By:  Whitmire                                 S.B. No. 944

         97S0685/1                           

                                A BILL TO BE ENTITLED

                                       AN ACT

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

 1-2     infrastructure; authorizing the imposition of certain local taxes

 1-3     and the issuance of local bonds; providing civil penalties.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subtitle C, Title 10, Local Government Code, is

 1-6     amended by adding Chapter 334 to read as follows:

 1-7                   CHAPTER 334.  SPORTS VENUE AUTHORITIES

 1-8                      SUBCHAPTER A.  GENERAL PROVISIONS

 1-9           Sec. 334.001.  DEFINITIONS.  In this chapter:

1-10                 (1)  "Approved sports venue project" means a sports

1-11     venue project that either:

1-12                       (A)  is a prior approved sports venue project; or

1-13                       (B)  has been approved under this chapter by the

1-14     voters of a sports venue authority.

1-15                 (2)  "Authority" means a sports venue authority created

1-16     under this chapter.

1-17                 (3)  "Board" means the board of directors of a sports

1-18     venue authority.

1-19                 (4)  "Governing body" means the governing body of a

1-20     municipality or the commissioners court of a county.

1-21                 (5)  "Prior approved sports venue project" means a new

1-22     or renovated stadium, arena, or other facility for a professional

1-23     baseball or football team that was approved by the voters of a

 2-1     political subdivision under other law prior to the effective date

 2-2     of this chapter.

 2-3                 (6)  "Related infrastructure" means any store,

 2-4     restaurant, concession, automobile parking facility, area

 2-5     transportation facility, road, street, water, or sewer facility, or

 2-6     other on-site or off-site improvement that relates to and enhances

 2-7     the use, value, or appeal of a sports venue and any other

 2-8     expenditure reasonably necessary to construct, improve, renovate,

 2-9     or expand a sports venue.

2-10                 (7)  "Sports venue" means an arena, coliseum, stadium,

2-11     or other type of area or facility:

2-12                       (A)  that is primarily used or is planned for

2-13     primary use for one or more professional or amateur sports or

2-14     athletics events;

2-15                       (B)  that is used for rodeo, agricultural, or

2-16     livestock events, exhibitions, and fairs; and

2-17                       (C)  for which a fee for admission to the sports

2-18     or athletics events, other than occasional civic, charitable, or

2-19     promotional events, is charged or is planned to be charged.

2-20                 (8)  "Sports venue project" means a sports venue and

2-21     related infrastructure that is planned, acquired, established,

2-22     developed, constructed, or renovated under this chapter.

2-23           Sec. 334.002.  APPLICATION OF CHAPTER.  This chapter applies

2-24     only to:

2-25                 (1)  a municipality with a population of more than 1.2

 3-1     million; and

 3-2                 (2)  a county with a population of more than 2.2

 3-3     million.

 3-4           Sec. 334.003.  APPLICATION TO SPORTS VENUE CONSTRUCTED UNDER

 3-5     OTHER LAW.  An authority may use this chapter for a sports venue

 3-6     project relating to a sports venue and related infrastructure

 3-7     planned, acquired, established, developed, constructed, or

 3-8     renovated under other law, including Section 4B, Development

 3-9     Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil

3-10     Statutes), or Subchapter E, Chapter 451, Transportation Code.

3-11           Sec. 334.004.  OTHER USES OF SPORTS VENUE PERMITTED.  This

3-12     chapter does not prohibit the use of a sports venue project for an

3-13     event that is not related to sports or athletics, such as a

3-14     community-related event.

3-15            (Sections 334.005 to 334.020 reserved for expansion

3-16                    SUBCHAPTER B.  SPORTS VENUE AUTHORITY

3-17           Sec. 334.021.  CREATION.  A municipality and a county may

3-18     create a sports venue authority under this chapter to plan,

3-19     acquire, establish, develop, construct, or renovate one or more

3-20     sports venue projects in the authority subject to approval by the

3-21     voters of the authority as provided in Subchapter D.

3-22           Sec. 334.022.  ORDER CREATING AUTHORITY.  A municipality and

3-23     a county may create an authority under this chapter by adopting a

3-24     concurrent ordinance and order.  A concurrent ordinance and order

3-25     must:

 4-1                 (1)  contain substantially identical provisions; and

 4-2                 (2)  define the boundaries of the authority to be

 4-3     coextensive with the boundaries of the combined territory of the

 4-4     municipality and the county.

 4-5           Sec. 334.023.  POLITICAL SUBDIVISION; OPEN MEETINGS; OPEN

 4-6     RECORDS.  (a)  An authority is a political subdivision of this

 4-7     state.

 4-8           (b)  An authority is subject to Chapters 551 and 552,

 4-9     Government Code.

4-10            (Sections 334.024 to 334.030 reserved for expansion

4-11                      SUBCHAPTER C.  BOARD OF DIRECTORS

4-12           Sec. 334.031.  COMPOSITION AND APPOINTMENT OF BOARD.  (a)  An

4-13     authority is governed by a board of at least five directors,

4-14     including the chair of the board.

4-15           (b)  The board is appointed by the governing bodies of the

4-16     municipality and the county that create the authority.  The

4-17     governing bodies are entitled to appoint an equal number of

4-18     directors other than the chair, who shall be jointly appointed by

4-19     the governing bodies.

4-20           (c)  Directors serve staggered two-year terms.  A director

4-21     may be removed by the appointing governing body, and the chair may

4-22     be removed by both governing bodies acting jointly, at any time

4-23     without cause.  Successor directors are appointed in the same

4-24     manner as the appointees whom they succeed.

4-25           (d)  To qualify to serve as a director, a person other than

 5-1     the chair must be a resident of the municipality or county whose

 5-2     governing body appoints the person, and the chair must be a

 5-3     resident of at least the county.  An employee, officer, or member

 5-4     of the governing body of the municipality or county may serve as a

 5-5     director but may not have a personal interest in a contract

 5-6     executed by the authority other than as an employee, officer, or

 5-7     member of the governing body of the municipality or county.

 5-8           Sec. 334.032.  COMPENSATION.  A board member is not entitled

 5-9     to compensation but is entitled to reimbursement for actual and

5-10     necessary expenses.

5-11           Sec. 334.033.  MEETINGS.  The board shall conduct its

5-12     meetings in the authority.

5-13           Sec. 334.034.  OFFICERS.  The board shall designate from

5-14     among its members a secretary and other officers, except the chair,

5-15     that the board considers necessary.

5-16            (Sections 334.035 to 334.050 reserved for expansion

5-17                    SUBCHAPTER D.  SPORTS VENUE PROJECTS

5-18           Sec. 334.051.  AUTHORITY TO PROVIDE PROJECTS.  (a)  An

5-19     authority may provide for the planning, acquisition, establishment,

5-20     development, construction, or renovation of a sports venue project

5-21     if the project is:

5-22                 (1)  a prior approved sports venue project; or

5-23                 (2)  included in a resolution that is adopted by the

5-24     board of the authority and then approved by a majority of the

5-25     registered voters of the authority voting at an election called and

 6-1     held for that purpose under Section 334.052.

 6-2           (b)  The resolution shall designate the sports venue project

 6-3     and each method of financing authorized by this chapter that the

 6-4     authority wants to use to finance the project.  The resolution may

 6-5     designate more than one method of financing.

 6-6           Sec. 334.052.  ELECTION.  (a)  The board may order an

 6-7     election within the authority's boundaries, which are coextensive

 6-8     with the boundaries of the combined territory of the municipality

 6-9     and the county that created the authority, on the question of

6-10     approving and implementing a resolution for a sports venue project,

6-11     other than a prior approved sports venue project.

6-12           (b)  The order calling the election must:

6-13                 (1)  designate the sports venue project or projects;

6-14                 (2)  if more than one sports venue project is

6-15     designated, allow the voters to vote separately on each project;

6-16                 (3)  designate each method of financing authorized by

6-17     this chapter that the authority wants to use to finance the project

6-18     and the maximum rate of each method; and

6-19                 (4)  allow the voters to vote, in the same proposition

6-20     or in separate propositions, on the method or methods of financing

6-21     authorized by this chapter that the authority wants to use to

6-22     finance the project or projects and the maximum rates of each

6-23     method or methods.

6-24           (c)  The ballot at an election held under this section must

6-25     be printed to permit voting for or against the

 7-1     proposition:  "Authorizing __________________ (insert name of

 7-2     authority) to _________________________ (insert description of

 7-3     sports venue project) and to impose a tax ___________________

 7-4     (insert type of tax or taxes) at the rate of

 7-5     _________________________ (insert maximum rate or rates of each

 7-6     tax) for the purpose of financing the sports venue project."

 7-7           (d)  If a majority of the votes cast at the election approves

 7-8     a project or projects and the method or methods of financing the

 7-9     project or projects, as required, the authority may implement the

7-10     resolution.

7-11           (e)  The Election Code governs an election held under this

7-12     chapter, except that the uniform election date provisions of

7-13     Section 41.001(a), Election Code, do not apply to an election

7-14     ordered under this section.

7-15            (Sections 334.053 to 334.070 reserved for expansion

7-16                      SUBCHAPTER E.  POWERS AND DUTIES

7-17           Sec. 334.071.  GENERAL POWERS OF AUTHORITY.  (a)  An

7-18     authority may:

7-19                 (1)  perform any act necessary to the full exercise of

7-20     the authority's powers;

7-21                 (2)  accept a gift, grant, or loan from a:

7-22                       (A)  department or agency of the United States;

7-23                       (B)  department, agency, or political subdivision

7-24     of this state; or

7-25                       (C)  public or private person;

 8-1                 (3)  acquire, sell, lease, convey, or otherwise dispose

 8-2     of property or an interest in property, including an approved

 8-3     sports venue project, under terms and conditions determined by the

 8-4     authority, provided that in any such transaction with another

 8-5     public entity, the public purpose found by the legislature in

 8-6     Section 334.074 shall be deemed adequate consideration for the

 8-7     authority and the other public entity;

 8-8                 (4)  employ necessary personnel; and

 8-9                 (5)  adopt rules to govern the operation of the

8-10     authority and its employees and property.

8-11           (b)  An authority may contract with a public or private

8-12     person, including the county and municipality that created the

8-13     authority, a sports team, club, organization, or other entity, to:

8-14                 (1)  plan, acquire, establish, develop, construct, or

8-15     renovate a sports venue project under this chapter or any other

8-16     law; or

8-17                 (2)  perform any other act the authority is authorized

8-18     to perform under this chapter.

8-19           (c)  The competitive bidding laws, including Chapter 271, do

8-20     not apply to the planning, acquisition, establishment, development,

8-21     construction, or renovation of a prior approved sports venue

8-22     project that is a new stadium for a professional baseball team.

8-23           (d)  An authority may not levy an ad valorem tax.

8-24           Sec. 334.072.  SPORTS VENUE PROJECT FUND.  (a)  An authority

8-25     shall establish by resolution a fund known as the sports venue

 9-1     project fund.  The authority may establish separate accounts within

 9-2     the fund for the various revenue sources.

 9-3           (b)  The authority shall deposit into the sports venue

 9-4     project fund:

 9-5                 (1)  the proceeds from any tax imposed by the

 9-6     authority; and

 9-7                 (2)  any other money required by law to be deposited in

 9-8     the fund.

 9-9           (c)  The authority may deposit into the sports venue project

9-10     fund:

9-11                 (1)  money derived from innovative funding concepts

9-12     such as the sale or lease of luxury boxes or the sale of licenses

9-13     for personal seats; and

9-14                 (2)  any other revenue derived from the approved sports

9-15     venue project, including stadium rental payments and revenue from

9-16     concessions and parking.

9-17           (d)  The authority may use money in the sports venue project

9-18     fund only to:

9-19                 (1)  pay or reimburse the costs of planning, acquiring,

9-20     establishing, developing, constructing, or renovating one or more

9-21     approved sports venue projects in the authority;

9-22                 (2)  pay the principal of, interest on, and other costs

9-23     relating to bonds or other obligations issued by the authority or

9-24     to refund bonds or other obligations; or

9-25                 (3)  pay the costs of operating or maintaining one or

 10-1    more  approved sports venue projects during the planning,

 10-2    acquisition, establishment, development, construction, or

 10-3    renovation or while bonds or other obligations for the planning,

 10-4    acquisition, establishment, development, construction, or

 10-5    renovation are outstanding.

 10-6          (e)  Money deposited into the sports venue project fund,

 10-7    including money deposited under Subsection (c), is the property of

 10-8    the authority depositing the money.

 10-9          Sec. 334.073.  BONDS AND OTHER OBLIGATIONS.  (a)  With the

10-10    prior consent of the governing bodies of the municipality and the

10-11    county, an authority in which an approved sports venue project is

10-12    located may issue bonds, including revenue bonds and  refunding

10-13    bonds, or other obligations to pay the costs of the approved sports

10-14    venue project.

10-15          (b)  Proceeds from the sale of bonds or other obligations

10-16    issued by an authority to provide an approved sports venue project

10-17    shall be deposited in accordance with the documents pursuant to

10-18    which the bonds or other obligations are issued and may be used to

10-19    reimburse the authority, or any other public or private party

10-20    designated by the authority, for costs attributable to the project

10-21    that were paid or incurred before the date of issuance of the bonds

10-22    or other obligations.

10-23          (c)  An authority is an issuer and a sports venue project is

10-24    a public utility and an eligible project for purposes of Chapter

10-25    656, Acts of the 68th Legislature, Regular Session, 1983 (Article

 11-1    717q, Vernon's Texas Civil Statutes).

 11-2          (d)  The bonds or other obligations and the proceedings

 11-3    authorizing the bonds or other obligations shall be submitted to

 11-4    the attorney general for review and approval as required by Article

 11-5    3, Chapter 53, Acts of the 70th Legislature, 2nd Called Session,

 11-6    1987 (Article 717k-8, Vernon's Texas Civil Statutes).

 11-7          (e)  The bonds or other obligations must be payable from and

 11-8    secured by the revenues in the sports venue project fund.

 11-9          (f)  The bonds or other obligations may mature serially or

11-10    otherwise not more than 30 years from their date of issuance.

11-11          (g)  The bonds or other obligations are not a debt of and do

11-12    not create a claim for payment against the revenue or property of

11-13    the authority other than the revenue sources pledged to pay the

11-14    bonds or other obligations and an approved sports venue project for

11-15    which the bonds or other obligations are issued.

11-16          Sec. 334.074.  PUBLIC PURPOSE OF PROJECT.  (a)  The

11-17    legislature finds for all constitutional and statutory purposes

11-18    that an approved sports venue project is owned, used, and held for

11-19    public purposes by the authority.

11-20          (b)  Section 25.07(a), Tax Code, does not apply to a

11-21    leasehold or other possessory interest granted by the authority

11-22    while the authority owns the project.

11-23          (c)  The project is exempt from taxation under Section 11.11,

11-24    Tax Code, while the authority owns the project.

11-25           (Sections 334.075 to 334.100 reserved for expansion

 12-1            SUBCHAPTER F.  SHORT-TERM MOTOR VEHICLE RENTAL TAX

 12-2          Sec. 334.101.  DEFINITIONS.  (a)  In this subchapter:

 12-3                (1)  "Motor vehicle" means a self-propelled vehicle

 12-4    designed principally to transport persons or property on a public

 12-5    roadway and includes a passenger car, van, station wagon, sports

 12-6    utility vehicle, and truck.  The term does not include a:

 12-7                      (A)  trailer, semitrailer, house trailer, truck

 12-8    having a manufacturer's rating of more than one-half ton, or

 12-9    road-building machine;

12-10                      (B)  device moved only by human power;

12-11                      (C)  device used exclusively on stationary rails

12-12    or tracks;

12-13                      (D)  farm machine; or

12-14                      (E)  mobile office.

12-15                (2)  "Rental" means an agreement by the owner of a

12-16    motor vehicle to authorize, for not longer than 30 days, the

12-17    exclusive use of the vehicle to another for consideration.

12-18                (3)  "Place of business of the owner" means an

12-19    established outlet, office, or location operated by the owner of a

12-20    motor vehicle or the owner's agent or employee for the purpose of

12-21    renting motor vehicles and includes any location at which three or

12-22    more rentals are made during a year.

12-23          (b)  Except as provided by Subsection (a), words used in this

12-24    subchapter and defined by Chapter 152, Tax Code, have the meanings

12-25    assigned by Chapter 152, Tax Code.

 13-1          Sec. 334.102.  TAX AUTHORIZED.  (a)  Subject to the

 13-2    provisions of Section 334.112, an authority by order may impose a

 13-3    tax on the rental in the authority of a motor vehicle.

 13-4          (b)  An authority by order may repeal or decrease the rate of

 13-5    a tax imposed under Subsection (a).

 13-6          (c)  An authority may impose a tax under this subchapter only

 13-7    if:

 13-8                (1)  the tax is imposed as a method of financing a

 13-9    prior approved sports venue project; or

13-10                (2)  the sports venue project and the tax are approved

13-11    at an election held under Section 334.052.

13-12          Sec. 334.103.  SHORT-TERM RENTAL TAX.  (a)  The tax

13-13    authorized by this subchapter is imposed at a rate in increments of

13-14    one-eighth of one percent, not to exceed five percent, on the gross

13-15    rental receipts from the rental in the authority of a motor

13-16    vehicle.

13-17          (b)  The ballot proposition at an election held to adopt the

13-18    tax must specify the maximum rate of the tax to be adopted.

13-19          Sec. 334.104.  RATE INCREASE.  An authority that has adopted

13-20    a tax under this subchapter at a rate of less than five percent may

13-21    by order increase the rate of the tax to a maximum of five percent

13-22    if the increase is approved by a majority of the registered voters

13-23    of the authority voting at an election called under Section

13-24    334.052.

13-25          Sec. 334.105.  COMPUTATION OF TAX.  (a)  The owner of a motor

 14-1    vehicle subject to the tax imposed under this subchapter shall

 14-2    collect the tax for the benefit of the authority.

 14-3          (b)  The owner shall add the short-term motor vehicle rental

 14-4    tax imposed by the authority under this subchapter, if applicable,

 14-5    and the gross rental receipts tax imposed by Chapter 152, Tax Code,

 14-6    to the rental charge, and the sum of the taxes is a part of the

 14-7    rental charge, is a debt owed to the motor vehicle owner by the

 14-8    person renting the vehicle, and is recoverable at law in the same

 14-9    manner as the rental charge.

14-10          Sec. 334.106.  CONSUMMATION OF RENTAL.  A rental of a motor

14-11    vehicle occurs in the authority in which transfer of possession of

14-12    the motor vehicle occurs.

14-13          Sec. 334.107.  EXEMPTIONS APPLICABLE.  The exemptions

14-14    provided by Subchapter E, Chapter 152, Tax Code, apply to the tax

14-15    authorized by this subchapter.

14-16          Sec. 334.108.  NOTICE OF TAX.  Each bill or other receipt for

14-17    a rental subject to the tax imposed under this subchapter must

14-18    contain a statement in a conspicuous location

14-19    stating:  "_____________________ (insert name of taxing authority)

14-20    requires that an additional tax of ____________________ percent

14-21    (insert rate of tax) be imposed on each motor vehicle rental for

14-22    the purpose of financing a sports venue project."

14-23          Sec. 334.109.  GROSS RECEIPTS PRESUMED SUBJECT TO TAX.  All

14-24    gross receipts of an owner of a motor vehicle from the rental of

14-25    the motor vehicle are presumed to be subject to the tax imposed by

 15-1    this subchapter, except for gross receipts for which the owner has

 15-2    accepted in good faith a properly completed exemption certificate.

 15-3          Sec. 334.110.  RECORDS.  (a)  The owner of a motor vehicle

 15-4    used for rental purposes shall keep for four years after the date

 15-5    of rental records and supporting documents containing the following

 15-6    information on the amount of:

 15-7                (1)  gross rental receipts received from the rental of

 15-8    the motor vehicle; and

 15-9                (2)  the tax imposed under this subchapter and paid to

15-10    the authority on each motor vehicle used for rental purposes by the

15-11    owner.

15-12          (b)  Mileage records are not required.

15-13          Sec. 334.111.  FAILURE TO KEEP RECORDS.  (a)  An owner of a

15-14    motor vehicle commits an offense if the owner fails to make and

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

15-16    Section 334.110.

15-17          (b)  An offense under this section is a misdemeanor

15-18    punishable by a fine of not less than $25 or more than $500.

15-19          Sec. 334.112.  EFFECTIVE DATE AND DURATION OF TAX.  (a)  A

15-20    tax imposed under this subchapter or a change in the tax rate takes

15-21    effect on the date prescribed by the order imposing the tax or

15-22    changing the rate, provided that, effective October 1, 1997, as a

15-23    method of financing prior approved sports venue projects, there

15-24    shall be  imposed throughout the territory of an authority created

15-25    pursuant to this chapter a tax under this subchapter at the maximum

 16-1    uniform monetary amount on each day or part of a day of a person's

 16-2    rental in the territory of the authority of a motor vehicle.  If an

 16-3    authority has not been created on October 1, 1997, the tax imposed

 16-4    under this subchapter shall be imposed on creation of an authority.

 16-5          (b)  If an authority (1) prior to October 1, 1997, or within

 16-6    30 days after the date of its creation, adopts a resolution that

 16-7    rejects the tax imposed by Subsection (a) or (2) does not issue

 16-8    bonds or other obligations secured by such tax to finance a prior

 16-9    approved sports venue project within 24 months after October 1,

16-10    1997, or the date of its creation, the tax shall be abolished.  The

16-11    authority may not impose the tax after such bonds or other

16-12    obligations, including any refunding bonds, are no longer

16-13    outstanding.

16-14          Sec. 334.113.  TAX COLLECTION; PENALTY.  (a)  The owner of a

16-15    motor vehicle required to collect the tax imposed under this

16-16    subchapter shall report and send the taxes collected to the

16-17    authority as provided by the order imposing the tax.

16-18          (b)  An authority by order may prescribe penalties, including

16-19    interest charges, for failure to keep records required by the

16-20    authority, to report when required, or to pay the tax when due.

16-21          (c)  An attorney acting for the authority may bring suit

16-22    against a person who fails to collect a tax under this subchapter

16-23    and to pay it over to the authority as required.  The fees of such

16-24    attorney shall be assessed against such person.

16-25          Sec. 334.114.  COLLECTION PROCEDURES ON PURCHASE OF MOTOR

 17-1    VEHICLE RENTAL BUSINESS.  (a)  If the owner of a motor vehicle

 17-2    rental business that makes rentals subject to the tax imposed by

 17-3    this subchapter sells the business, the successor to the seller or

 17-4    the seller's assignee shall withhold an amount of the purchase

 17-5    price sufficient to pay the amount of tax due until the seller

 17-6    provides a receipt by a person designated by the authority to

 17-7    provide the receipt showing that the amount has been paid or a

 17-8    certificate showing that no tax is due.

 17-9          (b)  The purchaser of a motor vehicle rental business who

17-10    fails to withhold an amount of the purchase price as required by

17-11    this section is liable for the amount required to be withheld to

17-12    the extent of the value of the purchase price.

17-13          (c)  The purchaser of a motor vehicle rental business may

17-14    request that the person designated by the authority to provide a

17-15    receipt under Subsection (a) issue a certificate stating that no

17-16    tax is due or issue a statement of the amount required to be paid

17-17    before a certificate may be issued.  The person designated by the

17-18    authority shall issue the certificate or statement not later than

17-19    the 60th day after the date the person receives the request.

17-20          (d)  If the person designated by the authority to provide a

17-21    receipt under Subsection (a) fails to issue the certificate or

17-22    statement within the period provided by Subsection (c), the

17-23    purchaser is released from the obligation to withhold the purchase

17-24    price or pay the amount due.

17-25          Sec. 334.115.  REIMBURSEMENT FOR TAX COLLECTION EXPENSES.  An

 18-1    authority by order may permit a person who is required to collect a

 18-2    tax under this subchapter to retain a percentage of the amount

 18-3    collected and required to be reported as reimbursement to the

 18-4    person for the costs of collecting the tax.  The authority may

 18-5    provide that the person may retain the amount authorized to be

 18-6    retained only if the person pays the tax and files reports as

 18-7    required by the authority.

 18-8          Sec. 334.116.  DEPOSIT OF TAX REVENUE.  Revenue from the tax

 18-9    imposed under this subchapter shall be deposited in the sports

18-10    venue project fund of the authority imposing the tax.

18-11           (Sections 334.117 to 334.130 reserved for expansion

18-12                       SUBCHAPTER G.  ADMISSIONS TAX

18-13          Sec. 334.131.  TAX AUTHORIZED.  (a)  An authority by order

18-14    may impose a tax on each person admitted to some or all of the

18-15    events at an approved  sports venue project in the authority for

18-16    which the authority has issued bonds to plan, acquire, establish,

18-17    develop, construct, or renovate the approved sports venue project.

18-18          (b)  The authority may not impose a tax under this subchapter

18-19    for admission to an event at a sports venue that is not an approved

18-20    sports venue project or for which the authority has not issued

18-21    bonds to plan, acquire, establish, develop, construct, or renovate

18-22    the approved sports venue project.

18-23          (c)  An authority may impose a tax under this subchapter only

18-24    if:

18-25                (1)  the sports venue project is a substantially

 19-1    completed prior approved sports venue project; or

 19-2                (2)  the sports venue project and tax are approved at

 19-3    an election held under Section 334.052.

 19-4          Sec. 334.132.  TAX RATE. (a)  The tax authorized by this

 19-5    subchapter is imposed at the allowed tax rate on each person

 19-6    admitted.

 19-7          (b)  The amount of the tax may be imposed at any uniform

 19-8    monetary amount not to exceed $2.  The tax may not be imposed at a

 19-9    percentage rate.

19-10          (c)  The ballot proposition at an election held to adopt the

19-11    tax must specify the maximum rate of the tax to be adopted.

19-12          (d)  The authority by order may repeal or decrease the rate

19-13    of the tax imposed under this subchapter.

19-14          Sec. 334.133.  RATE INCREASE.  An authority that secured

19-15    voter approval of a tax under this subchapter at a rate of less

19-16    than $2 a person may by order increase the rate of the tax to a

19-17    maximum of $2 a person if the increase is approved by a majority of

19-18    the registered voters of the authority voting at an election called

19-19    and held under Section 334.052.

19-20          Sec. 334.134.  COLLECTION.  (a)  The authority by order may

19-21    require the owner of an approved sports venue project in the

19-22    authority to collect the tax for the benefit of the authority.

19-23          (b)  An owner required to collect the tax under this section

19-24    shall add the tax to the admissions price, and the tax is a part of

19-25    the admissions price, is a debt owed to the owner of the approved

 20-1    sports venue project by the person admitted, and is recoverable at

 20-2    law in the same manner as the admissions charge.

 20-3          (c)  The tax imposed by this subchapter is not an occupation

 20-4    tax imposed on the owner of the approved sports venue project.

 20-5          Sec. 334.135.  EFFECTIVE DATE AND DURATION OF TAX.  (a)  A

 20-6    tax imposed under this subchapter or a change in a tax rate takes

 20-7    effect on the date prescribed by the order imposing the tax or

 20-8    changing the rate.

 20-9          (b)  An authority may impose a tax under this subchapter only

20-10    if the authority issues bonds or other obligations under Section

20-11    334.073.  The authority may not impose the tax after such bonds or

20-12    other obligations, including any refunding bonds, are no longer

20-13    outstanding.

20-14          Sec. 334.136.  COLLECTION OF TAX.  (a)  A person required to

20-15    collect a tax imposed under this subchapter shall report and send

20-16    the taxes collected to the authority as provided by the authority

20-17    imposing the tax.

20-18          (b)  An authority by order may prescribe penalties, including

20-19    interest charges, for failure to keep records required by the

20-20    authority, to report when required, or to pay the tax when due.  An

20-21    attorney acting for the authority may bring suit against a person

20-22    who fails to collect a tax under this subchapter and to pay it over

20-23    to the authority as required.  The fees of the attorney shall be

20-24    assessed against the person.

20-25          (c)  An authority by order may permit a person who is

 21-1    required to collect a tax under this subchapter to retain a

 21-2    percentage of the amount collected and required to be reported as

 21-3    reimbursement to the person for the costs of collecting the tax.

 21-4    The authority may provide that the person may retain the amount

 21-5    authorized only if the person pays the tax and files reports as

 21-6    required by the authority.

 21-7          Sec. 334.137.  DEPOSIT OF TAX REVENUE.  Revenue from the tax

 21-8    imposed under this subchapter shall be deposited in the sports

 21-9    venue project fund of the authority imposing the tax.

21-10           (Sections 334.138 to 334.180 reserved for expansion

21-11                        SUBCHAPTER H.  PARKING TAX

21-12          Sec. 334.181.  EVENT PARKING TAX.  (a)  An authority by order

21-13    may impose a tax on each motor vehicle parking in a parking

21-14    facility of, or within a prescribed distance from, an approved

21-15    sports venue project.

21-16          (b)  The authority may impose the tax on vehicles during a

21-17    period beginning not more than three hours before and ending not

21-18    more than three hours after the time an event in an approved sports

21-19    venue project is scheduled to begin.

21-20          (c)  An authority may impose a tax under this subchapter only

21-21    if:

21-22                (1)  the sports venue project is a substantially

21-23    completed prior approved sports venue project; or

21-24                (2)  the sports venue project and the tax are approved

21-25    at an election held under Section 334.052.

 22-1          Sec. 334.182.  TAX RATE.  (a)  The authority by order may

 22-2    prescribe the coverage of the tax imposed by this subchapter and

 22-3    may provide that the tax is imposed at a flat amount on each parked

 22-4    motor vehicle or is imposed as a percentage of the amount charged

 22-5    for event parking by the owner of the parking facility.

 22-6          (b)  Regardless of the method of imposition, the amount of

 22-7    the tax may not exceed $1 for each motor vehicle.

 22-8          (c)  The ballot proposition at an election held to adopt the

 22-9    tax must specify the maximum rate of the tax to be adopted.

22-10          (d)  The authority by order may repeal or decrease the rate

22-11    of the tax imposed under this subchapter.

22-12          Sec. 334.183.  RATE INCREASE.  An authority that secured

22-13    voter approval of a tax under this subchapter at a rate of less

22-14    than $1 a vehicle may by order increase the rate of the tax to a

22-15    maximum of $1 a vehicle if the increase is approved by a majority

22-16    of the registered voters of the authority voting at an election

22-17    called and held under Section 334.052.

22-18          Sec. 334.184.  COLLECTION.  (a)  The authority by order may

22-19    require the owner of a parking facility to collect the tax for the

22-20    benefit of the authority.

22-21          (b)  An owner required to collect the tax under this section

22-22    shall add the tax to the parking charge, and the tax is a part of

22-23    the parking charge, is a debt owed to the parking facility owner by

22-24    the person parking, and is recoverable at law in the same manner as

22-25    the parking charge.

 23-1          (c)  The tax imposed by this subchapter is not an occupation

 23-2    tax imposed on the owner of the parking facility.

 23-3          Sec. 334.185.  EFFECTIVE DATE AND DURATION OF TAX.  (a)  A

 23-4    tax imposed under this subchapter or a change in the tax rate takes

 23-5    effect on the date prescribed by the order imposing the tax or

 23-6    changing the rate.

 23-7          (b)  An authority may impose a tax under this subchapter only

 23-8    if the authority issues bonds or other obligations under Section

 23-9    334.073.  The authority may not impose the tax after such bonds or

23-10    other obligations, including any refunding bonds, are no longer

23-11    outstanding.

23-12          Sec. 334.186.  COLLECTION OF TAX.  (a)  A person required to

23-13    collect a tax imposed under this subchapter shall report and send

23-14    the taxes collected to the authority as provided by the authority

23-15    imposing the tax.

23-16          (b)  An authority by order may prescribe penalties, including

23-17    interest charges, for failure to keep records required by the

23-18    authority, to report when required, or to pay the tax when due.  An

23-19    attorney acting for the authority may bring suit against a person

23-20    who fails to collect a tax under this subchapter and to pay it over

23-21    to the authority as required.  The fees of the attorney shall be

23-22    assessed against the person.

23-23          (c)  An authority by order may permit a person who is

23-24    required to collect a tax under this subchapter to retain a

23-25    percentage of the amount collected and required to be reported as

 24-1    reimbursement to the person for the costs of collecting the tax.

 24-2    The authority may provide that the person may retain the amount

 24-3    authorized only if the person pays the tax and files reports

 24-4    required by the authority.

 24-5          Sec. 334.187.  DEPOSIT OF TAX REVENUE.  Revenue from the tax

 24-6    imposed under this subchapter shall be deposited in the sports

 24-7    venue project fund of the authority imposing the tax.

 24-8           (Sections 334.188 to 334.230 reserved for expansion

 24-9                   SUBCHAPTER I.  HOTEL OCCUPANCY TAXES

24-10          Sec. 334.231.  DEFINITION.  In this subchapter, "hotel" has

24-11    the meaning assigned by Section 156.001, Tax Code.

24-12          Sec. 334.232.  TAX AUTHORIZED.  (a)  Subject to the

24-13    provisions of Section 334.237, an authority by order may impose a

24-14    tax on a person who, under a lease, concession, permit, right of

24-15    access, license, contract, or agreement, pays for the use or

24-16    possession, or for the right to the use or possession, of a room

24-17    that is in a hotel, costs $2 or more each day, and is ordinarily

24-18    used for sleeping.

24-19          (b)  An authority may impose a tax under this subchapter only

24-20    if:

24-21                (1)  the tax is imposed as a method of financing a

24-22    prior approved sports venue project; or

24-23                (2)  the sports venue project and the tax are approved

24-24    at an election held under Section 334.052.

24-25          Sec. 334.233.  TAX CODE APPLICABLE.  Sections 352.002(b) and

 25-1    (c) and Sections 352.004, 352.0041, 352.005, and 352.007, Tax Code,

 25-2    govern the imposition, computation, administration, collection, and

 25-3    remittance of the tax authorized under this subchapter except as

 25-4    inconsistent with this subchapter.

 25-5          Sec. 334.234.  TAX RATE.  (a)  The tax authorized by this

 25-6    subchapter may be imposed at any rate not to exceed two percent of

 25-7    the price paid for a room in a hotel.

 25-8          (b)  The ballot proposition at an election held to adopt the

 25-9    tax must specify the maximum rate of the tax to be adopted.

25-10          Sec. 334.235.  RATE INCREASE.  An authority that has adopted

25-11    a tax under this subchapter at a rate of less than two percent may

25-12    by ordinance or order increase the rate of the tax to a maximum of

25-13    two percent if the increase is approved by a majority of the

25-14    registered voters of the authority voting at an election called

25-15    under Section 334.052.

25-16          Sec. 334.236.  NOTICE OF TAX.  Each bill or other receipt for

25-17    a hotel charge subject to the tax imposed under this subchapter

25-18    must contain a statement in a conspicuous location

25-19    stating:  "___________________________ (insert name of taxing

25-20    authority) requires that an additional tax of ________ percent

25-21    (insert rate of tax) be imposed on each hotel charge for the

25-22    purpose of financing a sports venue project."

25-23          Sec. 334.237.  EFFECTIVE DATE AND DURATION OF TAX.  (a)  A

25-24    tax imposed under this subchapter or a change in the tax rate takes

25-25    effect on the date prescribed by the order imposing the tax or

 26-1    changing the rate, provided that, effective October 1, 1997, as a

 26-2    method of financing prior approved sports venue projects, there

 26-3    shall be imposed throughout the territory of an authority created

 26-4    pursuant to this chapter a tax under this subchapter at the maximum

 26-5    uniform monetary amount on the use or possession of a room that is

 26-6    in a hotel, costs $2 or more each day, and is ordinarily used for

 26-7    sleeping.  If an authority has not been created on October 1, 1997,

 26-8    the tax imposed under this subchapter shall be imposed on creation

 26-9    of an authority.

26-10          (b)  If an authority (1) prior to October 1, 1997, or within

26-11    30 days after the date of its creation, adopts a resolution that

26-12    rejects the tax imposed by Subsection (a) or (2) does not issue

26-13    bonds or other obligations secured by such tax to finance a prior

26-14    approved sports venue project within 24 months after October 1,

26-15    1997, or the date of its creation, the tax shall be abolished.  The

26-16    authority may not impose the tax after such bonds or other

26-17    obligations, including any refunding bonds, are no longer

26-18    outstanding.

26-19          Sec. 334.238.  DEPOSIT OF TAX REVENUE.  Revenue from the tax

26-20    imposed under this subchapter shall be deposited in the sports

26-21    venue project fund of the authority imposing the tax.

26-22           (Sections 334.239 to 334.900 reserved for expansion

26-23                  SUBCHAPTER Z.  MISCELLANEOUS PROVISIONS

26-24          Sec. 334.901.  HISTORICALLY UNDERUTILIZED BUSINESSES.  An

26-25    authority shall make good faith efforts to meet or exceed goals for

 27-1    awarding contracts or subcontracts associated with approved sports

 27-2    venue projects to historically underutilized businesses.  Such

 27-3    goals shall be consistent with any state law that by its terms is

 27-4    applicable to approved sports venue projects.

 27-5          Sec. 334.902.  SPECIFIC PERFORMANCE.  It is expressly found

 27-6    and determined by the legislature that the presence of a

 27-7    professional sports team in an authority, county, or municipality

 27-8    provides a unique value to such authority, county, or municipality

 27-9    that cannot be adequately measured in dollars.  It is further

27-10    expressly found and determined that an authority, county, or

27-11    municipality would suffer irreparable injury if a professional

27-12    sports team ceases to play its home games in the authority, county,

27-13    or municipality.  Consequently, any contracts, leases, or other

27-14    agreements between an authority, county, or municipality and a

27-15    professional sports team or club, or its owner, shall be

27-16    enforceable by specific performance by the courts of this state.

27-17          SECTION 2.  Subchapter I, Chapter 151, Tax Code, is amended

27-18    by adding Section 151.430 to read as follows:

27-19          Sec. 151.430.  SALES AND USE TAX REFUND FOR APPROVED SPORTS

27-20    VENUE PROJECT.  (a)  A sports venue authority created under Chapter

27-21    334, Local Government Code, shall receive a rebate, refund, or

27-22    payment for the incremental increase in the proceeds of state and

27-23    local sales and use taxes paid by or collected at an approved

27-24    sports venue project, as defined in Chapter 334, Local Government

27-25    Code, located in the authority if the comptroller determines, in

 28-1    response to a written request from the authority, that such rebate,

 28-2    refund, or payment will not have a negative fiscal impact on state

 28-3    revenues.

 28-4          (b)  "Incremental increase in the proceeds of state and local

 28-5    sales and use taxes" means the amount of state and local sales and

 28-6    use taxes received by a taxing entity that is generated, paid, or

 28-7    collected within the taxing entity's fiscal year by all businesses

 28-8    operating in the approved sports venue project, after adjustment

 28-9    for normal economic growth and for the effects of any change in the

28-10    rate of the tax or in the items subject to the tax, and that

28-11    exceeds the amount of those taxes generated, paid, or collected by

28-12    those businesses in the taxing entity's fiscal year preceding the

28-13    fiscal year in which the approved sports venue project is approved.

28-14          (c)  A prior approved sports venue project, as defined in

28-15    Chapter 334, Local Government Code, is deemed approved as of the

28-16    effective date of that chapter; provided, however, that if such a

28-17    project is being used by a professional baseball or football team

28-18    as of such effective date, the fiscal year in which such project

28-19    shall be deemed approved for the purposes of this section is the

28-20    first fiscal year thereafter in which neither a professional

28-21    baseball or football team used the project.

28-22          (d)  An authority shall begin receiving the rebate, refund,

28-23    or payment under this section after the expiration of the first

28-24    complete calendar quarter after the date that the approved sports

28-25    venue project is approved, or deemed approved, and the comptroller

 29-1    receives written notice of such approval from the authority.  The

 29-2    authority shall deposit such rebate, refund, or payment in the

 29-3    sports venue project fund, as provided for in Chapter 334, Local

 29-4    Government Code, and may use such money as any other money

 29-5    deposited in that fund.  The authority may not receive the rebate,

 29-6    refund, or payment after any bonds or other obligations, including

 29-7    refunding bonds, which are secured by such money and issued to

 29-8    provide financing of an approved sports venue project are no longer

 29-9    outstanding.

29-10          SECTION 3.  The initial members of the board of directors of

29-11    a sports venue authority created under Chapter 334, Local

29-12    Government Code, as added by this Act, shall by lot choose one-year

29-13    or two-year terms.  If an even number of directors are appointed,

29-14    then an equal number shall have one-year terms and two-year terms.

29-15    If an odd number of directors are appointed, the number of members

29-16    to serve two-year terms shall be one more than the number to serve

29-17    one-year terms.

29-18          SECTION 4.  All acts and proceedings authorized or undertaken

29-19    by a municipality, county, or authority that were taken before the

29-20    effective date of this Act, including acts and proceedings to

29-21    create the authority, are hereby validated and confirmed in all

29-22    respects, provided that such validation and confirmation do not

29-23    apply to any act or proceeding that is subject to litigation that

29-24    is pending on the effective date of the Act.

29-25          SECTION 5.  The importance of this legislation and the

 30-1    crowded condition of the calendars in both houses create an

 30-2    emergency and an imperative public necessity that the

 30-3    constitutional rule requiring bills to be read on three several

 30-4    days in each house be suspended, and this rule is hereby suspended,

 30-5    and that this Act take effect and be in force from and after its

 30-6    passage, and it is so enacted.