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

      75R1686 CBH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

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

 1-3     infrastructure in certain municipalities or counties; authorizing

 1-4     the imposition of certain local taxes and the issuance of local

 1-5     bonds; providing penalties.

 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-7           SECTION 1.  Subtitle C, Title 10, Local Government Code, is

 1-8     amended by adding Chapters 334 and 335 to read as follows:

 1-9                       CHAPTER 334.  COMMUNITY VENUES

1-10                      SUBCHAPTER A.  GENERAL PROVISIONS

1-11           Sec. 334.001.  DEFINITIONS.  In this chapter:

1-12                 (1)  "Approved community venue project" means a

1-13     community venue project that has been approved under this chapter

1-14     by the voters of a municipality or county.

1-15                 (2)  "Governing body" means the governing body of a

1-16     municipality or the commissioners court of a county.

1-17                 (3)  "Related infrastructure" means any store,

1-18     restaurant, concession, automobile parking facility, area

1-19     transportation facility, road, street, or water or sewer facility,

1-20     or other on-site or off-site improvement that relates to and

1-21     enhances the use, value, or appeal of a community venue and any

1-22     other expenditure reasonably necessary to construct, improve,

1-23     renovate, or expand a community venue.

1-24                 (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, promotional

 2-3     events, including rodeos, livestock shows, agricultural

 2-4     expositions, and other civic, charitable, or promotional events, is

 2-5     charged or is planned to be 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.  This chapter applies

2-10     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           Sec. 334.003.  APPLICATION TO COMMUNITY VENUE CONSTRUCTED

2-16     UNDER OTHER LAW.  A county or municipality may use this chapter for

2-17     a community venue project relating to a community venue and related

2-18     infrastructure planned, acquired, established, developed,

2-19     constructed, or renovated under other law, including Section 4B,

2-20     Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas

2-21     Civil Statutes), or Subchapter E, Chapter 451, Transportation Code.

2-22           Sec. 334.004.  OTHER USES OF COMMUNITY VENUE PERMITTED.  This

2-23     chapter does not prohibit the use of a community venue for an event

2-24     that is not related to sports or athletics, such as a

2-25     community-related event, including a rodeo, livestock show,

2-26     agricultural exposition, public school event, or other promotional

2-27     or entertainment event.

 3-1              (Sections 334.005-334.020 reserved for expansion

 3-2                   SUBCHAPTER B.  COMMUNITY 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 community 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 community venue

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

3-15     that the municipality or county wants to use to finance the

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

3-17     financing.

3-18           Sec. 334.022.  STATE FISCAL IMPACT ANALYSIS.  (a)  Before

3-19     calling an election on the resolution under Section 334.024, the

3-20     municipality or county shall send a copy of the resolution to the

3-21     comptroller.

3-22           (b)  Before the 15th day after the date the comptroller

3-23     receives the copy of the resolution, the comptroller shall:

3-24                 (1)  perform an analysis to determine if approval and

3-25     implementation of the resolution will have a negative fiscal impact

3-26     on state revenue; and

3-27                 (2)  provide to the municipality or county written

 4-1     notice of the results of the analysis.

 4-2           (c)  If the comptroller does not complete the analysis and

 4-3     provide the notice before the 15th day after the date the

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

 4-5     considered to have determined that approval and implementation of

 4-6     the resolution will not have a negative fiscal impact on state

 4-7     revenue.

 4-8           Sec. 334.023.  APPEAL OF COMPTROLLER DETERMINATION.  (a)  If

 4-9     the comptroller determines under Section 334.022 that

4-10     implementation of the resolution will have a negative fiscal impact

4-11     on state revenue, the municipality or county may:

4-12                 (1)  contest the finding by filing an appeal with the

4-13     comptroller not later than the 10th day after the date the

4-14     municipality or county receives the written notice under Section

4-15     334.022; or

4-16                 (2)  ask the comptroller to provide information on how

4-17     to change the resolution so that implementation will not have a

4-18     negative fiscal impact on state revenue.

4-19           (b)  Before the 11th day after the date the comptroller

4-20     receives the appeal or request for information under Subsection

4-21     (a),  the comptroller shall, as appropriate:

4-22                 (1)  perform a new analysis to determine if

4-23     implementation of the resolution will have a negative fiscal impact

4-24     on state revenue and  provide to the municipality or county written

4-25     notice of the results of the analysis; or

4-26                 (2)  provide to the municipality or county written

4-27     information on how to change the resolution so that implementation

 5-1     will not have a negative fiscal impact on state revenue.

 5-2           (c)  If the comptroller determines that implementation will

 5-3     have a negative fiscal impact on state revenue, the written

 5-4     analysis required under Subsection (b)(1) must include  information

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

 5-6     have a negative fiscal impact on state revenue.

 5-7           (d)  If the comptroller does not comply with Subsection (b)

 5-8     before the 11th day after the date the comptroller receives the

 5-9     appeal or request for information, the comptroller is considered to

5-10     have determined that approval and implementation of the resolution

5-11     will not have a negative fiscal impact on state revenue.

5-12           Sec. 334.024.  ELECTION.  (a)  If the comptroller determines

5-13     under Section 334.022 or 334.023 that the implementation of the

5-14     resolution will not have a negative fiscal impact on state revenue,

5-15     the governing body of the municipality or county may order an

5-16     election on the question of approving and implementing the

5-17     resolution.

5-18           (b)  The order calling the election must:

5-19                 (1)  allow the voters to vote separately on each

5-20     community venue project;

5-21                 (2)  designate the community venue project;

5-22                 (3)  designate each method of financing authorized by

5-23     this chapter that the municipality or county wants to use to

5-24     finance the project and the maximum rate of each method; and

5-25                 (4)  allow the voters to vote, in the same proposition

5-26     or in separate propositions, on each method of financing authorized

5-27     by this chapter that the municipality or county wants to use to

 6-1     finance the project and the maximum rate of each method.

 6-2           (c)  The order calling the election may also allow the voters

 6-3     to vote, in the same proposition or in separate propositions, on

 6-4     one or more other unrelated projects proposed by the municipality

 6-5     or county, including a project authorized by Section 4A or 4B,

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

 6-7     Civil Statutes), or a water, road, or sewer project.

 6-8           (d)  The ballot at the election held under this section must

 6-9     be printed to permit voting for or against the proposition:

6-10     "Authorizing ________ (insert name of municipality or county) to

6-11     _______ (insert description of community venue project) and to

6-12     impose a ________ tax at the rate of ________ (insert the type of

6-13     tax and the maximum rate of the tax) for the purpose of financing

6-14     the community venue project."

6-15           (e)  If more than one method of financing is to be voted on

6-16     in one proposition, the ballot must be printed to permit voting for

6-17     or against the proposition:  "Authorizing ________ (insert name of

6-18     municipality or county) to ________ (insert description of

6-19     community venue project) and to impose a ________ tax at the rate

6-20     of _______ (insert each type of tax and the maximum rate of each

6-21     tax) for the purpose of financing the community venue project."

6-22           (f)  If a community venue project and one or more unrelated

6-23     projects are to be voted on in the same proposition in accordance

6-24     with Subsection (c), the applicable ballot language required by

6-25     Subsection (d) or (e) must be modified as necessary to allow for a

6-26     vote on all the projects.

6-27           (g)  The Election Code governs an election held under this

 7-1     chapter, except that the uniform election date provisions of

 7-2     Section 41.001(a), Election Code, do not apply to an election

 7-3     ordered under this section.

 7-4              (Sections 334.025-334.040 reserved for expansion

 7-5                      SUBCHAPTER C.  POWERS AND DUTIES

 7-6           Sec. 334.041.  GENERAL POWERS.  (a)  A municipality or county

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

 7-8     municipality's or county's powers under this chapter.

 7-9           (b)  A municipality or county may acquire, sell, lease,

7-10     convey, or otherwise dispose of property or an interest in

7-11     property, including an approved community venue project, under

7-12     terms and conditions determined by the municipality or county.

7-13           (c)  A municipality or county may contract with a public or

7-14     private person, including a sports team, club, organization, or

7-15     other entity to:

7-16                 (1)  plan, acquire, establish, develop, construct, or

7-17     renovate an approved community venue project; or

7-18                 (2)  perform any other act the municipality or county

7-19     is authorized to perform under this chapter.

7-20           (d)  If a municipality or county contracts with a sports team

7-21     or club for the construction, renovation, or operation of an

7-22     approved community venue project, the municipality or county is not

7-23     a party to a subsequent contract between the team or club and

7-24     another person relating to the project.  The competitive bidding

7-25     laws, including Chapter 271, do not apply to a contract between a

7-26     team or club and another person under this subsection.

7-27           Sec. 334.042.  COMMUNITY VENUE PROJECT FUND.  (a)  A

 8-1     municipality or county in which an approved community venue project

 8-2     is located shall establish by resolution a fund known as the

 8-3     community venue project fund.

 8-4           (b)  The municipality or county shall deposit into the

 8-5     community venue project fund:

 8-6                 (1)  the proceeds of any tax imposed by the

 8-7     municipality or county under this chapter;

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

 8-9     obligations by the municipality or county under this chapter; and

8-10                 (3)  any other money required by law to be deposited in

8-11     the fund.

8-12           (c)  The municipality or county may deposit into the

8-13     community venue project fund:

8-14                 (1)  money derived from innovative funding concepts

8-15     such as the sale or lease of luxury boxes or the sale of licenses

8-16     for personal seats; and

8-17                 (2)  any other revenue derived from the approved

8-18     community venue project, including stadium rental payments and

8-19     revenue from concessions and parking.

8-20           (d)  The municipality or county may use money in the

8-21     community venue project fund only to:

8-22                 (1)  pay the costs of planning, acquiring,

8-23     establishing, developing, constructing, or renovating one or more

8-24     approved community venue projects in the municipality or county;

8-25                 (2)  pay the principal of, interest on, and other costs

8-26     relating to bonds or other obligations issued by the municipality

8-27     or county or to refund bonds, notes, or other obligations; or

 9-1                 (3)  pay the costs of operating or maintaining one or

 9-2     more approved community venue projects during the planning,

 9-3     acquisition, establishment, development, construction, or

 9-4     renovation or while bonds, notes, or other obligations for the

 9-5     planning, acquisition, establishment, development, construction, or

 9-6     renovation are outstanding.

 9-7           (e)  Money deposited into the community venue project fund,

 9-8     including money deposited under Subsection (c), is the property of

 9-9     the municipality or county depositing the money.

9-10           Sec. 334.043.  BONDS AND OTHER OBLIGATIONS.  (a)  A

9-11     municipality or county in which an approved community venue project

9-12     is located may issue bonds, including revenue bonds and refunding

9-13     bonds,  or other obligations to pay the costs of the approved

9-14     community venue project.

9-15           (b)  The bonds or other obligations and the proceedings

9-16     authorizing the bonds or other obligations shall be submitted to

9-17     the attorney general for review and approval as required by Article

9-18     3, Chapter 53, Acts of the 70th Legislature, 2nd Called Session,

9-19     1987 (Article 717k-8, Vernon's Texas Civil Statutes).

9-20           (c)  The bonds or other obligations must be payable from and

9-21     secured by the revenue in the community venue project fund.

9-22           (d)  The bonds or other obligations may mature serially or

9-23     otherwise not more than 30 years from their date of issuance.

9-24           (e)  The bonds or other obligations are not a debt of and do

9-25     not create a claim for payment against the revenue or property of

9-26     the municipality or county other than an approved community venue

9-27     project for which the bonds are issued.

 10-1          Sec. 334.044.  PUBLIC PURPOSE OF PROJECT.  (a)  The

 10-2    legislature finds for all constitutional and statutory purposes

 10-3    that an approved community venue project is owned, used, and held

 10-4    for public purposes by the municipality or county.

 10-5          (b)  Section 25.07(a), Tax Code, does not apply to a

 10-6    leasehold or other possessory interest granted by the municipality

 10-7    or county while the municipality or county owns the project.

 10-8          (c)  The project is exempt from taxation under Section 11.11,

 10-9    Tax Code, while the municipality or county owns the project.

10-10             (Sections 334.045-334.100 reserved for expansion

10-11            SUBCHAPTER D.  SHORT-TERM MOTOR VEHICLE RENTAL TAX

10-12          Sec. 334.101.  DEFINITIONS.  (a)  In this subchapter:

10-13                (1)  "Motor vehicle" means a self-propelled vehicle

10-14    designed principally to transport persons or property on a public

10-15    roadway and includes a passenger car, van, station wagon, sport

10-16    utility vehicle, and truck.  The term does not include a:

10-17                      (A)  trailer, semitrailer, house trailer, truck

10-18    having a manufacturer's rating of more than one-half ton, or

10-19    road-building machine;

10-20                      (B)  device moved only by human power;

10-21                      (C)  device used exclusively on stationary rails

10-22    or tracks;

10-23                      (D)  farm machine; or

10-24                      (E)  mobile office.

10-25                (2)  "Place of business of the owner" means an

10-26    established outlet, office, or location operated by the owner of a

10-27    motor vehicle or the owner's agent or employee for the purpose of

 11-1    renting motor vehicles and includes any location at which three or

 11-2    more rentals are made during a year.

 11-3                (3)  "Rental" means an agreement by the owner of a

 11-4    motor vehicle to authorize for not longer than 30 days the

 11-5    exclusive use of that vehicle to another for consideration.

 11-6          (b)  Except as provided by Subsection (a), words used in this

 11-7    subchapter and defined by Chapter 152, Tax Code, have the meanings

 11-8    assigned by Chapter 152, Tax Code.

 11-9          Sec. 334.102.  TAX AUTHORIZED.  (a)  A municipality by

11-10    ordinance or a county by order may impose a tax on the gross rental

11-11    receipts from the rental in the municipality or county of a motor

11-12    vehicle.

11-13          (b)  A municipality by ordinance or a county by order may

11-14    repeal or decrease the rate of a tax imposed under Subsection (a).

11-15          (c)  A municipality or county may impose a tax under this

11-16    subchapter only if:

11-17                (1)  an approved community venue project is or is

11-18    planned to be located in the municipality or county; and

11-19                (2)  the tax is approved at an election held under

11-20    Section 334.024.

11-21          Sec. 334.103.  SHORT-TERM RENTAL TAX.  (a)  The tax

11-22    authorized by this subchapter is imposed at a rate in increments of

11-23    one-eighth of one percent, not to exceed 10 percent, on the gross

11-24    rental receipts from the rental in the municipality or county of a

11-25    motor vehicle.

11-26          (b)  The ballot proposition at the election held to adopt the

11-27    tax must specify the maximum rate of the tax to be adopted.

 12-1          Sec. 334.104.  RATE INCREASE.  (a)  A municipality or county

 12-2    that has adopted a tax under this subchapter at a rate of less than

 12-3    10 percent may by ordinance or order increase the rate of the tax

 12-4    to a maximum of 10 percent if the increase is approved by a

 12-5    majority of the registered voters of that municipality or county

 12-6    voting at an election called and held for that purpose.

 12-7          (b)  The ballot for an election to increase the rate of the

 12-8    tax shall be printed to permit voting for or against the

 12-9    proposition:  "The increase of the motor vehicle rental tax for the

12-10    purpose of financing _____ (insert description of community venue

12-11    project) to a maximum rate of _______ percent (insert new maximum

12-12    rate not to exceed 10 percent)."

12-13          Sec. 334.105.  COMPUTATION OF TAX.  (a)  The owner of a motor

12-14    vehicle subject to the tax imposed under this subchapter shall

12-15    collect the tax for the benefit of the municipality or county.

12-16          (b)  The owner shall add the short-term motor vehicle rental

12-17    tax imposed by the municipality or county under this subchapter, if

12-18    applicable, and the gross rental receipts tax imposed by Chapter

12-19    152, Tax Code, to the rental charge, and the sum of the taxes is a

12-20    part of the rental charge, is a debt owed to the motor vehicle

12-21    owner by the person renting the vehicle, and is recoverable at law

12-22    in the same manner as the rental charge.

12-23          Sec. 334.106.  CONSUMMATION OF RENTAL.  A rental of a motor

12-24    vehicle occurs in the municipality or county in which transfer of

12-25    possession of the motor vehicle occurs.

12-26          Sec. 334.107.  SHORT-TERM TAX INAPPLICABLE WHEN NO STATE TAX.

12-27    The tax authorized by this subchapter does not apply to the gross

 13-1    receipts from the rental of a motor vehicle unless the tax imposed

 13-2    by Chapter 152, Tax Code, also applies to the rental.

 13-3          Sec. 334.108.  EXEMPTIONS APPLICABLE.  The exemptions

 13-4    provided by Subchapter E, Chapter 152, Tax Code, apply to the tax

 13-5    authorized by this subchapter.

 13-6          Sec. 334.109.  NOTICE OF TAX.  Each bill or other receipt for

 13-7    a rental subject to the tax imposed under this subchapter must

 13-8    contain a statement in a conspicuous location stating:  "_______

 13-9    (insert name of taxing municipality or county) requires that an

13-10    additional tax of ____ percent (insert rate of tax) be imposed on

13-11    each motor vehicle rental for the purpose of financing a community

13-12    venue project."

13-13          Sec. 334.110.  GROSS RECEIPTS PRESUMED SUBJECT TO TAX.  All

13-14    gross receipts of an owner of a motor vehicle from the rental of

13-15    the motor vehicle are presumed to be subject to the tax imposed by

13-16    this subchapter, except for gross receipts for which the owner has

13-17    accepted in good faith a properly completed exemption certificate.

13-18          Sec. 334.111.  RECORDS.  (a)  The owner of a motor vehicle

13-19    used for rental purposes shall keep for four years records and

13-20    supporting documents containing the following information on the

13-21    amount of:

13-22                (1)  gross rental receipts received from the rental of

13-23    the motor vehicle; and

13-24                (2)  the tax imposed under this subchapter and paid to

13-25    the municipality or county on each motor vehicle used for rental

13-26    purposes by the owner.

13-27          (b)  Mileage records are not required.

 14-1          Sec. 334.112.  FAILURE TO KEEP RECORDS.  (a)  An owner of a

 14-2    motor vehicle commits an offense if the owner fails to make and

 14-3    retain complete records for the four-year period required by

 14-4    Section 334.111.

 14-5          (b)  An offense under this section is a misdemeanor

 14-6    punishable by a fine of not less than $25 or more than $500.

 14-7          Sec. 334.113.  EFFECTIVE DATE AND ENDING DATE OF TAX.  (a)  A

 14-8    tax imposed under this subchapter or a change in the tax rate takes

 14-9    effect on the date prescribed by the ordinance or order imposing

14-10    the tax or changing the rate.

14-11          (b)  A municipality or county may impose a tax under this

14-12    subchapter only if the municipality or county issues bonds or other

14-13    obligations under Section 334.043.  The municipality or county may

14-14    impose the tax only while those bonds or other obligations are

14-15    outstanding and unpaid.

14-16          Sec. 334.114.  TAX COLLECTION; PENALTY.  (a)  The owner of a

14-17    motor vehicle required to collect the tax imposed under this

14-18    subchapter shall report and send the taxes collected to the

14-19    municipality or county as provided by the ordinance or order

14-20    imposing the tax.

14-21          (b)  A municipality by ordinance or a county by order may

14-22    prescribe penalties, including interest charges, for failure to

14-23    keep records required by the municipality or county, to report when

14-24    required, or to pay the tax when due.

14-25          (c)  The attorney acting for the municipality or county may

14-26    bring suit against a person who fails to collect a tax under this

14-27    subchapter and to pay it over to the municipality or county as

 15-1    required.

 15-2          Sec. 334.115.  COLLECTION PROCEDURES ON PURCHASE OF MOTOR

 15-3    VEHICLE RENTAL BUSINESS.  (a)  If the owner of a motor vehicle

 15-4    rental business that makes rentals subject to the tax imposed by

 15-5    this subchapter sells the business, the successor to the seller or

 15-6    the seller's assignee shall withhold an amount of the purchase

 15-7    price sufficient to pay the amount of tax due until the seller

 15-8    provides a receipt by a person designated by the municipality or

 15-9    county to provide the receipt showing that the amount has been paid

15-10    or a certificate showing that no tax is due.

15-11          (b)  The purchaser of a motor vehicle rental business who

15-12    fails to withhold an amount of the purchase price as required by

15-13    this section is liable for the amount required to be withheld to

15-14    the extent of the value of the purchase price.

15-15          (c)  The purchaser of a motor vehicle rental business may

15-16    request that the person designated by the municipality or county to

15-17    provide a receipt under Subsection (a) issue a certificate stating

15-18    that no tax is due or issue a statement of the amount required to

15-19    be paid before a certificate may be issued.  The person designated

15-20    by the municipality or county shall issue the certificate or

15-21    statement not later than the 60th day after the date the person

15-22    receives the request.

15-23          (d)  If the person designated by the municipality or county

15-24    to provide a receipt under Subsection (a) fails to issue the

15-25    certificate or statement within the period provided by Subsection

15-26    (c), the purchaser is released from the obligation to withhold the

15-27    purchase price or pay the amount due.

 16-1          Sec. 334.116.  REIMBURSEMENT FOR TAX COLLECTION EXPENSES.

 16-2    (a)  A municipality by ordinance or a county by order may permit a

 16-3    person who is required to collect a tax under this subchapter to

 16-4    retain a percentage of the amount collected and required to be

 16-5    reported as reimbursement to the person for the costs of collecting

 16-6    the tax.

 16-7          (b)  A municipality or county may provide that the person may

 16-8    retain the amount authorized by Subsection (a) only if the person

 16-9    pays the tax and files reports as required by the municipality or

16-10    county.

16-11          Sec. 334.117.  DEPOSIT OF TAX REVENUE.  Revenue from the tax

16-12    imposed under this subchapter shall be deposited in the community

16-13    venue project fund of the municipality or county imposing the tax.

16-14             (Sections 334.118-334.150 reserved for expansion

16-15                       SUBCHAPTER E.  ADMISSIONS TAX

16-16          Sec. 334.151.  TAX AUTHORIZED.  (a)  A municipality by

16-17    ordinance or a county by order may impose a tax on each person

16-18    admitted to an event at an approved community venue project in the

16-19    municipality or county for which the municipality or county has

16-20    issued bonds to plan, acquire, establish, develop, construct, or

16-21    renovate the approved community venue project.

16-22          (b)  The municipality or county may not impose the tax under

16-23    this subchapter for admission to an event at a community venue that

16-24    is not an approved community venue project or for which the

16-25    municipality or county has not issued bonds to plan, acquire,

16-26    establish, develop, construct, or renovate the approved community

16-27    venue project.

 17-1          (c)  A municipality or county may impose a tax under this

 17-2    subchapter only if:

 17-3                (1)  an approved community venue project is or will be

 17-4    located in the municipality or county; and

 17-5                (2)  the tax is approved at an election held under

 17-6    Section 334.024.

 17-7          Sec. 334.152.  TAX RATE.  (a)  The tax authorized by this

 17-8    subchapter is imposed at the tax rate on each person admitted.

 17-9          (b)  The amount of the tax may be imposed at any uniform

17-10    monetary amount not to exceed $1.  The tax may not be imposed at a

17-11    percentage rate.

17-12          (c)  The ballot proposition at the election held to adopt the

17-13    tax must specify the maximum rate of the tax to be adopted.

17-14          (d)  The municipality by ordinance or the county by order may

17-15    repeal or decrease the rate of the tax imposed under this

17-16    subchapter.

17-17          Sec. 334.153.  RATE INCREASE.  (a)  A municipality or county

17-18    that has adopted a tax under this subchapter  at the rate of less

17-19    than $1 a person may by ordinance or order increase the rate of the

17-20    tax to a maximum of $1 a person if the increase is approved by a

17-21    majority of the registered voters of that municipality or county

17-22    voting at an election called and held for that purpose.

17-23          (b)  The ballot for an election to increase the rate of the

17-24    tax shall be printed to permit voting for or against the

17-25    proposition:  "The increase of the admissions tax for the purpose

17-26    of financing _______ (insert description of community venue

17-27    project) to a maximum rate of ________ a day (insert new maximum

 18-1    rate not to exceed $1)."

 18-2          Sec. 334.154.  COLLECTION.  (a)  The municipality by

 18-3    ordinance or the county by order may require the owner or lessee of

 18-4    an approved community venue project in the municipality or county

 18-5    to collect the tax for the benefit of the municipality or county.

 18-6          (b)  An owner or lessee required to collect the tax under

 18-7    this section shall add the tax to the admissions price, and the tax

 18-8    is a part of the admissions price, is a debt owed to the owner or

 18-9    lessee of the approved community venue project by the person

18-10    admitted, and is recoverable at law in the same manner as the

18-11    admissions charge.

18-12          (c)  The tax imposed by this subchapter is not an occupation

18-13    tax imposed on the owner or lessee of the approved community venue

18-14    project.

18-15          Sec. 334.155.  EFFECTIVE DATE AND ENDING DATE OF TAX.  (a)  A

18-16    tax imposed under this subchapter or a change in a tax rate takes

18-17    effect on the date prescribed by the ordinance or order imposing

18-18    the tax or changing the rate.

18-19          (b)  A municipality or county may impose a tax under this

18-20    subchapter only if the municipality or county issues bonds or other

18-21    obligations under Section 334.043.  The municipality or county may

18-22    impose the tax only while those bonds or other obligations are

18-23    outstanding and unpaid.

18-24          Sec. 334.156.  COLLECTION OF TAX.  (a)  A person required to

18-25    collect a tax imposed under this subchapter shall report and send

18-26    the taxes collected to the municipality or county as provided by

18-27    the municipality or county imposing the tax.

 19-1          (b)  A municipality by ordinance or a county by order may

 19-2    prescribe penalties, including interest charges, for failure to

 19-3    keep records required by the municipality or county, to report when

 19-4    required, or to pay the tax when due.  The attorney acting for the

 19-5    municipality or county may bring suit against a person who fails to

 19-6    collect a tax under this subchapter and to pay it over to the

 19-7    municipality or county as required.

 19-8          (c)  A municipality by ordinance or a county by order may

 19-9    permit a person who is required to collect a tax under this

19-10    subchapter to retain a percentage of the amount collected and

19-11    required to be reported as reimbursement to the person for the

19-12    costs of collecting the tax.  The municipality or county may

19-13    provide that the person may retain the amount only if the person

19-14    pays the tax and files reports as required by the municipality or

19-15    county.

19-16          Sec. 334.157.  DEPOSIT OF TAX REVENUE.  Revenue from the tax

19-17    imposed under this subchapter shall be deposited in the community

19-18    venue project fund of the municipality or county imposing the tax.

19-19             (Sections 334.158-334.200 reserved for expansion

19-20                        SUBCHAPTER F.  PARKING TAX

19-21          Sec. 334.201.  EVENT PARKING TAX.  (a)  A municipality by

19-22    ordinance or a county by order may impose a tax on each motor

19-23    vehicle parking in a parking facility of an approved community

19-24    venue project.

19-25          (b)  The municipality or county may impose the tax during a

19-26    period beginning not more than three hours before and ending not

19-27    more than three hours after the time an event in an approved

 20-1    community venue project is scheduled to begin.  The municipality or

 20-2    county may not impose the tax under this subchapter during any

 20-3    other time.

 20-4          (c)  A municipality or county may impose a tax under this

 20-5    subchapter only if the tax is approved at an election held under

 20-6    Section 334.024.

 20-7          Sec. 334.202.  TAX RATE.  (a)  The municipality by ordinance

 20-8    or the county by order may provide that the tax is imposed at a

 20-9    flat amount on each parked motor vehicle or is imposed as a

20-10    percentage of the amount charged for event parking by the owner of

20-11    the parking facility.

20-12          (b)  Regardless of the method of imposition, the amount of

20-13    the tax may not exceed 50 cents for each motor vehicle.

20-14          (c)  The ballot proposition at the election held to adopt the

20-15    tax must specify the maximum rate of the tax to be adopted.

20-16          (d)  The municipality by ordinance or the county by order may

20-17    repeal or decrease the rate of the tax imposed under this section.

20-18          Sec. 334.203.  RATE INCREASE.  (a)  A municipality or county

20-19    that has adopted a tax under this subchapter at a rate of less than

20-20    50 cents a vehicle may by ordinance or order increase the rate of

20-21    the tax to a maximum of 50 cents a vehicle if the increase is

20-22    approved by a majority of the registered voters of that

20-23    municipality or county voting at an election called and held for

20-24    that purpose.

20-25          (b)  The ballot for an election to increase the rate of the

20-26    tax shall be printed to permit voting for or against the

20-27    proposition:  "The increase of the parking tax for the purpose of

 21-1    financing _______ (insert description of community venue project)

 21-2    to a maximum rate of _______ (insert new maximum rate not to exceed

 21-3    50 cents)."

 21-4          Sec. 334.204.  COLLECTION.  (a)  The municipality by

 21-5    ordinance or the county by order may require the owner or lessee of

 21-6    a parking facility to collect the tax for the benefit of the

 21-7    municipality or county.

 21-8          (b)  An owner or lessee required to collect the tax under

 21-9    this section shall add the tax to the parking charge, and the tax

21-10    is a part of the parking charge, is a debt owed to the parking

21-11    facility owner or lessee by the person parking, and is recoverable

21-12    at law in the same manner as the parking charge.

21-13          (c)  The tax imposed by this subchapter is not an occupation

21-14    tax imposed on the owner or lessee of the parking facility.

21-15          Sec. 334.205.  EFFECTIVE DATE AND ENDING DATE OF TAX.  (a)  A

21-16    tax imposed under this subchapter or a change in the tax rate takes

21-17    effect on the date prescribed by the ordinance or order imposing

21-18    the tax or changing the rate.

21-19          (b)  A municipality or county may impose a tax under this

21-20    subchapter only if the municipality or county issues bonds or other

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

21-22    impose the tax only while those bonds or other obligations are

21-23    outstanding and unpaid.

21-24          Sec. 334.206.  COLLECTION OF TAX.  (a)  A person required to

21-25    collect a tax imposed under this subchapter shall report and send

21-26    the taxes collected to the municipality or county as provided by

21-27    the municipality or county imposing the tax.

 22-1          (b)  A municipality by ordinance or a county by order may

 22-2    prescribe penalties, including interest charges, for failure to

 22-3    keep records required by the municipality or county, to report when

 22-4    required, or to pay the tax when due.  The attorney acting for the

 22-5    municipality or county may bring suit against a person who fails to

 22-6    collect a tax under this subchapter and to pay it over to the

 22-7    municipality or county as required.

 22-8          (c)  A municipality by ordinance or a county by order may

 22-9    permit a person who is required to collect a tax under this

22-10    subchapter to retain a percentage of the amount collected and

22-11    required to be reported as reimbursement to the person for the

22-12    costs of collecting the tax.  The municipality or county may

22-13    provide that the person may retain the amount only if the person

22-14    pays the tax and files reports as required by the municipality or

22-15    county.

22-16          Sec. 334.207.  DEPOSIT OF TAX REVENUE.  Revenue from the tax

22-17    imposed under this subchapter shall be deposited in the community

22-18    venue project fund of the municipality or county imposing the tax.

22-19                  CHAPTER 335.  COMMUNITY VENUE DISTRICTS

22-20                     SUBCHAPTER A.  GENERAL PROVISIONS

22-21          Sec. 335.001.  DEFINITIONS.  In this chapter:

22-22                (1)  "Approved community venue project" has the meaning

22-23    assigned by Section 334.001, except that the approval of the

22-24    project must occur under this chapter.

22-25                (2)  "Board" means the board of directors of a

22-26    community venue district.

22-27                (3)  "District" means a community venue district

 23-1    created under this chapter.

 23-2                (4)  "Related infrastructure" has the meaning assigned

 23-3    by Section 334.001.

 23-4                (5)  "Community venue" has the meaning assigned by

 23-5    Section 334.001.

 23-6                (6)  "Community venue project" has the meaning assigned

 23-7    by Section 334.001, except that the actions described by that

 23-8    section must occur under this chapter.

 23-9          Sec. 335.002.  APPLICATION OF CHAPTER.  This chapter applies

23-10    only to:

23-11                (1)  a county with a population of less than 1.5

23-12    million;

23-13                (2)  a municipality located in a county described by

23-14    Subdivision (1);

23-15                (3)  a county adjacent to a county described by

23-16    Subdivision (1); and

23-17                (4)  a municipality located in a county described by

23-18    Subdivision (3).

23-19          Sec. 335.003.  APPLICATION TO COMMUNITY VENUE CONSTRUCTED

23-20    UNDER OTHER LAW.  A district may use this chapter for a community

23-21    venue project relating to a community venue and related

23-22    infrastructure planned, acquired, established, developed,

23-23    constructed, or renovated under other law, including Section 4B,

23-24    Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas

23-25    Civil Statutes), or Subchapter E, Chapter 451, Transportation Code.

23-26          Sec. 335.004.  OTHER USES OF COMMUNITY VENUE PERMITTED.  This

23-27    chapter does not prohibit the use of a community venue for an event

 24-1    that is not related to sports or athletics, such as a

 24-2    community-related event, including a rodeo, livestock show,

 24-3    agricultural exposition, public school event, or other promotional

 24-4    or entertainment event.

 24-5             (Sections 335.005-335.020 reserved for expansion

 24-6                  SUBCHAPTER B.  COMMUNITY VENUE DISTRICT

 24-7          Sec. 335.021.  CREATION.  Two or more counties, two or more

 24-8    municipalities, or one or more municipalities and one or more

 24-9    counties may create a community venue district under this chapter

24-10    to plan, acquire, establish,  develop, construct, or renovate one

24-11    or more community venue projects in the district subject to voter

24-12    approval under Subchapter D.

24-13          Sec. 335.022.  ORDER CREATING DISTRICT.  Two or more

24-14    counties, two or more municipalities, or one or more municipalities

24-15    and one or more counties may create a district under this chapter

24-16    by  adopting concurrent orders.  The concurrent orders must:

24-17                (1)  contain identical provisions;

24-18                (2)  define the boundaries of the district to be

24-19    coextensive with each creating political subdivision; and

24-20                (3)  designate the number of directors and the manner

24-21    of appointment in accordance with Section 335.031.

24-22          Sec. 335.023.  POLITICAL SUBDIVISION; OPEN MEETINGS.  (a)  A

24-23    district is a political subdivision of the creating political

24-24    subdivisions and of this state.

24-25          (b)  A district is subject to Chapter 551, Government Code.

24-26             (Sections 335.024-335.030 reserved for expansion)

 25-1                     SUBCHAPTER C.  BOARD OF DIRECTORS

 25-2          Sec. 335.031.  COMPOSITION AND APPOINTMENT OF BOARD.  (a)  A

 25-3    district is governed by a board of  at least four directors.

 25-4          (b)  The board is appointed by the governing body of the

 25-5    political subdivisions that create the district.  Each political

 25-6    subdivision is entitled to an equal number of directors.

 25-7          (c)  Directors serve staggered two-year terms.  A director

 25-8    may be removed by the appointing political subdivision at any time

 25-9    without cause.  Successor directors are appointed in the same

25-10    manner as the original appointees.

25-11          (d)  To qualify to serve as a director, a person must be a

25-12    resident of the appointing political subdivision.  An employee,

25-13    officer, or member of the governing body of the appointing

25-14    political subdivision may serve as a director, but may not have a

25-15    personal interest in a contract executed by the district other than

25-16    as an employee, officer, or member of the governing body of the

25-17    political subdivision.

25-18          Sec. 335.032.  COMPENSATION.  A board member is not entitled

25-19    to compensation,  but is entitled to reimbursement for actual and

25-20    necessary expenses.

25-21          Sec. 335.033.  MEETINGS.  The board shall conduct its

25-22    meetings in the district.

25-23          Sec. 335.034.  OFFICERS.  The board shall designate from the

25-24    members of the board a presiding officer, a secretary, and other

25-25    officers the  board considers  necessary.

25-26             (Sections 335.035-335.050 reserved for expansion

25-27                  SUBCHAPTER D.  COMMUNITY VENUE PROJECTS

 26-1          Sec. 335.051.  RESOLUTION AUTHORIZING PROJECT.  (a)  A

 26-2    district by resolution may provide for the planning, acquisition,

 26-3    establishment, development, construction, or renovation of a

 26-4    community venue project if:

 26-5                (1)  the comptroller determines under Section 335.052

 26-6    or 335.053 that the implementation of the resolution will not have

 26-7    a negative fiscal impact on state revenue; and

 26-8                (2)  the resolution is approved by a majority of the

 26-9    qualified voters of each political subdivision that created the

26-10    district voting at separate elections called and held for that

26-11    purpose under Section 335.054.

26-12          (b)  The resolution must designate the community venue

26-13    project and each method of financing authorized by this chapter

26-14    that the district wants to use to finance the project.  A

26-15    resolution may designate more than one method of financing.

26-16          Sec. 335.052.  STATE FISCAL IMPACT ANALYSIS.  (a) Before

26-17    calling an election on the resolution under Section 335.054, the

26-18    district shall send a copy of the resolution to the comptroller.

26-19          (b)  Before the 15th day after the date the comptroller

26-20    receives the copy of the resolution, the comptroller shall:

26-21                (1)  perform an analysis to determine if approval and

26-22    implementation of the resolution will have a negative fiscal

26-23    impact on state revenue; and

26-24                (2)  provide to the district written notice of the

26-25    results of the analysis.

26-26          (c)  If the comptroller does not complete the analysis and

26-27    provide the notice before the 15th day after the date the

 27-1    comptroller receives the copy of the resolution, the comptroller is

 27-2    considered to have determined that approval and implementation of

 27-3    the resolution will not have a negative fiscal impact on state

 27-4    revenue.

 27-5          Sec. 335.053.  APPEAL OF COMPTROLLER DETERMINATION.  (a)  If

 27-6    the comptroller determines under Section 335.052 that

 27-7    implementation of the resolution will have a negative fiscal impact

 27-8    on state revenue, the district may:

 27-9                (1)  contest the finding by filing an appeal with the

27-10    comptroller not later than the 10th day after the date the district

27-11    receives the written notice under Section 335.052; or

27-12                (2)  ask the comptroller to provide information on how

27-13    to change the resolution so that implementation will not have a

27-14    negative fiscal impact on state revenue.

27-15          (b)  Before the 11th day after the date the comptroller

27-16    receives the appeal or request for information under Subsection

27-17    (a),  the comptroller shall, as appropriate:

27-18                (1)  perform a new analysis to determine if

27-19    implementation of the resolution will have a negative fiscal impact

27-20    on state revenue and provide to the district written notice of the

27-21    results of the analysis; or

27-22                (2)  provide to the district written information on how

27-23    to change the resolution so that implementation will not have a

27-24    negative fiscal impact on state revenue.

27-25          (c)  If the comptroller determines that implementation will

27-26    have a negative fiscal impact on state revenue, the written

27-27    analysis required under Subsection (b)(1) must include information

 28-1    on how to change the resolution so that implementation will not

 28-2    have a negative fiscal impact on state revenue.

 28-3          (d)  If the comptroller does not comply with Subsection (b)

 28-4    before the 11th day after the date the comptroller receives the

 28-5    appeal or request for information, the comptroller is considered to

 28-6    have determined that approval and implementation of the resolution

 28-7    will not have a negative fiscal impact on state revenue.

 28-8          Sec. 335.054.  ELECTION.  (a)  If the comptroller determines

 28-9    under Section 335.052 or 335.053 that implementation of the

28-10    resolution will not have a negative fiscal impact on state revenue,

28-11    the board may order a separate election in each political

28-12    subdivision that created the district on the question of approving

28-13    and implementing the resolution.  The elections shall be held on

28-14    the same day.

28-15          (b)  The order calling the elections must:

28-16                (1)  allow the voters to vote separately on each

28-17    community venue project;

28-18                (2)  designate the community venue project;

28-19                (3)  designate each method of financing authorized by

28-20    this chapter that the district wants to use to finance the project

28-21    and the maximum rate of each method; and

28-22                (4)  allow the voters to vote, in the same proposition

28-23    or in separate propositions, on each method of financing authorized

28-24    by this chapter that the district wants to use to finance the

28-25    project and the maximum rate of each method.

28-26          (c)  The ballot at the elections held under this section must

28-27    be printed to permit voting for or against the proposition:

 29-1    "Authorizing _________  (insert name of district) to __________

 29-2    (insert description of community venue project) and to impose a

 29-3    __________ tax (insert type of tax) at the rate of ________ (insert

 29-4    maximum rate) for the purpose of financing the community venue

 29-5    project."

 29-6          (d)  If more than one method of financing is to be voted on

 29-7    in one proposition, the ballot must be printed to permit voting for

 29-8    or against the proposition:  "Authorizing _________ (insert name of

 29-9    district) to __________ (insert description of community venue

29-10    project) and to impose a __________ tax at the rate of ________

29-11    (insert each type of tax and the maximum rate of each tax) for the

29-12    purpose of financing the community venue project."

29-13          (e)  If a majority of the votes cast at the election in each

29-14    creating political subdivision approves the proposition authorizing

29-15    the project, the district may implement the resolution.  If a

29-16    majority of the votes cast in one or more of the creating political

29-17    subdivisions disapproves the proposition authorizing the project,

29-18    the district may not implement the resolution.  If the project is

29-19    approved, but one or more financing methods contained in separate

29-20    propositions are disapproved, the district may use only the

29-21    approved financing methods.

29-22          (f)  The Election Code governs an election held under this

29-23    chapter, except that the uniform election date provisions of

29-24    Section 41.001(a), Election Code, do not apply to an election

29-25    ordered under this section.

29-26             (Sections 335.055-335.070 reserved for expansion

 30-1                     SUBCHAPTER E.  POWERS AND DUTIES

 30-2          Sec. 335.071.  GENERAL POWERS OF DISTRICT.  (a)  A district

 30-3    may:

 30-4                (1)  perform any act necessary to the full exercise of

 30-5    the district's powers;

 30-6                (2)  accept a grant or loan from a:

 30-7                      (A)  department or agency of the United States;

 30-8                      (B)  department, agency, or political subdivision

 30-9    of this state; or

30-10                      (C)  public or private person;

30-11                (3)  acquire, sell, lease, convey, or otherwise dispose

30-12    of property or an interest in property, including an approved

30-13    community venue project, under terms and conditions determined by

30-14    the district;

30-15                (4)  employ necessary personnel; and

30-16                (5)  adopt rules to govern the operation of the

30-17    district and its employees and property.

30-18          (b)  A district may contract with a public or private person,

30-19    including a sports team, club, organization, or other entity, to:

30-20                (1)  plan, acquire, establish, develop, construct, or

30-21    renovate an approved community venue project; or

30-22                (2)  perform any other act the district is authorized

30-23    to perform under this chapter.

30-24          (c)  If the district contracts with a sports team or club for

30-25    the construction, renovation, or operation of an approved community

30-26    venue project, the district is not a party to a subsequent contract

30-27    between the team or club and another person relating to the

 31-1    project.  The competitive bidding laws, including Chapter 271, do

 31-2    not apply to a contract between a team or club and another person

 31-3    under this subsection.

 31-4          (d)  A district may impose any tax a county may impose under

 31-5    Chapter 334, subject to approval of the voters of the district as

 31-6    prescribed by this chapter and Chapter 334.  The district shall

 31-7    impose the tax in the same manner as a county.

 31-8          (e)  A district may not levy an ad valorem tax.

 31-9          Sec. 335.072.  COMMUNITY VENUE PROJECT FUND.  (a)  A district

31-10    in which an approved community venue project is located shall

31-11    establish by resolution a fund known as the community venue project

31-12    fund.

31-13          (b)  The district shall deposit into the community venue

31-14    project fund:

31-15                (1)  the proceeds from any tax imposed by the district;

31-16                (2)  all revenue from the sale of bonds or other

31-17    obligations by the district; and

31-18                (3)  any other money required by law to be deposited in

31-19    the fund.

31-20          (c)  The district may deposit into the community venue

31-21    project fund:

31-22                (1)  money derived from innovative funding concepts

31-23    such as the sale or lease of luxury boxes or the sale of licenses

31-24    for personal seats; and

31-25                (2)  any other revenue derived from the approved

31-26    community venue project, including stadium rental payments and

31-27    revenue from concessions and parking.

 32-1          (d)  The district may use money in the community venue

 32-2    project fund only to:

 32-3                (1)  pay the costs of planning, acquiring,

 32-4    establishing, developing, constructing, or renovating one or more

 32-5    approved community venue projects in the district;

 32-6                (2)  pay the principal of, interest on, and other costs

 32-7    relating to bonds or other obligations  issued by the district or

 32-8    to refund bonds or other obligations; or

 32-9                (3)  pay the costs of operating or maintaining one or

32-10    more approved community venue projects during the planning,

32-11    acquisition, establishment, development, construction, or

32-12    renovation or while bonds or other obligations for the planning,

32-13    acquisition, establishment, development, construction, or

32-14    renovation are outstanding.

32-15          (e)  Money deposited into the community venue project fund,

32-16    including money deposited under Subsection (c), is the property of

32-17    the district depositing the money.

32-18          Sec. 335.073.  BONDS AND OTHER OBLIGATIONS.  (a)  A district

32-19    in which an approved community venue project is located  may issue

32-20    bonds, including revenue bonds and refunding bonds, or other

32-21    obligations to pay the costs of the approved community venue

32-22    project.

32-23          (b)  The bonds or other obligations and the proceedings

32-24    authorizing the bonds or other obligations shall be submitted to

32-25    the attorney general for review and approval as required by Article

32-26    3, Chapter 53, Acts of the 70th Legislature, 2nd Called Session,

32-27    1987 (Article 717k-8, Vernon's Texas Civil Statutes).

 33-1          (c)  The bonds or other obligations must be payable from and

 33-2    secured by the revenue in the community venue project fund.

 33-3          (d)  The bonds or other obligations may mature serially or

 33-4    otherwise not more than 30 years from their date of issuance.

 33-5          (e)  The bonds or other obligations are not a debt of and do

 33-6    not create a claim for payment against the revenue or property of

 33-7    the  district other than an approved community venue  project for

 33-8    which the bonds are issued.

 33-9          Sec. 335.074.  PUBLIC PURPOSE OF PROJECT.  (a)  The

33-10    legislature finds for all constitutional and statutory purposes

33-11    that an approved community venue project is owned, used, and held

33-12    for public purposes by the district.

33-13          (b)  Section 25.07(a), Tax Code, does not apply to a

33-14    leasehold or other possessory interest granted by the district

33-15    while the district owns the project.

33-16          (c)  The project is exempt from taxation under Section 11.11,

33-17    Tax Code, while the district owns the project.

33-18          SECTION 2.  The importance of this legislation and the

33-19    crowded condition of the calendars in both houses create an

33-20    emergency and an imperative public necessity that the

33-21    constitutional rule requiring bills to be read on three several

33-22    days in each house be suspended, and this rule is hereby suspended,

33-23    and that this Act take effect and be in force from and after its

33-24    passage, and it is so enacted.