAX CODE APPLICABLE.  (a)  Chapter 321, Tax

11-20    Code, governs the imposition, computation, administration,

11-21    collection, and remittance of a municipal tax authorized under this

11-22    subchapter except as inconsistent with this subchapter.

11-23          (b)  Chapter 323, Tax Code, governs the imposition,

11-24    computation, administration, collection, and remittance of a county

11-25    tax authorized under this subchapter except as inconsistent with

 12-1    this subchapter.

 12-2          Sec. 334.083.  TAX RATE.  (a)  The rate of a tax adopted

 12-3    under this subchapter must be one-eighth, one-fourth,

 12-4    three-eighths, or one-half of one percent.

 12-5          (b)  The ballot proposition at the election held to adopt the

 12-6    tax must specify the rate of the tax to be adopted.

 12-7          Sec. 334.084.  RATE INCREASE.  (a)  A municipality or county

 12-8    that has adopted a sales and use tax under this subchapter at a

 12-9    rate of less than one-half of one percent may by ordinance or order

12-10    increase the rate of the tax if the increase is approved by a

12-11    majority of the registered voters of the municipality or county

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

12-13          (b)  The tax may be increased under Subsection (a) in one or

12-14    more increments of one-eighth of one percent to a maximum of

12-15    one-half of one percent.

12-16          (c)  The ballot for an election to increase the tax shall be

12-17    printed to permit voting for or against the proposition:  "The

12-18    adoption of a sales and use tax for the purpose of financing

12-19    ___________________ (insert description of community venue project)

12-20    at the rate of ______ (insert one-fourth, three-eighths, or

12-21    one-half, as appropriate) of one percent."

12-22          Sec. 334.085.  IMPOSITION IN MUNICIPALITY OR COUNTY WITH

12-23    TRANSIT AUTHORITY.  (a)  If a municipality or county is included

12-24    within the boundaries of a rapid transit authority created under

12-25    Chapter 451, Transportation Code, or a regional transportation

 13-1    authority created under Chapter 452, Transportation Code, and the

 13-2    adoption or increase of the tax under this subchapter would result

 13-3    in a combined tax rate of more than two percent in any location in

 13-4    the municipality or county, the election to approve or increase the

 13-5    tax under this chapter is to be treated for all purposes as an

 13-6    election to reduce the tax rate of the transit or transportation

 13-7    authority to the highest rate that will not result in a combined

 13-8    tax rate of more than two percent in any location in the

 13-9    municipality or county.

13-10          (b)  The rate of the tax imposed by a rapid transit authority

13-11    under Chapter 451, Transportation Code, or by a regional

13-12    transportation authority under Chapter 452, Transportation Code, is

13-13    increased without further action of the board of the authority or

13-14    the voters of the authority, municipality, or county on the date on

13-15    which the tax imposed under this subchapter is decreased or

13-16    expires, but only to the extent that any tax imposed by the

13-17    authority was reduced under this section when the tax imposed by

13-18    the county was adopted or increased.

13-19          (c)  This section does not permit an authority to impose

13-20    taxes at different rates within the territory of the authority.

13-21          Sec. 334.086.  IMPOSITION OF TAX.  (a)  If the municipality

13-22    or county adopts a tax under this subchapter, a tax is imposed on

13-23    the receipts from the sale at retail of taxable items in the

13-24    municipality or county at the rate approved at the election.

13-25          (b)  There is also imposed an excise tax on the use, storage,

 14-1    or other consumption in the municipality or county of tangible

 14-2    personal property purchased, leased, or rented from a retailer

 14-3    during the period that the tax is effective in the municipality or

 14-4    county.  The rate of the excise tax is the same as the rate of the

 14-5    sales tax portion of the tax and is applied to the sale price of

 14-6    the tangible personal property.

 14-7          Sec. 334.087.  EFFECTIVE DATE OF TAX.  The adoption of a tax

 14-8    or the change of the tax rate under this subchapter takes effect on

 14-9    the first day of the first calendar quarter occurring after the

14-10    expiration of the first complete quarter occurring after the date

14-11    on which the comptroller receives a notice of the results of the

14-12    election adopting or increasing the tax or of the ordinance or

14-13    order decreasing the tax.

14-14          Sec. 334.088.  DEPOSIT OF TAX REVENUES.  Revenue from the tax

14-15    imposed under this subchapter shall be deposited in the community

14-16    venue project fund of the municipality or county imposing the tax.

14-17          Sec. 334.089.  ABOLITION OF TAX.  (a)  A sales and use tax

14-18    imposed under this subchapter may not be collected after the last

14-19    day of the first calendar quarter occurring after notification to

14-20    the comptroller by the municipality or county that the municipality

14-21    or county has abolished the tax or that all bonds or other

14-22    obligations of the municipality or county that are payable in whole

14-23    or in part from money in the community venue project fund,

14-24    including any refunding bonds or other obligations, have been paid

14-25    in full or the full amount of money, exclusive of guaranteed

 15-1    interest, necessary to pay in full the bonds and other obligations

 15-2    has been set aside in a trust account dedicated to the payment of

 15-3    the bonds and other obligations.

 15-4          (b)  The municipality or county shall notify the comptroller

 15-5    of the expiration of the tax not later than the 60th day before the

 15-6    expiration date.

 15-7             (Sections 334.090-334.100 reserved for expansion

 15-8            SUBCHAPTER E.  SHORT-TERM MOTOR VEHICLE RENTAL TAX

 15-9          Sec. 334.101.  DEFINITIONS.  (a)  In this subchapter:

15-10                (1)  "Motor vehicle" means a self-propelled vehicle

15-11    designed principally to transport persons or property on a public

15-12    roadway and includes a passenger car, van, station wagon, sport

15-13    utility vehicle, and truck.  The term does not include a:

15-14                      (A)  trailer, semitrailer, house trailer, truck

15-15    having a manufacturer's rating of more than one-half ton, or

15-16    road-building machine;

15-17                      (B)  device moved only by human power;

15-18                      (C)  device used exclusively on stationary rails

15-19    or tracks;

15-20                      (D)  farm machine; or

15-21                      (E)  mobile office.

15-22                (2)  "Place of business of the owner" means an

15-23    established outlet, office, or location operated by the owner of a

15-24    motor vehicle or the owner's agent or employee for the purpose of

15-25    renting motor vehicles and includes any location at which three or

 16-1    more rentals are made during a year.

 16-2                (3)  "Rental" means an agreement by the owner of a

 16-3    motor vehicle to authorize for not longer than 30 days the

 16-4    exclusive use of that vehicle to another for consideration.

 16-5          (b)  Except as provided by Subsection (a), words used in this

 16-6    subchapter and defined by Chapter 152, Tax Code, have the meanings

 16-7    assigned by Chapter 152, Tax Code.

 16-8          Sec. 334.102.  TAX AUTHORIZED.  (a)  A municipality by

 16-9    ordinance or a county by order may impose a tax on the gross rental

16-10    receipts from the rental in the municipality or county of a motor

16-11    vehicle.

16-12          (b)  A municipality by ordinance or a county by order may

16-13    repeal or decrease the rate of a tax imposed under Subsection (a).

16-14          (c)  A municipality or county may impose a tax under this

16-15    subchapter only if:

16-16                (1)  an approved community venue project is or is

16-17    planned to be located in the municipality or county; and

16-18                (2)  the tax is approved at an election held under

16-19    Section 334.024.

16-20          Sec. 334.103.  SHORT-TERM RENTAL TAX.  (a)  The tax

16-21    authorized by this subchapter is imposed at a rate in increments of

16-22    one-eighth of one percent, not to exceed 10 percent, on the gross

16-23    rental receipts from the rental in the municipality or county of a

16-24    motor vehicle.

16-25          (b)  The ballot proposition at the election held to adopt the

 17-1    tax must specify the maximum rate of the tax to be adopted.

 17-2          Sec. 334.104.  RATE INCREASE.  (a)  A municipality or county

 17-3    that has adopted a tax under this subchapter at a rate of less than

 17-4    10 percent may by ordinance or order increase the rate of the tax

 17-5    to a maximum of 10 percent if the increase is approved by a

 17-6    majority of the registered voters of that municipality or county

 17-7    voting at an election called and held for that purpose.

 17-8          (b)  The ballot for an election to increase the rate of the

 17-9    tax shall be printed to permit voting for or against the

17-10    proposition:  "The increase of the motor vehicle rental tax for the

17-11    purpose of financing _____ (insert description of community venue

17-12    project) to a maximum rate of _______ percent (insert new maximum

17-13    rate not to exceed 10 percent)."

17-14          Sec. 334.105.  COMPUTATION OF TAX.  (a)  The owner of a motor

17-15    vehicle subject to the tax imposed under this subchapter shall

17-16    collect the tax for the benefit of the municipality or county.

17-17          (b)  The owner shall add the short-term motor vehicle rental

17-18    tax imposed by the municipality or county under this subchapter, if

17-19    applicable, and the gross rental receipts tax imposed by Chapter

17-20    152, Tax Code, to the rental charge, and the sum of the taxes is a

17-21    part of the rental charge, is a debt owed to the motor vehicle

17-22    owner by the person renting the vehicle, and is recoverable at law

17-23    in the same manner as the rental charge.

17-24          Sec. 334.106.  CONSUMMATION OF RENTAL.  A rental of a motor

17-25    vehicle occurs in the municipality or county in which transfer of

 18-1    possession of the motor vehicle occurs.

 18-2          Sec. 334.107.  SHORT-TERM TAX INAPPLICABLE WHEN NO STATE TAX.

 18-3    The tax authorized by this subchapter does not apply to the gross

 18-4    receipts from the rental of a motor vehicle unless the tax imposed

 18-5    by Chapter 152, Tax Code, also applies to the rental.

 18-6          Sec. 334.108.  EXEMPTIONS APPLICABLE.  The exemptions

 18-7    provided by Subchapter E, Chapter 152, Tax Code, apply to the tax

 18-8    authorized by this subchapter.

 18-9          Sec. 334.109.  NOTICE OF TAX.  Each bill or other receipt for

18-10    a rental subject to the tax imposed under this subchapter must

18-11    contain a statement in a conspicuous location stating:  "_______

18-12    (insert name of taxing municipality or county) requires that an

18-13    additional tax of ____ percent (insert rate of tax) be imposed on

18-14    each motor vehicle rental for the purpose of financing a community

18-15    venue project."

18-16          Sec. 334.110.  GROSS RECEIPTS PRESUMED SUBJECT TO TAX.  All

18-17    gross receipts of an owner of a motor vehicle from the rental of

18-18    the motor vehicle are presumed to be subject to the tax imposed by

18-19    this subchapter except gross receipts for which the owner has

18-20    accepted in good faith a properly completed exemption certificate.

18-21          Sec. 334.111.  RECORDS.  (a)  The owner of a motor vehicle

18-22    used for rental purposes shall keep for four years records and

18-23    supporting documents containing information on the amount of:

18-24                (1)  gross rental receipts received from the rental of

18-25    the motor vehicle; and

 19-1                (2)  the tax imposed under this subchapter and paid to

 19-2    the municipality or county on each motor vehicle used for rental

 19-3    purposes by the owner.

 19-4          (b)  Mileage records are not required.

 19-5          Sec. 334.112.  FAILURE TO KEEP RECORDS.  (a)  An owner of a

 19-6    motor vehicle commits an offense if the owner fails to make and

 19-7    retain complete records for the four-year period required by

 19-8    Section 334.111.

 19-9          (b)  An offense under this section is a misdemeanor

19-10    punishable by a fine of not less than $25 or more than $500.

19-11          Sec. 334.113.  EFFECTIVE DATE AND ENDING DATE OF TAX.  (a)  A

19-12    tax imposed under this subchapter or a change in the tax rate takes

19-13    effect on the date prescribed by the ordinance or order imposing

19-14    the tax or changing the rate.

19-15          (b)  A municipality or county may impose a tax under this

19-16    subchapter only if the municipality or county issues bonds or other

19-17    obligations under Section 334.043.  The municipality or county may

19-18    impose the tax only while those bonds or other obligations are

19-19    outstanding and unpaid.

19-20          Sec. 334.114.  TAX COLLECTION; PENALTY.  (a)  The owner of a

19-21    motor vehicle required to collect the tax imposed under this

19-22    subchapter shall report and send the taxes collected to the

19-23    municipality or county as provided by the ordinance or order

19-24    imposing the tax.

19-25          (b)  A municipality by ordinance or a county by order may

 20-1    prescribe penalties, including interest charges, for failure to

 20-2    keep records required by the municipality or county, to report when

 20-3    required, or to pay the tax when due.

 20-4          (c)  The attorney acting for the municipality or county may

 20-5    bring suit against a person who fails to collect a tax under this

 20-6    subchapter and to pay it over to the municipality or county as

 20-7    required.

 20-8          Sec. 334.115.  COLLECTION PROCEDURES ON PURCHASE OF MOTOR

 20-9    VEHICLE RENTAL BUSINESS.  (a)  If the owner of a motor vehicle

20-10    rental business that makes rentals subject to the tax imposed by

20-11    this subchapter sells the business, the successor to the seller or

20-12    the seller's assignee shall withhold an amount of the purchase

20-13    price sufficient to pay the amount of tax due until the seller

20-14    provides a receipt by a person designated by the municipality or

20-15    county to provide the receipt showing that the amount has been paid

20-16    or a certificate showing that no tax is due.

20-17          (b)  The purchaser of a motor vehicle rental business who

20-18    fails to withhold an amount of the purchase price as required by

20-19    this section is liable for the amount required to be withheld to

20-20    the extent of the value of the purchase price.

20-21          (c)  The purchaser of a motor vehicle rental business may

20-22    request that the person designated by the municipality or county to

20-23    provide a receipt under Subsection (a) issue a certificate stating

20-24    that no tax is due or issue a statement of the amount required to

20-25    be paid before a certificate may be issued.  The person designated

 21-1    by the municipality or county shall issue the certificate or

 21-2    statement not later than the 60th day after the date the person

 21-3    receives the request.

 21-4          (d)  If the person designated by the municipality or county

 21-5    to provide a receipt under Subsection (a) fails to issue the

 21-6    certificate or statement within the period provided by Subsection

 21-7    (c), the purchaser is released from the obligation to withhold the

 21-8    purchase price or pay the amount due.

 21-9          Sec. 334.116.  REIMBURSEMENT FOR TAX COLLECTION EXPENSES.

21-10    (a)  A municipality by ordinance or a county by order may permit a

21-11    person who is required to collect a tax under this subchapter to

21-12    retain a percentage of the amount collected and required to be

21-13    reported as reimbursement to the person for the costs of collecting

21-14    the tax.

21-15          (b)  A municipality or county may provide that the person may

21-16    retain the amount authorized by Subsection (a) only if the person

21-17    pays the tax and files reports as required by the municipality or

21-18    county.

21-19          Sec. 334.117.  DEPOSIT OF TAX REVENUE.  Revenue from the tax

21-20    imposed under this subchapter shall be deposited in the community

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

21-22             (Sections 334.118-334.150 reserved for expansion

21-23                       SUBCHAPTER F.  ADMISSIONS TAX

21-24          Sec. 334.151.  TAX AUTHORIZED.  (a)  A municipality by

21-25    ordinance or a county by order may impose a tax on each person

 22-1    admitted to an event at an approved community venue project in the

 22-2    municipality or county for which the municipality or county has

 22-3    issued bonds to plan, acquire, establish, develop, construct, or

 22-4    renovate the approved community venue project.

 22-5          (b)  The municipality or county may not impose the tax under

 22-6    this subchapter for admission to an event at a community venue that

 22-7    is not an approved community venue project or for which the

 22-8    municipality or county has not issued bonds to plan, acquire,

 22-9    establish, develop, construct, or renovate the approved community

22-10    venue project.

22-11          (c)  A municipality or county may impose a tax under this

22-12    subchapter only if:

22-13                (1)  an approved community venue project is or will be

22-14    located in the municipality or county; and

22-15                (2)  the tax is approved at an election held under

22-16    Section 334.024.

22-17          Sec. 334.152.  TAX RATE.  (a)  The tax authorized by this

22-18    subchapter is imposed at the tax rate on each person admitted.

22-19          (b)  The amount of the tax may be imposed at any uniform

22-20    monetary amount not to exceed $1.  The tax may not be imposed at a

22-21    percentage rate.

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

22-23    tax must specify the maximum rate of the tax to be adopted.

22-24          (d)  The municipality by ordinance or the county by order may

22-25    repeal or decrease the rate of the tax imposed under this

 23-1    subchapter.

 23-2          Sec. 334.153.  RATE INCREASE.  (a)  A municipality or county

 23-3    that has adopted a tax under this subchapter at a rate of less than

 23-4    $1 a person may by ordinance or order increase the rate of the tax

 23-5    to a maximum of $1 a person if the increase is approved by a

 23-6    majority of the registered voters of that municipality or county

 23-7    voting at an election called and held for that purpose.

 23-8          (b)  The ballot for an election to increase the rate of the

 23-9    tax shall be printed to permit voting for or against the

23-10    proposition:  "The increase of the admissions tax for the purpose

23-11    of financing _______ (insert description of community venue

23-12    project) to a maximum rate of ________ a day (insert new maximum

23-13    rate not to exceed $1)."

23-14          Sec. 334.154.  COLLECTION.  (a)  The municipality by

23-15    ordinance or the county by order may require the owner or lessee of

23-16    an approved community venue project in the municipality or county

23-17    to collect the tax for the benefit of the municipality or county.

23-18          (b)  An owner or lessee required to collect the tax under

23-19    this section shall add the tax to the admissions price, and the tax

23-20    is a part of the admissions price, is a debt owed to the owner or

23-21    lessee of the approved community venue project by the person

23-22    admitted, and is recoverable at law in the same manner as the

23-23    admissions charge.

23-24          (c)  The tax imposed by this subchapter is not an occupation

23-25    tax imposed on the owner or lessee of the approved community venue

 24-1    project.

 24-2          Sec. 334.155.  EFFECTIVE DATE AND ENDING DATE OF TAX.  (a)  A

 24-3    tax imposed under this subchapter or a change in a tax rate takes

 24-4    effect on the date prescribed by the ordinance or order imposing

 24-5    the tax or changing the rate.

 24-6          (b)  A municipality or county may impose a tax under this

 24-7    subchapter only if the municipality or county issues bonds or other

 24-8    obligations under Section 334.043.  The municipality or county may

 24-9    impose the tax only while those bonds or other obligations are

24-10    outstanding and unpaid.

24-11          Sec. 334.156.  COLLECTION OF TAX.  (a)  A person required to

24-12    collect a tax imposed under this subchapter shall report and send

24-13    the taxes collected to the municipality or county as provided by

24-14    the municipality or county imposing the tax.

24-15          (b)  A municipality by ordinance or a county by order may

24-16    prescribe penalties, including interest charges, for failure to

24-17    keep records required by the municipality or county, to report when

24-18    required, or to pay the tax when due.  The attorney acting for the

24-19    municipality or county may bring suit against a person who fails to

24-20    collect a tax under this subchapter and to pay it over to the

24-21    municipality or county as required.

24-22          (c)  A municipality by ordinance or a county by order may

24-23    permit a person who is required to collect a tax under this

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

24-25    required to be reported as reimbursement to the person for the

 25-1    costs of collecting the tax.  The municipality or county may

 25-2    provide that the person may retain the amount only if the person

 25-3    pays the tax and files reports as required by the municipality or

 25-4    county.

 25-5          Sec. 334.157.  DEPOSIT OF TAX REVENUE.  Revenue from the tax

 25-6    imposed under this subchapter shall be deposited in the community

 25-7    venue project fund of the municipality or county imposing the tax.

 25-8             (Sections 334.158-334.200 reserved for expansion

 25-9                        SUBCHAPTER G.  PARKING TAX

25-10          Sec. 334.201.  EVENT PARKING TAX.  (a)  A municipality by

25-11    ordinance or a county by order may impose a tax on each motor

25-12    vehicle parking in a parking facility of an approved community

25-13    venue project.

25-14          (b)  The municipality or county may impose the tax during a

25-15    period beginning not more than three hours before and ending not

25-16    more than three hours after the time an event in an approved

25-17    community venue project is scheduled to begin.  The municipality or

25-18    county may not impose the tax under this subchapter during any

25-19    other time.

25-20          (c)  A municipality or county may impose a tax under this

25-21    subchapter only if the tax is approved at an election held under

25-22    Section 334.024.

25-23          Sec. 334.202.  TAX RATE.  (a)  The municipality by ordinance

25-24    or the county by order may provide that the tax is imposed at a

25-25    flat amount on each parked motor vehicle or is imposed as a

 26-1    percentage of the amount charged for event parking by the owner of

 26-2    the parking facility.

 26-3          (b)  Regardless of the method of imposition, the amount of

 26-4    the tax may not exceed 50 cents for each motor vehicle.

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

 26-8    repeal or decrease the rate of the tax imposed under this section.

 26-9          Sec. 334.203.  RATE INCREASE.  (a)  A municipality or county

26-10    that has adopted a tax under this subchapter at a rate of less than

26-11    50 cents a vehicle may by ordinance or order increase the rate of

26-12    the tax to a maximum of 50 cents a vehicle if the increase is

26-13    approved by a majority of the registered voters of that

26-14    municipality or county voting at an election called and held for

26-15    that purpose.

26-16          (b)  The ballot for an election to increase the rate of the

26-17    tax shall be printed to permit voting for or against the

26-18    proposition:  "The increase of the parking tax for the purpose of

26-19    financing _______ (insert description of community venue project)

26-20    to a maximum rate of _______ (insert new maximum rate not to exceed

26-21    50 cents)."

26-22          Sec. 334.204.  COLLECTION.  (a)  The municipality by

26-23    ordinance or the county by order may require the owner or lessee of

26-24    a parking facility to collect the tax for the benefit of the

26-25    municipality or county.

 27-1          (b)  An owner or lessee required to collect the tax under

 27-2    this section shall add the tax to the parking charge, and the tax

 27-3    is a part of the parking charge, is a debt owed to the parking

 27-4    facility owner or lessee by the person parking, and is recoverable

 27-5    at law in the same manner as the parking charge.

 27-6          (c)  The tax imposed by this subchapter is not an occupation

 27-7    tax imposed on the owner or lessee of the parking facility.

 27-8          Sec. 334.205.  EFFECTIVE DATE AND ENDING DATE OF TAX.  (a)  A

 27-9    tax imposed under this subchapter or a change in the tax rate takes

27-10    effect on the date prescribed by the ordinance or order imposing

27-11    the tax or changing the rate.

27-12          (b)  A municipality or county may impose a tax under this

27-13    subchapter only if the municipality or county issues bonds or other

27-14    obligations under Section 334.043.  The municipality or county may

27-15    impose the tax only while those bonds or other obligations are

27-16    outstanding and unpaid.

27-17          Sec. 334.206.  COLLECTION OF TAX.  (a)  A person required to

27-18    collect a tax imposed under this subchapter shall report and send

27-19    the taxes collected to the municipality or county as provided by

27-20    the municipality or county imposing the tax.

27-21          (b)  A municipality by ordinance or a county by order may

27-22    prescribe penalties, including interest charges, for failure to

27-23    keep records required by the municipality or county, to report when

27-24    required, or to pay the tax when due.  The attorney acting for the

27-25    municipality or county may bring suit against a person who fails to

 28-1    collect a tax under this subchapter and to pay it over to the

 28-2    municipality or county as required.

 28-3          (c)  A municipality by ordinance or a county by order may

 28-4    permit a person who is required to collect a tax under this

 28-5    subchapter to retain a percentage of the amount collected and

 28-6    required to be reported as reimbursement to the person for the

 28-7    costs of collecting the tax.  The municipality or county may

 28-8    provide that the person may retain the amount only if the person

 28-9    pays the tax and files reports as required by the municipality or

28-10    county.

28-11          Sec. 334.207.  DEPOSIT OF TAX REVENUE.  Revenue from the tax

28-12    imposed under this subchapter shall be deposited in the community

28-13    venue project fund of the municipality or county imposing the tax.

28-14                  CHAPTER 335.  COMMUNITY VENUE DISTRICTS

28-15                     SUBCHAPTER A.  GENERAL PROVISIONS

28-16          Sec. 335.001.  DEFINITIONS.  In this chapter:

28-17                (1)  "Approved community venue project" has the meaning

28-18    assigned by Section 334.001, except that the approval of the

28-19    project must occur under this chapter.

28-20                (2)  "Board" means the board of directors of a

28-21    community venue district.

28-22                (3)  "District" means a community venue district

28-23    created under this chapter.

28-24                (4)  "Related infrastructure" has the meaning assigned

28-25    by Section 334.001.

 29-1                (5)  "Community venue" has the meaning assigned by

 29-2    Section 334.001.

 29-3                (6)  "Community venue project" has the meaning assigned

 29-4    by Section 334.001, except that the actions described by that

 29-5    section must occur under this chapter.

 29-6          Sec. 335.002.  APPLICATION OF CHAPTER.  (a)  Except as

 29-7    provided by Subsection (b), this chapter applies only to:

 29-8                (1)  a county with a population of less than 1.5

 29-9    million;

29-10                (2)  a municipality located in a county described by

29-11    Subdivision (1);

29-12                (3)  a county adjacent to a county described by

29-13    Subdivision (1); and

29-14                (4)  a municipality located in a county described by

29-15    Subdivision (3).

29-16          (b)  This chapter does not apply to a municipality with a

29-17    population of more than 500,000 that is situated in a county

29-18    bordering the United Mexican States and which has an athletic event

29-19    located within the municipality's boundaries.

29-20          Sec. 335.003.  APPLICATION TO COMMUNITY VENUE CONSTRUCTED

29-21    UNDER OTHER LAW.  A district may use this chapter for a community

29-22    venue project relating to a community venue and related

29-23    infrastructure planned, acquired, established, developed,

29-24    constructed, or renovated under other law, including Section 4B,

29-25    Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas

 30-1    Civil Statutes), or Subchapter E, Chapter 451, Transportation Code.

 30-2          Sec. 335.004.  OTHER USES OF COMMUNITY VENUE PERMITTED.  This

 30-3    chapter does not prohibit the use of a community venue for an event

 30-4    that is not related to sports or athletics, such as a

 30-5    community-related event, including a rodeo, livestock show,

 30-6    agricultural exposition, public school event, or other promotional

 30-7    or entertainment event.

 30-8             (Sections 335.005-335.020 reserved for expansion

 30-9                  SUBCHAPTER B.  COMMUNITY VENUE DISTRICT

30-10          Sec. 335.021.  CREATION.  Two or more counties, two or more

30-11    municipalities, or one or more municipalities and one or more

30-12    counties may create a community venue district under this chapter

30-13    to plan, acquire, establish, develop, construct, or renovate one or

30-14    more community venue projects in the district subject to voter

30-15    approval under Subchapter D.

30-16          Sec. 335.022.  ORDER CREATING DISTRICT.  Two or more

30-17    counties, two or more municipalities, or one or more municipalities

30-18    and one or more counties may create a district under this chapter

30-19    by adopting concurrent orders.  The concurrent orders must:

30-20                (1)  contain identical provisions;

30-21                (2)  define the boundaries of the district to be

30-22    coextensive with each creating political subdivision; and

30-23                (3)  designate the number of directors and the manner

30-24    of appointment in accordance with Section 335.031.

30-25          Sec. 335.023.  POLITICAL SUBDIVISION; OPEN MEETINGS.  (a)  A

 31-1    district is a political subdivision of the creating political

 31-2    subdivisions and of this state.

 31-3          (b)  A district is subject to Chapter 551, Government Code.

 31-4             (Sections 335.024-335.030 reserved for expansion)

 31-5                     SUBCHAPTER C.  BOARD OF DIRECTORS

 31-6          Sec. 335.031.  COMPOSITION AND APPOINTMENT OF BOARD.  (a)  A

 31-7    district is governed by a board of at least four directors.

 31-8          (b)  The board is appointed by the governing body of the

 31-9    political subdivisions that create the district.  Each political

31-10    subdivision is entitled to an equal number of directors.

31-11          (c)  Directors serve staggered two-year terms.  A director

31-12    may be removed by the appointing political subdivision at any time

31-13    without cause.  Successor directors are appointed in the same

31-14    manner as the original appointees.

31-15          (d)  To qualify to serve as a director, a person must be a

31-16    resident of the appointing political subdivision.  An employee,

31-17    officer, or member of the governing body of the appointing

31-18    political subdivision may serve as a director but may not have a

31-19    personal interest in a contract executed by the district other than

31-20    as an employee, officer, or member of the governing body of the

31-21    political subdivision.

31-22          Sec. 335.032.  COMPENSATION.  A board member is not entitled

31-23    to compensation but is entitled to reimbursement for actual and

31-24    necessary expenses.

31-25          Sec. 335.033.  MEETINGS.  The board shall conduct its

 32-1    meetings in the district.

 32-2          Sec. 335.034.  OFFICERS.  The board shall designate from the

 32-3    members of the board a presiding officer, a secretary, and other

 32-4    officers the board considers necessary.

 32-5             (Sections 335.035-335.050 reserved for expansion

 32-6                  SUBCHAPTER D.  COMMUNITY VENUE PROJECTS

 32-7          Sec. 335.051.  RESOLUTION AUTHORIZING PROJECT.  (a)  A

 32-8    district by resolution may provide for the planning, acquisition,

 32-9    establishment, development, construction, or renovation of a

32-10    community venue project if:

32-11                (1)  the comptroller determines under Section 335.052

32-12    or 335.053 that the implementation of the resolution will not have

32-13    a negative fiscal impact on state revenue; and

32-14                (2)  the resolution is approved by a majority of the

32-15    qualified voters of each political subdivision that created the

32-16    district voting at separate elections called and held for that

32-17    purpose under Section 335.054.

32-18          (b)  The resolution must designate the community venue

32-19    project and each method of financing authorized by this chapter

32-20    that the district wants to use to finance the project.  A

32-21    resolution may designate more than one method of financing.

32-22          Sec. 335.052.  STATE FISCAL IMPACT ANALYSIS.  (a) Before

32-23    calling an election on the resolution under Section 335.054, the

32-24    district shall send a copy of the resolution to the comptroller.

32-25          (b)  Before the 15th day after the date the comptroller

 33-1    receives the copy of the resolution, the comptroller shall:

 33-2                (1)  perform an analysis to determine if approval and

 33-3    implementation of the resolution will have a negative fiscal impact

 33-4    on state revenue; and

 33-5                (2)  provide to the district written notice of the

 33-6    results of the analysis.

 33-7          (c)  If the comptroller does not complete the analysis and

 33-8    provide the notice before the 15th day after the date the

 33-9    comptroller receives the copy of the resolution, the comptroller is

33-10    considered to have determined that approval and implementation of

33-11    the resolution will not have a negative fiscal impact on state

33-12    revenue.

33-13          Sec. 335.053.  APPEAL OF COMPTROLLER DETERMINATION.  (a)  If

33-14    the comptroller determines under Section 335.052 that

33-15    implementation of the resolution will have a negative fiscal impact

33-16    on state revenue, the district may:

33-17                (1)  contest the finding by filing an appeal with the

33-18    comptroller not later than the 10th day after the date the district

33-19    receives the written notice under Section 335.052; or

33-20                (2)  ask the comptroller to provide information on how

33-21    to change the resolution so that implementation will not have a

33-22    negative fiscal impact on state revenue.

33-23          (b)  Before the 11th day after the date the comptroller

33-24    receives the appeal or request for information under Subsection

33-25    (a),  the comptroller shall, as appropriate:

 34-1                (1)  perform a new analysis to determine if

 34-2    implementation of the resolution will have a negative fiscal impact

 34-3    on state revenue and provide to the district written notice of the

 34-4    results of the analysis; or

 34-5                (2)  provide to the district written information on how

 34-6    to change the resolution so that implementation will not have a

 34-7    negative fiscal impact on state revenue.

 34-8          (c)  If the comptroller determines that implementation will

 34-9    have a negative fiscal impact on state revenue, the written

34-10    analysis required under Subsection (b)(1) must include information

34-11    on how to change the resolution so that implementation will not

34-12    have a negative fiscal impact on state revenue.

34-13          (d)  If the comptroller does not comply with Subsection (b)

34-14    before the 11th day after the date the comptroller receives the

34-15    appeal or request for information, the comptroller is considered to

34-16    have determined that approval and implementation of the resolution

34-17    will not have a negative fiscal impact on state revenue.

34-18          Sec. 335.054.  ELECTION.  (a)  If the comptroller determines

34-19    under Section 335.052 or 335.053 that implementation of the

34-20    resolution will not have a negative fiscal impact on state revenue,

34-21    the board may order a separate election in each political

34-22    subdivision that created the district on the question of approving

34-23    and implementing the resolution.  The elections shall be held on

34-24    the same day.

34-25          (b)  The order calling the elections must:

 35-1                (1)  allow the voters to vote separately on each

 35-2    community venue project;

 35-3                (2)  designate the community venue project;

 35-4                (3)  designate each method of financing authorized by

 35-5    this chapter that the district wants to use to finance the project

 35-6    and the maximum rate of each method; and

 35-7                (4)  allow the voters to vote, in the same proposition

 35-8    or in separate propositions, on each method of financing authorized

 35-9    by this chapter that the district wants to use to finance the

35-10    project and the maximum rate of each method.

35-11          (c)  The ballot at the elections held under this section must

35-12    be printed to permit voting for or against the proposition:

35-13    "Authorizing _________ (insert name of district) to __________

35-14    (insert description of community venue project) and to impose a

35-15    __________ tax (insert type of tax) at the rate of ________ (insert

35-16    maximum rate) for the purpose of financing the community venue

35-17    project."

35-18          (d)  If more than one method of financing is to be voted on

35-19    in one proposition, the ballot must be printed to permit voting for

35-20    or against the proposition:  "Authorizing _________ (insert name of

35-21    district) to __________ (insert description of community venue

35-22    project) and to impose a __________ tax at the rate of ________

35-23    (insert each type of tax and the maximum rate of each tax) for the

35-24    purpose of financing the community venue project."

35-25          (e)  If a majority of the votes cast at the election in each

 36-1    creating political subdivision approves the proposition authorizing

 36-2    the project, the district may implement the resolution.  If a

 36-3    majority of the votes cast in one or more of the creating political

 36-4    subdivisions disapproves the proposition authorizing the project,

 36-5    the district may not implement the resolution.  If the project is

 36-6    approved but one or more financing methods contained in separate

 36-7    propositions are disapproved, the district may use only the

 36-8    approved financing methods.

 36-9          (f)  The Election Code governs an election held under this

36-10    chapter, except that the uniform election date provisions of

36-11    Section 41.001(a), Election Code, do not apply to an election

36-12    ordered under this section.

36-13             (Sections 335.055-335.070 reserved for expansion

36-14                     SUBCHAPTER E.  POWERS AND DUTIES

36-15          Sec. 335.071.  GENERAL POWERS OF DISTRICT. (a)  A district

36-16    may:

36-17                (1)  perform any act necessary to the full exercise of

36-18    the district's powers;

36-19                (2)  accept a grant or loan from a:

36-20                      (A)  department or agency of the United States;

36-21                      (B)  department, agency, or political subdivision

36-22    of this state; or

36-23                      (C)  public or private person;

36-24                (3)  acquire, sell, lease, convey, or otherwise dispose

36-25    of property or an interest in property, including an approved

 37-1    community venue project, under terms and conditions determined by

 37-2    the district;

 37-3                (4)  employ necessary personnel; and

 37-4                (5)  adopt rules to govern the operation of the

 37-5    district and its employees and property.

 37-6          (b)  A district may contract with a public or private person,

 37-7    including a sports team, club, organization, or other entity, to:

 37-8                (1)  plan, acquire, establish, develop, construct, or

 37-9    renovate an approved community venue project; or

37-10                (2)  perform any other act the district is authorized

37-11    to perform under this chapter.

37-12          (c)  If the district contracts with a sports team or club for

37-13    the construction, renovation, or operation of an approved community

37-14    venue project, the district is not a party to a subsequent contract

37-15    between the team or club and another person relating to the

37-16    project.  The competitive bidding laws, including Chapter 271, do

37-17    not apply to a contract between a team or club and another person

37-18    under this subsection.

37-19          (d)  A district may impose any tax a county may impose under

37-20    Chapter 334, subject to approval of the voters of the district as

37-21    prescribed by this chapter and Chapter 334.  The district shall

37-22    impose the tax in the same manner as a county.

37-23          (e)  A district may not levy an ad valorem tax.

37-24          Sec. 335.072.  COMMUNITY VENUE PROJECT FUND.  (a)  A district

37-25    in which an approved community venue project is located shall

 38-1    establish by resolution a fund known as the community venue project

 38-2    fund.

 38-3          (b)  The district shall deposit into the community venue

 38-4    project fund:

 38-5                (1)  the proceeds from any tax imposed by the district;

 38-6                (2)  all revenue from the sale of bonds or other

 38-7    obligations by the district;

 38-8                (3)  money received under Section 335.075  from a

 38-9    municipality that created the district; and

38-10                (4)  any other money required by law to be deposited in

38-11    the fund.

38-12          (c)  The district may deposit into the community venue

38-13    project fund:

38-14                (1)  money derived from innovative funding concepts

38-15    such as the sale or lease of luxury boxes or the sale of licenses

38-16    for personal seats; and

38-17                (2)  any other revenue derived from the approved

38-18    community venue project, including stadium rental payments and

38-19    revenue from concessions and parking.

38-20          (d)  The district may use money in the community venue

38-21    project fund only to:

38-22                (1)  pay the costs of planning, acquiring,

38-23    establishing, developing, constructing, or renovating one or more

38-24    approved community venue projects in the district;

38-25                (2)  pay the principal of, interest on, and other costs

 39-1    relating to bonds or other obligations issued by the district or to

 39-2    refund bonds or other obligations; or

 39-3                (3)  pay the costs of operating or maintaining one or

 39-4    more approved community venue projects during the planning,

 39-5    acquisition, establishment, development, construction, or

 39-6    renovation or while bonds or other obligations for the planning,

 39-7    acquisition, establishment, development, construction, or

 39-8    renovation are outstanding.

 39-9          (e)  Money deposited into the community venue project fund,

39-10    including money deposited under Subsection (c), is the property of

39-11    the district depositing the money.

39-12          Sec. 335.073.  BONDS AND OTHER OBLIGATIONS.  (a)  A district

39-13    in which an approved community venue project is located may issue

39-14    bonds, including revenue bonds and refunding bonds, or other

39-15    obligations to pay the costs of the approved community venue

39-16    project.

39-17          (b)  The bonds or other obligations and the proceedings

39-18    authorizing the bonds or other obligations shall be submitted to

39-19    the attorney general for review and approval as required by Article

39-20    3, Chapter 53, Acts of the 70th Legislature, 2nd Called Session,

39-21    1987 (Article 717k-8, Vernon's Texas Civil Statutes).

39-22          (c)  The bonds or other obligations must be payable from and

39-23    secured by the revenue in the community venue project fund.

39-24          (d)  The bonds or other obligations may mature serially or

39-25    otherwise not more than 30 years from their date of issuance.

 40-1          (e)  The bonds or other obligations are not a debt of and do

 40-2    not create a claim for payment against the revenue or property of

 40-3    the district other than an approved community venue  project for

 40-4    which the bonds are issued.

 40-5          Sec. 335.074.  PUBLIC PURPOSE OF PROJECT.  (a)  The

 40-6    legislature finds for all constitutional and statutory purposes

 40-7    that an approved community venue project is owned, used, and held

 40-8    for public purposes by the district.

 40-9          (b)  Section 25.07(a), Tax Code, does not apply to a

40-10    leasehold or other possessory interest granted by the district

40-11    while the district owns the project.

40-12          (c)  The project is exempt from taxation under Section 11.11,

40-13    Tax Code, while the district owns the project.

40-14          Sec. 335.075.  DEDICATION OR GRANT OF CERTAIN REVENUE BY

40-15    CREATING MUNICIPALITY.  (a)  A municipality  that created the

40-16    district may contribute  or dedicate to the district municipal

40-17    sales and use tax revenue received by the municipality that is

40-18    generated, paid, or collected by any or all businesses operating in

40-19    an approved community venue project.

40-20          (b)  The municipality may contribute or dedicate money under

40-21    this section only if the municipality determines that the approved

40-22    community venue project from which the revenue was derived will

40-23    contribute to the economic, cultural, or recreational development

40-24    or well-being of the residents of the municipality.

40-25          SECTION 2.  Subtitle C, Title 3, Tax Code, is amended by

 41-1    adding Chapter 326 to read as follows:

 41-2          CHAPTER 326.  MUNICIPAL TAX ON RENTAL OF MOTOR VEHICLE

 41-3                     SUBCHAPTER A.  GENERAL PROVISIONS

 41-4          Sec. 326.001.  DEFINITIONS.  (a)  In this chapter:

 41-5                (1)  "Athletic event" means a postseason

 41-6    intercollegiate athletic football bowl game for which a fee for

 41-7    admission to one or more sports or athletic events is charged.

 41-8                (2)  "Auto rental tax fund" means the fund established

 41-9    by a municipality by resolution for the deposit of the tax revenue

41-10    collected under this chapter.

41-11                (3)  "Motor vehicle" means a self-propelled vehicle

41-12    designed principally to transport persons or property on a public

41-13    roadway and includes a passenger car, van, station wagon, sport

41-14    utility vehicle, and truck.  The term does not include a:

41-15                      (A)  trailer, semitrailer, house trailer, truck

41-16    having a manufacturer's rating of more than one-half ton, or

41-17    road-building machine;

41-18                      (B)  device moved only by human power;

41-19                      (C)  device used exclusively on stationary rails

41-20    or tracks;

41-21                      (D)  farm machine; or

41-22                      (E)  mobile office.

41-23                (4)  "Place of business of the owner" means an

41-24    established outlet, office, or location operated by the owner of a

41-25    motor vehicle or the owner's agent or employee for the purpose of

 42-1    renting motor vehicles and includes any location at which three or

 42-2    more rentals are made during a year.

 42-3                (5)  "Rental" means an agreement by the owner of a

 42-4    motor vehicle to authorize for not longer than 30 days the

 42-5    exclusive use of that vehicle to another for consideration.

 42-6          (b)  Except as provided by Subsection (a), words used in this

 42-7    subchapter and defined by Chapter 152 have the meanings assigned by

 42-8    Chapter 152.

 42-9          Sec. 326.002.  APPLICATION OF CHAPTER.  This chapter applies

42-10    only to a municipality with a population of more than 500,000 that

42-11    is situated in a county bordering the United Mexican States and

42-12    which has an athletic event located within the municipality's

42-13    boundaries.

42-14             (Sections 326.003-326.100 reserved for expansion

42-15         SUBCHAPTER B.  IMPOSITION OF GROSS RENTAL RECEIPTS TAX BY

42-16                               MUNICIPALITY

42-17          Sec. 326.101.  TAX AUTHORIZED.  (a)  A municipality by

42-18    ordinance may impose a tax on the gross rental receipts from the

42-19    rental in the municipality of a motor vehicle.

42-20          (b)  A municipality by ordinance may repeal or decrease the

42-21    rate of a tax imposed under Subsection (a).

42-22          (c)  A municipality may impose a tax under this chapter only

42-23    if the tax is approved at an election held under Section 326.102.

42-24          Sec. 326.102.  ELECTION.  (a)  An election under this chapter

42-25    is called by the adoption of a resolution by the governing body of

 43-1    a municipality.

 43-2          (b)  The governing body may call the election by a majority

 43-3    vote of its members.

 43-4          (c)  The ballot at the election held under this section must

 43-5    be printed to permit voting for or against the proposition:

 43-6          "Authorizing ________ (insert name of municipality) to

 43-7    establish an auto rental tax fund and to impose a tax on the gross

 43-8    rental receipts from the rental of a motor vehicle at the rate of

 43-9    _________ (insert the maximum rate of the tax) for the purpose of

43-10    financing athletic events."

43-11          (d)  The Election Code governs an election held under this

43-12    chapter, except that the uniform election date provisions of

43-13    Section 41.001(a), Election Code, do not apply to an election

43-14    ordered under this section.

43-15          Sec. 326.103.  SHORT-TERM RENTAL TAX.  (a)  The tax

43-16    authorized by this chapter is imposed at a rate in increments of

43-17    one-eighth of one percent, not to exceed 10 percent, on the gross

43-18    rental receipts from the rental in the municipality of a motor

43-19    vehicle.

43-20          (b)  The ballot proposition at the election held to adopt the

43-21    tax must specify the maximum rate of the tax to be adopted.

43-22          Sec. 326.104.  RATE INCREASE.  (a)  A municipality that has

43-23    adopted a tax under this chapter at a rate of less than 10 percent

43-24    may by ordinance increase the rate of the tax to a maximum of 10

43-25    percent if the increase is approved by a majority of the registered

 44-1    voters of that municipality voting at an election called and held

 44-2    for that purpose.

 44-3          (b)  The ballot for an election to increase the rate of the

 44-4    tax shall be printed to permit voting for or against the

 44-5    proposition:  "The increase of the motor vehicle rental tax for the

 44-6    purpose of financing athletic events to a maximum rate of ________

 44-7    percent (insert new maximum rate not to exceed 10 percent)."

 44-8             (Sections 326.105-326.200 reserved for expansion

 44-9                     SUBCHAPTER C.  USE OF TAX REVENUE

44-10          Sec. 326.201.  AUTO RENTAL TAX FUND.  (a)  A municipality

44-11    shall establish by resolution a fund known as the auto rental tax

44-12    fund.

44-13          (b)  The municipality shall deposit into the auto rental tax

44-14    fund the proceeds of any tax imposed by the municipality under this

44-15    chapter.

44-16          (c)  The municipality may use money in the auto rental tax

44-17    fund only to collect the tax imposed by this chapter and to operate

44-18    one or more athletic events, including but not limited to paying

44-19    the costs of planning, acquiring, establishing, developing,

44-20    advertising, promoting, conducting, sponsoring, or otherwise

44-21    supporting such an event.

44-22             (Sections 326.202-326.300 reserved for expansion

44-23                     SUBCHAPTER D.  COMPUTATION OF TAX

44-24          Sec. 326.301.  COMPUTATION OF TAX.  (a)  The owner of a motor

44-25    vehicle subject to the tax imposed under this chapter shall collect

 45-1    the tax for the benefit of the municipality.

 45-2          (b)  The owner shall add the short-term motor vehicle rental

 45-3    tax imposed by the municipality under this chapter, if applicable,

 45-4    and the gross rental receipts tax imposed by Chapter 152 to the

 45-5    rental charge, and the sum of the taxes is a part of the rental

 45-6    charge, is a debt owed to the motor vehicle owner by the person

 45-7    renting the vehicle, and is recoverable at law in the same manner

 45-8    as the rental charge.

 45-9          Sec. 326.302.  CONSUMMATION OF RENTAL.  A rental of a motor

45-10    vehicle occurs in the municipality in which transfer of possession

45-11    of the motor vehicle occurs.

45-12          Sec. 326.303.  SHORT-TERM TAX INAPPLICABLE WHEN NO STATE TAX.

45-13    The tax authorized by this chapter does not apply to the gross

45-14    receipts from the rental of a motor vehicle unless the tax imposed

45-15    by Chapter 152 also applies to the rental.

45-16          Sec. 326.304.  STATE EXEMPTIONS APPLICABLE.  The exemptions

45-17    provided by Subchapter E, Chapter 152, apply to the tax authorized

45-18    by this chapter.

45-19          Sec. 326.305.  GROSS RECEIPTS PRESUMED SUBJECT TO TAX.  All

45-20    gross receipts of an owner of a motor vehicle from the rental of

45-21    the motor vehicle are presumed to be subject to the tax imposed by

45-22    this chapter, except for gross receipts for which the owner has

45-23    accepted in good faith a properly completed exemption certificate.

 46-1             (Sections 326.306-326.400 reserved for expansion

 46-2                   SUBCHAPTER E.  ADMINISTRATION OF TAX

 46-3          Sec. 326.401.  RECORDS.  (a)  The owner of a motor vehicle

 46-4    used for rental purposes shall keep for four years records and

 46-5    supporting documents containing the amount of the:

 46-6                (1)  gross rental receipts received from the rental of

 46-7    the motor vehicle; and

 46-8                (2)  tax imposed under this chapter and paid to the

 46-9    municipality on each motor vehicle used for rental purposes by the

46-10    owner.

46-11          (b)  Mileage records are not required.

46-12          Sec. 326.402.  FAILURE TO KEEP RECORDS.  (a)  An owner of a

46-13    motor vehicle commits an offense if the owner fails to make and

46-14    retain complete records for the four-year period required by

46-15    Section 326.401.

46-16          (b)  An offense under this section is a misdemeanor

46-17    punishable by a fine of not less than $25 or more than $500.

46-18          Sec. 326.403.  EFFECTIVE DATE OF TAX.  A tax imposed under

46-19    this chapter or a change in the tax rate takes effect on the date

46-20    prescribed by the ordinance imposing the tax or changing the rate.

46-21          Sec. 326.404.  TAX COLLECTION; PENALTY.  (a)  The owner of a

46-22    motor vehicle required to collect the tax imposed under this

46-23    chapter shall report and send the taxes collected to the

46-24    municipality as provided by the ordinance imposing the tax.

46-25          (b)  A municipality by ordinance may prescribe penalties,

 47-1    including interest charges, for failure to keep records required by

 47-2    the municipality, to report when required, or to pay the tax when

 47-3    due.

 47-4          (c)  The attorney acting for the municipality may bring suit

 47-5    against a person who fails to collect a tax under this chapter and

 47-6    to pay it over to the municipality as required.

 47-7          Sec. 326.405.  COLLECTION PROCEDURES ON PURCHASE OF MOTOR

 47-8    VEHICLE RENTAL BUSINESS.  (a)  If the owner of a motor vehicle

 47-9    rental business that makes rentals subject to the tax imposed by

47-10    this chapter sells the business, the successor to the seller or the

47-11    seller's assignee shall withhold an amount of the purchase price

47-12    sufficient to pay the amount of tax due until the seller provides a

47-13    receipt by a person designated by the municipality to provide the

47-14    receipt showing that the amount has been paid or a certificate

47-15    showing that no tax is due.

47-16          (b)  The purchaser of a motor vehicle rental business who

47-17    fails to withhold an amount of the purchase price as required by

47-18    this section is liable for the amount required to be withheld to

47-19    the extent of the value of the purchase price.

47-20          (c)  The purchaser of a motor vehicle rental business may

47-21    request that the person designated by the municipality to provide a

47-22    receipt under Subsection (a) issue a certificate stating that no

47-23    tax is due or issue a statement of the amount required to be paid

47-24    before a certificate may be issued.  The person designated by the

47-25    municipality shall issue the certificate or statement not later

 48-1    than the 60th day after the date the person receives the request.

 48-2          (d)  If the person designated by the municipality to provide

 48-3    a receipt under Subsection (a) fails to issue the certificate or

 48-4    statement within the period provided by Subsection (c), the

 48-5    purchaser is released from the obligation to withhold the purchase

 48-6    price or pay the amount due.

 48-7          Sec. 326.406.  REIMBURSEMENT FOR TAX COLLECTION EXPENSES.

 48-8    (a)  A municipality by ordinance or a county by order may permit a

 48-9    person who is required to collect a tax under this subchapter to

48-10    retain a percentage of the amount collected and required to be

48-11    reported as reimbursement to the person for the costs of collecting

48-12    the tax.

48-13          (b)  A municipality or county may provide that the person may

48-14    retain the amount authorized by Subsection (a) only if the person

48-15    pays the tax and files reports as required by the municipality or

48-16    county.

48-17          SECTION 3.  The importance of this legislation and the

48-18    crowded condition of the calendars in both houses create an

48-19    emergency and an imperative public necessity that the

48-20    constitutional rule requiring bills to be read on three several

48-21    days in each house be suspended, and this rule is hereby suspended,

48-22    and that this Act take effect and be in force from and after its

48-23    passage, and it is so enacted.