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.