1-1     By:  Whitmire, et al.                                  S.B. No. 944

 1-2           (In the Senate - Filed March 5, 1997; March 6, 1997, read

 1-3     first time and referred to Committee on State Affairs;

 1-4     March 19, 1997, reported favorably, as amended, by the following

 1-5     vote:  Yeas 8, Nays 5; March 19, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                             By:  Whitmire

 1-7     Amend S.B. No. 944 in SECTION 1, Section 334.902 of Chapter 334

 1-8     (page 11, line 6), by striking the last sentence commencing with

 1-9     the word "Consequently," and ending with the word "state." and

1-10     inserting the following sentence in lieu thereof:

1-11           Consequently, any provision of a contract, lease, or other

1-12     agreement between an authority, county, or municipality and a

1-13     professional sports team or club, or its owner, regarding the venue

1-14     for playing home games may be enforceable by specific performance

1-15     by the courts of this state.

1-16     COMMITTEE AMENDMENT NO. 2                             By:  Whitmire

1-17     Amend S.B. No. 944 by adding a new Section 334.903 to SECTION 1 of

1-18     the bill to read as follows:

1-19           Sec. 334.903.  SEVERABILITY.  The provisions of this chapter

1-20     shall be severable.  If any phrase, clause, sentence, or provision

1-21     of this chapter is declared to be contrary to the constitution of

1-22     this state or of the United States or the application of this

1-23     chapter to any person or circumstance is held invalid, the validity

1-24     of the remainder of this chapter and the the application thereof to

1-25     any person or circumstance shall not be affected thereby.

1-26                            A BILL TO BE ENTITLED

1-27                                   AN ACT

1-28     relating to the financing of sports venues and related

1-29     infrastructure; authorizing the imposition of certain local taxes

1-30     and the issuance of local bonds; providing civil penalties.

1-31           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-32           SECTION 1.  Subtitle C, Title 10, Local Government Code, is

1-33     amended by adding Chapter 334 to read as follows:

1-34                   CHAPTER 334.  SPORTS VENUE AUTHORITIES

1-35                      SUBCHAPTER A.  GENERAL PROVISIONS

1-36           Sec. 334.001.  DEFINITIONS.  In this chapter:

1-37                 (1)  "Approved sports venue project" means a sports

1-38     venue project that either:

1-39                       (A)  is a prior approved sports venue project; or

1-40                       (B)  has been approved under this chapter by the

1-41     voters of a sports venue authority.

1-42                 (2)  "Authority" means a sports venue authority created

1-43     under this chapter.

1-44                 (3)  "Board" means the board of directors of a sports

1-45     venue authority.

1-46                 (4)  "Governing body" means the governing body of a

1-47     municipality or the commissioners court of a county.

1-48                 (5)  "Prior approved sports venue project" means a new

1-49     or renovated stadium, arena, or other facility for a professional

1-50     baseball or football team that was approved by the voters of a

1-51     political subdivision under other law prior to the effective date

1-52     of this chapter.

1-53                 (6)  "Related infrastructure" means any store,

1-54     restaurant, concession, automobile parking facility, area

1-55     transportation facility, road, street, water or sewer facility, or

1-56     other on-site or off-site improvement that relates to and enhances

1-57     the use, value, or appeal of a sports venue and any other

1-58     expenditure reasonably necessary to construct, improve, renovate,

1-59     or expand a sports venue.

1-60                 (7)  "Sports venue" means an arena, coliseum, stadium,

1-61     or other type of area or facility:

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

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

 2-3     athletics events;

 2-4                       (B)  that is used for rodeo, agricultural, or

 2-5     livestock events, exhibitions, and fairs; and

 2-6                       (C)  for which a fee for admission to the sports

 2-7     or athletics events, other than occasional civic, charitable, or

 2-8     promotional events, is charged or is planned to be charged.

 2-9                 (8)  "Sports venue project" means a sports venue and

2-10     related infrastructure that is planned, acquired, established,

2-11     developed, constructed, or renovated under this chapter.

2-12           Sec. 334.002.  APPLICATION OF CHAPTER.  This chapter applies

2-13     only to:

2-14                 (1)  a municipality with a population of more than 1.2

2-15     million; and

2-16                 (2)  a county with a population of more than 2.2

2-17     million.

2-18           Sec. 334.003.  APPLICATION TO SPORTS VENUE CONSTRUCTED UNDER

2-19     OTHER LAW.  An authority may use this chapter for a sports venue

2-20     project relating to a sports venue and related infrastructure

2-21     planned, acquired, established, developed, constructed, or

2-22     renovated under other law, including Section 4B, Development

2-23     Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil

2-24     Statutes), or Subchapter E, Chapter 451, Transportation Code.

2-25           Sec. 334.004.  OTHER USES OF SPORTS VENUE PERMITTED.  This

2-26     chapter does not prohibit the use of a sports venue project for an

2-27     event that is not related to sports or athletics, such as a

2-28     community-related event.

2-29            (Sections 334.005 to 334.020 reserved for expansion

2-30                    SUBCHAPTER B.  SPORTS VENUE AUTHORITY

2-31           Sec. 334.021.  CREATION.  A municipality and a county may

2-32     create a sports venue authority under this chapter to plan,

2-33     acquire, establish, develop, construct, or renovate one or more

2-34     sports venue projects in the authority subject to approval by the

2-35     voters of the authority as provided in Subchapter D.

2-36           Sec. 334.022.  ORDER CREATING AUTHORITY.  A municipality and

2-37     a county may create an authority under this chapter by adopting a

2-38     concurrent ordinance and order.  A concurrent ordinance and order

2-39     must:

2-40                 (1)  contain substantially identical provisions; and

2-41                 (2)  define the boundaries of the authority to be

2-42     coextensive with the boundaries of the combined territory of the

2-43     municipality and the county.

2-44           Sec. 334.023.  POLITICAL SUBDIVISION; OPEN MEETINGS; OPEN

2-45     RECORDS.  (a)  An authority is a political subdivision of this

2-46     state.

2-47           (b)  An authority is subject to Chapters 551 and 552,

2-48     Government Code.

2-49            (Sections 334.024 to 334.030 reserved for expansion

2-50                      SUBCHAPTER C.  BOARD OF DIRECTORS

2-51           Sec. 334.031.  COMPOSITION AND APPOINTMENT OF BOARD.  (a)  An

2-52     authority is governed by a board of at least five directors,

2-53     including the chair of the board.

2-54           (b)  The board is appointed by the governing bodies of the

2-55     municipality and the county that create the authority.  The

2-56     governing bodies are entitled to appoint an equal number of

2-57     directors other than the chair, who shall be jointly appointed by

2-58     the governing bodies.

2-59           (c)  Directors serve staggered two-year terms.  A director

2-60     may be removed by the appointing governing body, and the chair may

2-61     be removed by both governing bodies acting jointly, at any time

2-62     without cause.  Successor directors are appointed in the same

2-63     manner as the appointees whom they succeed.

2-64           (d)  To qualify to serve as a director, a person other than

2-65     the chair must be a resident of the municipality or county whose

2-66     governing body appoints the person, and the chair must be a

2-67     resident of at least the county.  An employee, officer, or member

2-68     of the governing body of the municipality or county may serve as a

2-69     director but may not have a personal interest in a contract

 3-1     executed by the authority other than as an employee, officer, or

 3-2     member of the governing body of the municipality or county.

 3-3           Sec. 334.032.  COMPENSATION.  A board member is not entitled

 3-4     to compensation but is entitled to reimbursement for actual and

 3-5     necessary expenses.

 3-6           Sec. 334.033.  MEETINGS.  The board shall conduct its

 3-7     meetings in the authority.

 3-8           Sec. 334.034.  OFFICERS.  The board shall designate from

 3-9     among its members a secretary and other officers, except the chair,

3-10     that the board considers necessary.

3-11            (Sections 334.035 to 334.050 reserved for expansion

3-12                    SUBCHAPTER D.  SPORTS VENUE PROJECTS

3-13           Sec. 334.051.  AUTHORITY TO PROVIDE PROJECTS.  (a)  An

3-14     authority may provide for the planning, acquisition, establishment,

3-15     development, construction, or renovation of a sports venue project

3-16     if the project is:

3-17                 (1)  a prior approved sports venue project; or

3-18                 (2)  included in a resolution that is adopted by the

3-19     board of the authority and then approved by a majority of the

3-20     registered voters of the authority voting at an election called and

3-21     held for that purpose under Section 334.052.

3-22           (b)  The resolution shall designate the sports venue project

3-23     and each method of financing authorized by this chapter that the

3-24     authority wants to use to finance the project.  The resolution may

3-25     designate more than one method of financing.

3-26           Sec. 334.052.  ELECTION.  (a)  The board may order an

3-27     election within the authority's boundaries, which are coextensive

3-28     with the boundaries of the combined territory of the municipality

3-29     and the county that created the authority, on the question of

3-30     approving and implementing a resolution for a sports venue project,

3-31     other than a prior approved sports venue project.

3-32           (b)  The order calling the election must:

3-33                 (1)  designate the sports venue project or projects;

3-34                 (2)  if more than one sports venue project is

3-35     designated, allow the voters to vote separately on each project;

3-36                 (3)  designate each method of financing authorized by

3-37     this chapter that the authority wants to use to finance the project

3-38     and the maximum rate of each method; and

3-39                 (4)  allow the voters to vote, in the same proposition

3-40     or in separate propositions, on the method or methods of financing

3-41     authorized by this chapter that the authority wants to use to

3-42     finance the project or projects and the maximum rates of each

3-43     method or methods.

3-44           (c)  The ballot at an election held under this section must

3-45     be printed to permit voting for or against the

3-46     proposition:  "Authorizing __________________ (insert name of

3-47     authority) to _________________________ (insert description of

3-48     sports venue project) and to impose a tax ___________________

3-49     (insert type of tax or taxes) at the rate of

3-50     _________________________ (insert maximum rate or rates of each

3-51     tax) for the purpose of financing the sports venue project."

3-52           (d)  If a majority of the votes cast at the election approves

3-53     a project or projects and the method or methods of financing the

3-54     project or projects, as required, the authority may implement the

3-55     resolution.

3-56           (e)  The Election Code governs an election held under this

3-57     chapter, except that the uniform election date provisions of

3-58     Section 41.001(a), Election Code, do not apply to an election

3-59     ordered under this section.

3-60            (Sections 334.053 to 334.070 reserved for expansion

3-61                      SUBCHAPTER E.  POWERS AND DUTIES

3-62           Sec. 334.071.  GENERAL POWERS OF AUTHORITY.  (a)  An

3-63     authority may:

3-64                 (1)  perform any act necessary to the full exercise of

3-65     the authority's powers;

3-66                 (2)  accept a gift, grant, or loan from a:

3-67                       (A)  department or agency of the United States;

3-68                       (B)  department, agency, or political subdivision

3-69     of this state; or

 4-1                       (C)  public or private person;

 4-2                 (3)  acquire, sell, lease, convey, or otherwise dispose

 4-3     of property or an interest in property, including an approved

 4-4     sports venue project, under terms and conditions determined by the

 4-5     authority, provided that in any such transaction with another

 4-6     public entity, the public purpose found by the legislature in

 4-7     Section 334.074 shall be deemed adequate consideration for the

 4-8     authority and the other public entity;

 4-9                 (4)  employ necessary personnel; and

4-10                 (5)  adopt rules to govern the operation of the

4-11     authority and its employees and property.

4-12           (b)  An authority may contract with a public or private

4-13     person, including the county and municipality that created the

4-14     authority, a sports team, club, organization, or other entity, to:

4-15                 (1)  plan, acquire, establish, develop, construct, or

4-16     renovate a sports venue project under this chapter or any other

4-17     law; or

4-18                 (2)  perform any other act the authority is authorized

4-19     to perform under this chapter.

4-20           (c)  The competitive bidding laws, including Chapter 271, do

4-21     not apply to the planning, acquisition, establishment, development,

4-22     construction, or renovation of a prior approved sports venue

4-23     project that is a new stadium for a professional baseball team.

4-24           (d)  An authority may not levy an ad valorem tax.

4-25           Sec. 334.072.  SPORTS VENUE PROJECT FUND.  (a)  An authority

4-26     shall establish by resolution a fund known as the sports venue

4-27     project fund.  The authority may establish separate accounts within

4-28     the fund for the various revenue sources.

4-29           (b)  The authority shall deposit into the sports venue

4-30     project fund:

4-31                 (1)  the proceeds from any tax imposed by the

4-32     authority; and

4-33                 (2)  any other money required by law to be deposited in

4-34     the fund.

4-35           (c)  The authority may deposit into the sports venue project

4-36     fund:

4-37                 (1)  money derived from innovative funding concepts

4-38     such as the sale or lease of luxury boxes or the sale of licenses

4-39     for personal seats; and

4-40                 (2)  any other revenue derived from the approved sports

4-41     venue project, including stadium rental payments and revenue from

4-42     concessions and parking.

4-43           (d)  The authority may use money in the sports venue project

4-44     fund only to:

4-45                 (1)  pay or reimburse the costs of planning, acquiring,

4-46     establishing, developing, constructing, or renovating one or more

4-47     approved sports venue projects in the authority;

4-48                 (2)  pay the principal of, interest on, and other costs

4-49     relating to bonds or other obligations issued by the authority or

4-50     to refund bonds or other obligations; or

4-51                 (3)  pay the costs of operating or maintaining one or

4-52     more  approved sports venue projects during the planning,

4-53     acquisition, establishment, development, construction, or

4-54     renovation or while bonds or other obligations for the planning,

4-55     acquisition, establishment, development, construction, or

4-56     renovation are outstanding.

4-57           (e)  Money deposited into the sports venue project fund,

4-58     including money deposited under Subsection (c), is the property of

4-59     the authority depositing the money.

4-60           Sec. 334.073.  BONDS AND OTHER OBLIGATIONS.  (a)  With the

4-61     prior consent of the governing bodies of the municipality and the

4-62     county, an authority in which an approved sports venue project is

4-63     located may issue bonds, including revenue bonds and  refunding

4-64     bonds, or other obligations to pay the costs of the approved sports

4-65     venue project.

4-66           (b)  Proceeds from the sale of bonds or other obligations

4-67     issued by an authority to provide an approved sports venue project

4-68     shall be deposited in accordance with the documents pursuant to

4-69     which the bonds or other obligations are issued and may be used to

 5-1     reimburse the authority, or any other public or private party

 5-2     designated by the authority, for costs attributable to the project

 5-3     that were paid or incurred before the date of issuance of the bonds

 5-4     or other obligations.

 5-5           (c)  An authority is an issuer and a sports venue project is

 5-6     a public utility and an eligible project for purposes of Chapter

 5-7     656, Acts of the 68th Legislature, Regular Session, 1983 (Article

 5-8     717q, Vernon's Texas Civil Statutes).

 5-9           (d)  The bonds or other obligations and the proceedings

5-10     authorizing the bonds or other obligations shall be submitted to

5-11     the attorney general for review and approval as required by Article

5-12     3, Chapter 53, Acts of the 70th Legislature, 2nd Called Session,

5-13     1987 (Article 717k-8, Vernon's Texas Civil Statutes).

5-14           (e)  The bonds or other obligations must be payable from and

5-15     secured by the revenues in the sports venue project fund.

5-16           (f)  The bonds or other obligations may mature serially or

5-17     otherwise not more than 30 years from their date of issuance.

5-18           (g)  The bonds or other obligations are not a debt of and do

5-19     not create a claim for payment against the revenue or property of

5-20     the authority other than the revenue sources pledged to pay the

5-21     bonds or other obligations and an approved sports venue project for

5-22     which the bonds or other obligations are issued.

5-23           Sec. 334.074.  PUBLIC PURPOSE OF PROJECT.  (a)  The

5-24     legislature finds for all constitutional and statutory purposes

5-25     that an approved sports venue project is owned, used, and held for

5-26     public purposes by the authority.

5-27           (b)  Section 25.07(a), Tax Code, does not apply to a

5-28     leasehold or other possessory interest granted by the authority

5-29     while the authority owns the project.

5-30           (c)  The project is exempt from taxation under Section 11.11,

5-31     Tax Code, while the authority owns the project.

5-32            (Sections 334.075 to 334.100 reserved for expansion

5-33             SUBCHAPTER F.  SHORT-TERM MOTOR VEHICLE RENTAL TAX

5-34           Sec. 334.101.  DEFINITIONS.  (a)  In this subchapter:

5-35                 (1)  "Motor vehicle" means a self-propelled vehicle

5-36     designed principally to transport persons or property on a public

5-37     roadway and includes a passenger car, van, station wagon, sports

5-38     utility vehicle, and truck.  The term does not include a:

5-39                       (A)  trailer, semitrailer, house trailer, truck

5-40     having a manufacturer's rating of more than one-half ton, or

5-41     road-building machine;

5-42                       (B)  device moved only by human power;

5-43                       (C)  device used exclusively on stationary rails

5-44     or tracks;

5-45                       (D)  farm machine; or

5-46                       (E)  mobile office.

5-47                 (2)  "Rental" means an agreement by the owner of a

5-48     motor vehicle to authorize, for not longer than 30 days, the

5-49     exclusive use of the vehicle to another for consideration.

5-50                 (3)  "Place of business of the owner" means an

5-51     established outlet, office, or location operated by the owner of a

5-52     motor vehicle or the owner's agent or employee for the purpose of

5-53     renting motor vehicles and includes any location at which three or

5-54     more rentals are made during a year.

5-55           (b)  Except as provided by Subsection (a), words used in this

5-56     subchapter and defined by Chapter 152, Tax Code, have the meanings

5-57     assigned by Chapter 152, Tax Code.

5-58           Sec. 334.102.  TAX AUTHORIZED.  (a)  Subject to the

5-59     provisions of Section 334.112, an authority by order may impose a

5-60     tax on the rental in the authority of a motor vehicle.

5-61           (b)  An authority by order may repeal or decrease the rate of

5-62     a tax imposed under Subsection (a).

5-63           (c)  An authority may impose a tax under this subchapter only

5-64     if:

5-65                 (1)  the tax is imposed as a method of financing a

5-66     prior approved sports venue project; or

5-67                 (2)  the sports venue project and the tax are approved

5-68     at an election held under Section 334.052.

5-69           Sec. 334.103.  SHORT-TERM RENTAL TAX.  (a)  The tax

 6-1     authorized by this subchapter is imposed at a rate in increments of

 6-2     one-eighth of one percent, not to exceed five percent, on the gross

 6-3     rental receipts from the rental in the authority of a motor

 6-4     vehicle.

 6-5           (b)  The ballot proposition at an election held to adopt the

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

 6-7           Sec. 334.104.  RATE INCREASE.  An authority that has adopted

 6-8     a tax under this subchapter at a rate of less than five percent may

 6-9     by order increase the rate of the tax to a maximum of five percent

6-10     if the increase is approved by a majority of the registered voters

6-11     of the authority voting at an election called under Section

6-12     334.052.

6-13           Sec. 334.105.  COMPUTATION OF TAX.  (a)  The owner of a motor

6-14     vehicle subject to the tax imposed under this subchapter shall

6-15     collect the tax for the benefit of the authority.

6-16           (b)  The owner shall add the short-term motor vehicle rental

6-17     tax imposed by the authority under this subchapter, if applicable,

6-18     and the gross rental receipts tax imposed by Chapter 152, Tax Code,

6-19     to the rental charge, and the sum of the taxes is a part of the

6-20     rental charge, is a debt owed to the motor vehicle owner by the

6-21     person renting the vehicle, and is recoverable at law in the same

6-22     manner as the rental charge.

6-23           Sec. 334.106.  CONSUMMATION OF RENTAL.  A rental of a motor

6-24     vehicle occurs in the authority in which transfer of possession of

6-25     the motor vehicle occurs.

6-26           Sec. 334.107.  EXEMPTIONS APPLICABLE.  The exemptions

6-27     provided by Subchapter E, Chapter 152, Tax Code, apply to the tax

6-28     authorized by this subchapter.

6-29           Sec. 334.108.  NOTICE OF TAX.  Each bill or other receipt for

6-30     a rental subject to the tax imposed under this subchapter must

6-31     contain a statement in a conspicuous location stating:

6-32     "_____________________ (insert name of taxing authority) requires

6-33     that an additional tax of ____________________ percent (insert rate

6-34     of tax) be imposed on each motor vehicle rental for the purpose of

6-35     financing a sports venue project."

6-36           Sec. 334.109.  GROSS RECEIPTS PRESUMED SUBJECT TO TAX.  All

6-37     gross receipts of an owner of a motor vehicle from the rental of

6-38     the motor vehicle are presumed to be subject to the tax imposed by

6-39     this subchapter, except for gross receipts for which the owner has

6-40     accepted in good faith a properly completed exemption certificate.

6-41           Sec. 334.110.  RECORDS.  (a)  The owner of a motor vehicle

6-42     used for rental purposes shall keep for four years after the date

6-43     of rental records and supporting documents containing the following

6-44     information on the amount of:

6-45                 (1)  gross rental receipts received from the rental of

6-46     the motor vehicle; and

6-47                 (2)  the tax imposed under this subchapter and paid to

6-48     the authority on each motor vehicle used for rental purposes by the

6-49     owner.

6-50           (b)  Mileage records are not required.

6-51           Sec. 334.111.  FAILURE TO KEEP RECORDS.  (a)  An owner of a

6-52     motor vehicle commits an offense if the owner fails to make and

6-53     retain complete records for the four-year period required by

6-54     Section 334.110.

6-55           (b)  An offense under this section is a misdemeanor

6-56     punishable by a fine of not less than $25 or more than $500.

6-57           Sec. 334.112.  EFFECTIVE DATE AND DURATION OF TAX.  (a)  A

6-58     tax imposed under this subchapter or a change in the tax rate takes

6-59     effect on the date prescribed by the order imposing the tax or

6-60     changing the rate, provided that, effective October 1, 1997, as a

6-61     method of financing prior approved sports venue projects, there

6-62     shall be  imposed throughout the territory of an authority created

6-63     pursuant to this chapter a tax under this subchapter at the maximum

6-64     uniform monetary amount on each day or part of a day of a person's

6-65     rental of a motor vehicle in the territory of the authority.  If an

6-66     authority has not been created on October 1, 1997, the tax imposed

6-67     under this subchapter shall be imposed on creation of an authority.

6-68           (b)  If an authority (1) prior to October 1, 1997, or within

6-69     30 days after the date of its creation, adopts a resolution that

 7-1     rejects the tax imposed by Subsection (a) or (2) does not issue

 7-2     bonds or other obligations secured by such tax to finance a prior

 7-3     approved sports venue project within 24 months after October 1,

 7-4     1997, or the date of its creation, the tax shall be abolished.  The

 7-5     authority may not impose the tax after such bonds or other

 7-6     obligations, including any refunding bonds, are no longer

 7-7     outstanding.

 7-8           Sec. 334.113.  TAX COLLECTION; PENALTY.  (a)  The owner of a

 7-9     motor vehicle required to collect the tax imposed under this

7-10     subchapter shall report and send the taxes collected to the

7-11     authority as provided by the order imposing the tax.

7-12           (b)  An authority by order may prescribe penalties, including

7-13     interest charges, for failure to keep records required by the

7-14     authority, to report when required, or to pay the tax when due.

7-15           (c)  An attorney acting for the authority may bring suit

7-16     against a person who fails to collect a tax under this subchapter

7-17     and to pay it over to the authority as required.  The fees of such

7-18     attorney shall be assessed against such person.

7-19           Sec. 334.114.  COLLECTION PROCEDURES ON PURCHASE OF MOTOR

7-20     VEHICLE RENTAL BUSINESS.  (a)  If the owner of a motor vehicle

7-21     rental business that makes rentals subject to the tax imposed by

7-22     this subchapter sells the business, the successor to the seller or

7-23     the seller's assignee shall withhold an amount of the purchase

7-24     price sufficient to pay the amount of tax due until the seller

7-25     provides a receipt by a person designated by the authority to

7-26     provide the receipt showing that the amount has been paid or a

7-27     certificate showing that no tax is due.

7-28           (b)  The purchaser of a motor vehicle rental business who

7-29     fails to withhold an amount of the purchase price as required by

7-30     this section is liable for the amount required to be withheld to

7-31     the extent of the value of the purchase price.

7-32           (c)  The purchaser of a motor vehicle rental business may

7-33     request that the person designated by the authority to provide a

7-34     receipt under Subsection (a) issue a certificate stating that no

7-35     tax is due or issue a statement of the amount required to be paid

7-36     before a certificate may be issued.  The person designated by the

7-37     authority shall issue the certificate or statement not later than

7-38     the 60th day after the date the person receives the request.

7-39           (d)  If the person designated by the authority to provide a

7-40     receipt under Subsection (a) fails to issue the certificate or

7-41     statement within the period provided by Subsection (c), the

7-42     purchaser is released from the obligation to withhold the purchase

7-43     price or pay the amount due.

7-44           Sec. 334.115.  REIMBURSEMENT FOR TAX COLLECTION EXPENSES.  An

7-45     authority by order may permit a person who is required to collect a

7-46     tax under this subchapter to retain a percentage of the amount

7-47     collected and required to be reported as reimbursement to the

7-48     person for the costs of collecting the tax.  The authority may

7-49     provide that the person may retain the amount authorized to be

7-50     retained only if the person pays the tax and files reports as

7-51     required by the authority.

7-52           Sec. 334.116.  DEPOSIT OF TAX REVENUE.  Revenue from the tax

7-53     imposed under this subchapter shall be deposited in the sports

7-54     venue project fund of the authority imposing the tax.

7-55            (Sections 334.117 to 334.130 reserved for expansion

7-56                        SUBCHAPTER G.  ADMISSIONS TAX

7-57           Sec. 334.131.  TAX AUTHORIZED.  (a)  An authority by order

7-58     may impose a tax on each person admitted to some or all of the

7-59     events at an approved  sports venue project in the authority for

7-60     which the authority has issued bonds to plan, acquire, establish,

7-61     develop, construct, or renovate the approved sports venue project.

7-62           (b)  The authority may not impose a tax under this subchapter

7-63     for admission to an event at a sports venue that is not an approved

7-64     sports venue project or for which the authority has not issued

7-65     bonds to plan, acquire, establish, develop, construct, or renovate

7-66     the approved sports venue project.

7-67           (c)  An authority may impose a tax under this subchapter only

7-68     if:

7-69                 (1)  the sports venue project is a substantially

 8-1     completed prior approved sports venue project; or

 8-2                 (2)  the sports venue project and tax are approved at

 8-3     an election held under Section 334.052.

 8-4           Sec. 334.132.  TAX RATE. (a)  The tax authorized by this

 8-5     subchapter is imposed at the allowed tax rate on each person

 8-6     admitted.

 8-7           (b)  The amount of the tax may be imposed at any uniform

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

 8-9     percentage rate.

8-10           (c)  The ballot proposition at an election held to adopt the

8-11     tax must specify the maximum rate of the tax to be adopted.

8-12           (d)  The authority by order may repeal or decrease the rate

8-13     of the tax imposed under this subchapter.

8-14           Sec. 334.133.  RATE INCREASE.  An authority that secured

8-15     voter approval of a tax under this subchapter at a rate of less

8-16     than $2 a person may by order increase the rate of the tax to a

8-17     maximum of $2 a person if the increase is approved by a majority of

8-18     the registered voters of the authority voting at an election called

8-19     and held under Section 334.052.

8-20           Sec. 334.134.  COLLECTION.  (a)  The authority by order may

8-21     require the owner of an approved sports venue project in the

8-22     authority to collect the tax for the benefit of the authority.

8-23           (b)  An owner required to collect the tax under this section

8-24     shall add the tax to the admissions price, and the tax is a part of

8-25     the admissions price, is a debt owed to the owner of the approved

8-26     sports venue project by the person admitted, and is recoverable at

8-27     law in the same manner as the admissions charge.

8-28           (c)  The tax imposed by this subchapter is not an occupation

8-29     tax imposed on the owner of the approved sports venue project.

8-30           Sec. 334.135.  EFFECTIVE DATE AND DURATION OF TAX.  (a)  A

8-31     tax imposed under this subchapter or a change in a tax rate takes

8-32     effect on the date prescribed by the order imposing the tax or

8-33     changing the rate.

8-34           (b)  An authority may impose a tax under this subchapter only

8-35     if the authority issues bonds or other obligations under Section

8-36     334.073.  The authority may not impose the tax after such bonds or

8-37     other obligations, including any refunding bonds, are no longer

8-38     outstanding.

8-39           Sec. 334.136.  COLLECTION OF TAX.  (a)  A person required to

8-40     collect a tax imposed under this subchapter shall report and send

8-41     the taxes collected to the authority as provided by the authority

8-42     imposing the tax.

8-43           (b)  An authority by order may prescribe penalties, including

8-44     interest charges, for failure to keep records required by the

8-45     authority, to report when required, or to pay the tax when due.  An

8-46     attorney acting for the authority may bring suit against a person

8-47     who fails to collect a tax under this subchapter and to pay it over

8-48     to the authority as required.  The fees of the attorney shall be

8-49     assessed against the person.

8-50           (c)  An authority by order may permit a person who is

8-51     required to collect a tax under this subchapter to retain a

8-52     percentage of the amount collected and required to be reported as

8-53     reimbursement to the person for the costs of collecting the tax.

8-54     The authority may provide that the person may retain the amount

8-55     authorized only if the person pays the tax and files reports as

8-56     required by the authority.

8-57           Sec. 334.137.  DEPOSIT OF TAX REVENUE.  Revenue from the tax

8-58     imposed under this subchapter shall be deposited in the sports

8-59     venue project fund of the authority imposing the tax.

8-60            (Sections 334.138 to 334.180 reserved for expansion

8-61                         SUBCHAPTER H.  PARKING TAX

8-62           Sec. 334.181.  EVENT PARKING TAX.  (a)  An authority by order

8-63     may impose a tax on each motor vehicle parking in a parking

8-64     facility of, or within a prescribed distance from, an approved

8-65     sports venue project.

8-66           (b)  The authority may impose the tax on vehicles during a

8-67     period beginning not more than three hours before and ending not

8-68     more than three hours after the time an event in an approved sports

8-69     venue project is scheduled to begin.

 9-1           (c)  An authority may impose a tax under this subchapter only

 9-2     if:

 9-3                 (1)  the sports venue project is a substantially

 9-4     completed prior approved sports venue project; or

 9-5                 (2)  the sports venue project and the tax are approved

 9-6     at an election held under Section 334.052.

 9-7           Sec. 334.182.  TAX RATE.  (a)  The authority by order may

 9-8     prescribe the coverage of the tax imposed by this subchapter and

 9-9     may provide that the tax is imposed at a flat amount on each parked

9-10     motor vehicle or is imposed as a percentage of the amount charged

9-11     for event parking by the owner of the parking facility.

9-12           (b)  Regardless of the method of imposition, the amount of

9-13     the tax may not exceed $1 for each motor vehicle.

9-14           (c)  The ballot proposition at an election held to adopt the

9-15     tax must specify the maximum rate of the tax to be adopted.

9-16           (d)  The authority by order may repeal or decrease the rate

9-17     of the tax imposed under this subchapter.

9-18           Sec. 334.183.  RATE INCREASE.  An authority that secured

9-19     voter approval of a tax under this subchapter at a rate of less

9-20     than $1 a vehicle may by order increase the rate of the tax to a

9-21     maximum of $1 a vehicle if the increase is approved by a majority

9-22     of the registered voters of the authority voting at an election

9-23     called and held under Section 334.052.

9-24           Sec. 334.184.  COLLECTION.  (a)  The authority by order may

9-25     require the owner of a parking facility to collect the tax for the

9-26     benefit of the authority.

9-27           (b)  An owner required to collect the tax under this section

9-28     shall add the tax to the parking charge, and the tax is a part of

9-29     the parking charge, is a debt owed to the parking facility owner by

9-30     the person parking, and is recoverable at law in the same manner as

9-31     the parking charge.

9-32           (c)  The tax imposed by this subchapter is not an occupation

9-33     tax imposed on the owner of the parking facility.

9-34           Sec. 334.185.  EFFECTIVE DATE AND DURATION OF TAX.  (a)  A

9-35     tax imposed under this subchapter or a change in the tax rate takes

9-36     effect on the date prescribed by the order imposing the tax or

9-37     changing the rate.

9-38           (b)  An authority may impose a tax under this subchapter only

9-39     if the authority issues bonds or other obligations under Section

9-40     334.073.  The authority may not impose the tax after such bonds or

9-41     other obligations, including any refunding bonds, are no longer

9-42     outstanding.

9-43           Sec. 334.186.  COLLECTION OF TAX.  (a)  A person required to

9-44     collect a tax imposed under this subchapter shall report and send

9-45     the taxes collected to the authority as provided by the authority

9-46     imposing the tax.

9-47           (b)  An authority by order may prescribe penalties, including

9-48     interest charges, for failure to keep records required by the

9-49     authority, to report when required, or to pay the tax when due.  An

9-50     attorney acting for the authority may bring suit against a person

9-51     who fails to collect a tax under this subchapter and to pay it over

9-52     to the authority as required.  The fees of the attorney shall be

9-53     assessed against the person.

9-54           (c)  An authority by order may permit a person who is

9-55     required to collect a tax under this subchapter to retain a

9-56     percentage of the amount collected and required to be reported as

9-57     reimbursement to the person for the costs of collecting the tax.

9-58     The authority may provide that the person may retain the amount

9-59     authorized only if the person pays the tax and files reports

9-60     required by the authority.

9-61           Sec. 334.187.  DEPOSIT OF TAX REVENUE.  Revenue from the tax

9-62     imposed under this subchapter shall be deposited in the sports

9-63     venue project fund of the authority imposing the tax.

9-64            (Sections 334.188 to 334.230 reserved for expansion

9-65                    SUBCHAPTER I.  HOTEL OCCUPANCY TAXES

9-66           Sec. 334.231.  DEFINITION.  In this subchapter, "hotel" has

9-67     the meaning assigned by Section 156.001, Tax Code.

9-68           Sec. 334.232.  TAX AUTHORIZED.  (a)  Subject to the

9-69     provisions of Section 334.237, an authority by order may impose a

 10-1    tax on a person who, under a lease, concession, permit, right of

 10-2    access, license, contract, or agreement, pays for the use or

 10-3    possession, or for the right to the use or possession, of a room

 10-4    that is in a hotel, costs $2 or more each day, and is ordinarily

 10-5    used for sleeping.

 10-6          (b)  An authority may impose a tax under this subchapter only

 10-7    if:

 10-8                (1)  the tax is imposed as a method of financing a

 10-9    prior approved sports venue project; or

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

10-11    at an election held under Section 334.052.

10-12          Sec. 334.233.  TAX CODE APPLICABLE.  Sections 352.002(b) and

10-13    (c) and Sections 352.004, 352.0041, 352.005, and 352.007, Tax Code,

10-14    govern the imposition, computation, administration, collection, and

10-15    remittance of the tax authorized under this subchapter except as

10-16    inconsistent with this subchapter.

10-17          Sec. 334.234.  TAX RATE.  (a)  The tax authorized by this

10-18    subchapter may be imposed at any rate not to exceed two percent of

10-19    the price paid for a room in a hotel.

10-20          (b)  The ballot proposition at an election held to adopt the

10-21    tax must specify the maximum rate of the tax to be adopted.

10-22          Sec. 334.235.  RATE INCREASE.  An authority that has adopted

10-23    a tax under this subchapter at a rate of less than two percent may

10-24    by ordinance or order increase the rate of the tax to a maximum of

10-25    two percent if the increase is approved by a majority of the

10-26    registered voters of the authority voting at an election called

10-27    under Section 334.052.

10-28          Sec. 334.236.  NOTICE OF TAX.  Each bill or other receipt for

10-29    a hotel charge subject to the tax imposed under this subchapter

10-30    must contain a statement in a conspicuous location stating:

10-31    "___________________________ (insert name of taxing authority)

10-32    requires that an additional tax of ________ percent (insert rate of

10-33    tax) be imposed on each hotel charge for the purpose of financing a

10-34    sports venue project."

10-35          Sec. 334.237.  EFFECTIVE DATE AND DURATION OF TAX.  (a)  A

10-36    tax imposed under this subchapter or a change in the tax rate takes

10-37    effect on the date prescribed by the order imposing the tax or

10-38    changing the rate, provided that, effective October 1, 1997, as a

10-39    method of financing prior approved sports venue projects, there

10-40    shall be imposed throughout the territory of an authority created

10-41    pursuant to this chapter a tax under this subchapter at the maximum

10-42    uniform monetary amount on the use or possession of a room that is

10-43    in a hotel, costs $2 or more each day, and is ordinarily used for

10-44    sleeping.  If an authority has not been created on October 1, 1997,

10-45    the tax imposed under this subchapter shall be imposed on creation

10-46    of an authority.

10-47          (b)  If an authority (1) prior to October 1, 1997, or within

10-48    30 days after the date of its creation, adopts a resolution that

10-49    rejects the tax imposed by Subsection (a) or (2) does not issue

10-50    bonds or other obligations secured by such tax to finance a prior

10-51    approved sports venue project within 24 months after October 1,

10-52    1997, or the date of its creation, the tax shall be abolished.  The

10-53    authority may not impose the tax after such bonds or other

10-54    obligations, including any refunding bonds, are no longer

10-55    outstanding.

10-56          Sec. 334.238.  DEPOSIT OF TAX REVENUE.  Revenue from the tax

10-57    imposed under this subchapter shall be deposited in the sports

10-58    venue project fund of the authority imposing the tax.

10-59           (Sections 334.239 to 334.900 reserved for expansion

10-60                  SUBCHAPTER Z.  MISCELLANEOUS PROVISIONS

10-61          Sec. 334.901.  HISTORICALLY UNDERUTILIZED BUSINESSES.  An

10-62    authority shall make good faith efforts to meet or exceed goals for

10-63    awarding contracts or subcontracts associated with approved sports

10-64    venue projects to historically underutilized businesses.  Such

10-65    goals shall be consistent with any state law that by its terms is

10-66    applicable to approved sports venue projects.

10-67          Sec. 334.902.  SPECIFIC PERFORMANCE.  It is expressly found

10-68    and determined by the legislature that the presence of a

10-69    professional sports team in an authority, county, or municipality

 11-1    provides a unique value to such authority, county, or municipality

 11-2    that cannot be adequately measured in dollars.  It is further

 11-3    expressly found and determined that an authority, county, or

 11-4    municipality would suffer irreparable injury if a professional

 11-5    sports team ceases to play its home games in the authority, county,

 11-6    or municipality.  Consequently, any contracts, leases, or other

 11-7    agreements between an authority, county, or municipality and a

 11-8    professional sports team or club, or its owner, shall be

 11-9    enforceable by specific performance by the courts of this state.

11-10          SECTION 2.  Subchapter I, Chapter 151, Tax Code, is amended

11-11    by adding Section 151.430 to read as follows:

11-12          Sec. 151.430.  SALES AND USE TAX REFUND FOR APPROVED SPORTS

11-13    VENUE PROJECT.  (a)  A sports venue authority created under Chapter

11-14    334, Local Government Code, shall receive a rebate, refund, or

11-15    payment for the incremental increase in the proceeds of state and

11-16    local sales and use taxes paid by or collected at an approved

11-17    sports venue project, as defined in Chapter 334, Local Government

11-18    Code, located in the authority if the comptroller determines, in

11-19    response to a written request from the authority, that such rebate,

11-20    refund, or payment will not have a negative fiscal impact on state

11-21    revenues.

11-22          (b)  "Incremental increase in the proceeds of state and local

11-23    sales and use taxes" means the amount of state and local sales and

11-24    use taxes received by a taxing entity that is generated, paid, or

11-25    collected within the taxing entity's fiscal year by all businesses

11-26    operating in the approved sports venue project, after adjustment

11-27    for normal economic growth and for the effects of any change in the

11-28    rate of the tax or in the items subject to the tax, and that

11-29    exceeds the amount of those taxes generated, paid, or collected by

11-30    those businesses in the taxing entity's fiscal year preceding the

11-31    fiscal year in which the approved sports venue project is approved.

11-32          (c)  A prior approved sports venue project, as defined in

11-33    Chapter 334, Local Government Code, is deemed approved as of the

11-34    effective date of that chapter; provided, however, that if such a

11-35    project is being used by a professional baseball or football team

11-36    as of such effective date, the fiscal year in which such project

11-37    shall be deemed approved for the purposes of this section is the

11-38    first fiscal year thereafter in which neither a professional

11-39    baseball or football team used the project.

11-40          (d)  An authority shall begin receiving the rebate, refund,

11-41    or payment under this section after the expiration of the first

11-42    complete calendar quarter after the date that the approved sports

11-43    venue project is approved, or deemed approved, and the comptroller

11-44    receives written notice of such approval from the authority.  The

11-45    authority shall deposit such rebate, refund, or payment in the

11-46    sports venue project fund, as provided for in Chapter 334, Local

11-47    Government Code, and may use such money as any other money

11-48    deposited in that fund.  The authority may not receive the rebate,

11-49    refund, or payment after any bonds or other obligations, including

11-50    refunding bonds, which are secured by such money and issued to

11-51    provide financing of an approved sports venue project are no longer

11-52    outstanding.

11-53          SECTION 3.  The initial members of the board of directors of

11-54    a sports venue authority created under Chapter 334, Local

11-55    Government Code, as added by this Act, shall by lot choose one-year

11-56    or two-year terms.  If an even number of directors are appointed,

11-57    then an equal number shall have one-year terms and two-year terms.

11-58    If an odd number of directors are appointed, the number of members

11-59    to serve two-year terms shall be one more than the number to serve

11-60    one-year terms.

11-61          SECTION 4.  All acts and proceedings authorized or undertaken

11-62    by a municipality, county, or authority that were taken before the

11-63    effective date of this Act, including acts and proceedings to

11-64    create an authority, are hereby validated and confirmed in all

11-65    respects, provided that such validation and confirmation do not

11-66    apply to any act or proceeding that is subject to litigation that

11-67    is pending on the effective date of the Act.

11-68          SECTION 5.  The importance of this legislation and the

11-69    crowded condition of the calendars in both houses create an

 12-1    emergency and an imperative public necessity that the

 12-2    constitutional rule requiring bills to be read on three several

 12-3    days in each house be suspended, and this rule is hereby suspended,

 12-4    and that this Act take effect and be in force from and after its

 12-5    passage, and it is so enacted.

 12-6                                 * * * * *