By West                                         S.B. No. 1724

      75R7668 CBH-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the financing of sports venues, other projects, and

 1-3     related infrastructure; authorizing the imposition of certain local

 1-4     taxes and the issue of local bonds; providing penalties.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Subtitle C, Title 10, Local Government Code, is

 1-7     amended by adding Chapter 334 to read as follows:

 1-8               CHAPTER 334.  SPORTS VENUES AND OTHER PROJECTS

 1-9                      SUBCHAPTER A.  GENERAL PROVISIONS

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

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

1-12     venue project or other project authorized by Section 334.002 that

1-13     has been approved under this chapter by the voters of a

1-14     municipality or county.

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

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

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

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

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

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

1-21     enhances the use, value, or appeal of a sports venue or other

1-22     project authorized by Section 334.002 and any other expenditure

1-23     reasonably necessary to construct, improve, renovate, or expand a

1-24     sports venue or other project.

 2-1                 (4)  "Sports venue" means an arena, coliseum, stadium,

 2-2     or other type of area or facility:

 2-3                       (A)  that is primarily used or is planned for

 2-4     primary use for one or more professional or amateur sports or

 2-5     athletics events; and

 2-6                       (B)  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                 (5)  "Sports venue project" means a sports venue or

2-10     other project authorized by Section 334.002 and related

2-11     infrastructure that is planned, acquired, established, developed,

2-12     constructed, or renovated under this chapter.

2-13           Sec. 334.002.  OTHER PROJECTS.  A county or municipality may

2-14     use this chapter for a project allowed by Section 4B, Development

2-15     Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil

2-16     Statutes), or Subchapter E, Chapter 451, Transportation Code.

2-17           Sec. 334.003.  OTHER USES OF SPORTS VENUE PERMITTED.  This

2-18     chapter does not prohibit the use of a sports venue for an event

2-19     that is not related to sports or athletics, such as a

2-20     community-related event.

2-21              (Sections 334.004-334.020 reserved for expansion

2-22                    SUBCHAPTER B.  SPORTS VENUE PROJECTS

2-23           Sec. 334.021.  RESOLUTION AUTHORIZING PROJECT.  (a)  A county

2-24     or municipality by resolution may provide for the  planning,

2-25     acquisition, establishment, development, construction, or

2-26     renovation of a sports venue project if the resolution is approved

2-27     by a majority of the qualified voters of the municipality or county

 3-1     voting at an election called and held for that purpose under

 3-2     Section 334.022.

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

 3-4     and the maximum rate of the sales and use tax to be imposed to

 3-5     finance the project.

 3-6           Sec. 334.022.  ELECTION.  (a)  The governing body of the

 3-7     municipality or county may order an election on the question of

 3-8     approving and implementing the resolution.

 3-9           (b)  The order calling the election must:

3-10                 (1)  allow the voters to vote separately on each sports

3-11     venue project;

3-12                 (2)  designate the sports venue project; and

3-13                 (3)  designate the maximum rate of the sales and use

3-14     tax to be imposed to finance the project.

3-15           (c)  The ballot at the election held under this section must

3-16     be printed to permit voting for or against the proposition:

3-17     "Authorizing ________ (insert name of municipality or county) to

3-18     _______ (insert description of sports venue project) and to impose

3-19     a sales and use tax at the rate of ________ of one percent (insert

3-20     one-eighth, one-fourth, three-eighths, or one-half, as appropriate)

3-21     for the purpose of financing the project."

3-22           (d)  The Election Code governs an election held under this

3-23     chapter, except that the uniform election date provisions of

3-24     Section 41.001(a), Election Code, do not apply to an election

3-25     ordered under this section.

3-26              (Sections 334.023-334.040 reserved for expansion

 4-1                      SUBCHAPTER C.  POWERS AND DUTIES

 4-2           Sec. 334.041.  GENERAL POWERS.  (a)  A municipality or county

 4-3     may  perform any act necessary to the full exercise of the

 4-4     municipality's or county's powers under this chapter.

 4-5           (b)  A municipality or county may acquire, sell, lease,

 4-6     convey, or otherwise dispose of property or an interest in

 4-7     property, including an approved sports venue project, under terms

 4-8     and conditions determined by the municipality or county.

 4-9           (c)  A municipality or county may contract with a public or

4-10     private person, including a sports team, club, organization, or

4-11     other entity to:

4-12                 (1)  plan, acquire, establish, develop, construct, or

4-13     renovate an approved sports venue project; or

4-14                 (2)  perform any other act the municipality or county

4-15     is authorized to perform under this chapter.

4-16           (d)  If a municipality or county contracts with a sports team

4-17     or club for the construction, renovation, or operation of an

4-18     approved sports venue project, the municipality or county is not a

4-19     party to a subsequent contract between the team or club and another

4-20     person relating to the project.  The competitive bidding laws,

4-21     including Chapter 271, Local Government Code, do not apply to a

4-22     contract between a team or club and another person under this

4-23     subsection.

4-24           Sec. 334.042.  SPORTS VENUE PROJECT FUND.  (a)  A

4-25     municipality or county in which an approved sports venue project is

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

4-27     venue project fund.

 5-1           (b)  The municipality or county shall deposit into the sports

 5-2     venue project fund:

 5-3                 (1)  the proceeds of the sales and use tax imposed by

 5-4     the municipality or county under this chapter;

 5-5                 (2)  all revenue from the sale of bonds or other

 5-6     obligations by the municipality or county under this chapter; and

 5-7                 (3)  any other money required by law to be deposited in

 5-8     the fund.

 5-9           (c)  The municipality or county may deposit into the sports

5-10     venue project fund:

5-11                 (1)  money derived from innovative funding concepts

5-12     such as the sale or lease of luxury boxes or the sale of licenses

5-13     for personal seats; and

5-14                 (2)  any other revenue derived from the approved sports

5-15     venue project, including stadium rental payments and revenue from

5-16     concessions and parking.

5-17           (d)  The municipality or county may use money in the sports

5-18     venue project fund to:

5-19                 (1)  pay the costs of planning, acquiring,

5-20     establishing, developing, constructing, or renovating one or more

5-21     approved sports venue projects in the municipality or county;

5-22                 (2)  pay the principal of, interest on, and other costs

5-23     relating to bonds or other obligations issued by the municipality

5-24     or county or to refund bonds, notes, or other obligations; or

5-25                 (3)  pay the costs of operating or maintaining one or

5-26     more approved sports venue projects during the planning,

5-27     acquisition, establishment, development, construction, or

 6-1     renovation or while bonds, notes, or other obligations for the

 6-2     planning, acquisition, establishment, development, construction, or

 6-3     renovation are outstanding.

 6-4           (e)  Money deposited into the sports venue project fund,

 6-5     including money deposited under Subsection (b)(3), is the property

 6-6     of the municipality or county depositing the money.

 6-7           Sec. 334.043.  BONDS AND OTHER OBLIGATIONS.  (a)  A

 6-8     municipality or county in which an approved sports venue project is

 6-9     located may issue bonds, including revenue bonds and refunding

6-10     bonds,  or other obligations to pay the costs of the approved

6-11     sports venue project.

6-12           (b)  The bonds or other obligations and the proceedings

6-13     authorizing the bonds or other obligations shall be submitted to

6-14     the attorney general for review and approval as required by Article

6-15     3, Chapter 53, Acts of the 70th Legislature, 2nd Called Session,

6-16     1987 (Article 717k-8, Vernon's Texas Civil Statutes).

6-17           (c)  The bonds or other obligations must be payable from and

6-18     secured by the revenues in the sports venue project fund.

6-19           (d)  The bonds or other obligations may mature serially or

6-20     otherwise not more than four years from their date of issuance.

6-21           (e)  The bonds or other obligations are not a debt of and do

6-22     not create a claim for payment against the revenue or property of

6-23     the municipality or county other than an approved sports venue

6-24     project for which the bonds are issued.

6-25           Sec. 334.044.  PUBLIC PURPOSE OF PROJECT.  (a)  The

6-26     legislature finds for all constitutional and statutory purposes

6-27     that an approved sports venue project is owned, used, and held for

 7-1     public purposes by the municipality or county.

 7-2           (b)  Section 25.07(a), Tax Code, does not apply to a

 7-3     leasehold or other possessory interest granted by the municipality

 7-4     or county while the municipality or county owns the project.

 7-5           (c)  The project is exempt from taxation under Section 11.11,

 7-6     Tax Code, while the municipality or county owns the project.

 7-7              (Sections 334.045-334.080 reserved for expansion

 7-8                      SUBCHAPTER D.  SALES AND USE TAX

 7-9           Sec. 334.081.  SALES AND USE TAX.  (a)  A municipality by

7-10     ordinance or a county by order may impose a sales and use tax under

7-11     this subchapter.

7-12           (b)  A municipality by ordinance or a county by order may

7-13     repeal or decrease the rate of a tax imposed under this subchapter.

7-14           (c)  A municipality or county may impose a tax under this

7-15     subchapter only if:

7-16                 (1)  an approved sports venue project is or is planned

7-17     to be located in the municipality or county; and

7-18                 (2)  the tax is approved at an election held under

7-19     Section 334.022.

7-20           Sec. 334.082.  TAX CODE APPLICABLE.  (a)  Chapter 321, Tax

7-21     Code, governs the imposition, computation, administration,

7-22     collection, and remittance of a municipal tax authorized under this

7-23     subchapter except as inconsistent with this subchapter.

7-24           (b)  Chapter 323, Tax Code, governs the imposition,

7-25     computation, administration, collection, and remittance of a county

7-26     tax authorized under this subchapter except as inconsistent with

7-27     this subchapter.

 8-1           (c)  Section 321.101(f), Tax Code, and Sections 323.101(b)

 8-2     and (d), Tax Code, do not apply to the tax authorized by this

 8-3     subchapter.

 8-4           Sec. 334.083.  TAX RATE.  (a)  The rate of a tax adopted

 8-5     under this subchapter must be one-eighth, one-fourth,

 8-6     three-eighths, or one-half of one percent.

 8-7           (b)  The ballot proposition at the election held to adopt the

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

 8-9           Sec. 334.084.  RATE INCREASE.  (a)  A municipality or county

8-10     that has adopted a sales and use tax under this subchapter at a

8-11     rate of less than one-half of one percent may by ordinance or order

8-12     increase the rate of the tax if the increase is approved by a

8-13     majority of the registered voters of that municipality or county

8-14     voting at an election called and held for that purpose.

8-15           (b)  The tax may be increased under Subsection (a) in one or

8-16     more increments of one-eighth of one percent to a maximum of

8-17     one-half of one percent.

8-18           (c)  The ballot for an election to increase the tax shall be

8-19     printed to permit voting for or against the proposition:  "The

8-20     adoption of a sales and use tax for the purpose of financing

8-21     _______ (insert description of sports venue project) at the rate of

8-22     _______ of one percent (insert one-fourth, three-eighths, or

8-23     one-half, as appropriate)."

8-24           Sec. 334.085.  IMPOSITION OF TAX.  (a)  If the municipality

8-25     or county adopts the tax, a tax is imposed on the receipts from the

8-26     sale at retail of taxable items in the municipality or county at

8-27     the rate approved at the election.

 9-1           (b)  There is also imposed an excise tax on the use, storage,

 9-2     or other consumption in the municipality or county of tangible

 9-3     personal property purchased, leased, or rented from a retailer

 9-4     during the period that the tax is effective in the municipality or

 9-5     county.  The rate of the excise tax is the same as the rate of the

 9-6     sales tax portion of the tax and is applied to the sale price of

 9-7     the tangible personal property.

 9-8           Sec. 334.086.  EFFECTIVE DATE OF TAX.  The adoption of the

 9-9     tax or the change of the tax rate takes effect on the first day of

9-10     the first calendar quarter occurring after the expiration of the

9-11     first complete quarter occurring after the date on which the

9-12     comptroller receives a notice of the results of the election

9-13     adopting or increasing the tax or of the ordinance or order

9-14     decreasing the tax.

9-15           Sec. 334.087.  DEPOSIT OF TAX REVENUES.  Revenue from the tax

9-16     imposed under this subchapter shall be deposited in the sports

9-17     venue project fund of the municipality or county imposing the tax.

9-18           Sec. 334.088.  ABOLITION OF TAX.  (a)  A sales and use tax

9-19     imposed under this subchapter may not be collected after the last

9-20     day of  the first calendar quarter occurring after notification to

9-21     the comptroller by the municipality or county that the municipality

9-22     or county has abolished the tax or that all bonds or other

9-23     obligations of the municipality or county that are payable in whole

9-24     or in part from money in the sports venue project fund, including

9-25     any refunding bonds or other obligations, have been paid in full or

9-26     the full amount of money, exclusive of guaranteed interest,

9-27     necessary to pay in full the bonds and other obligations has been

 10-1    set aside in a trust account dedicated to the payment of the bonds

 10-2    and other obligations.

 10-3          (b)  The municipality or county shall notify the comptroller

 10-4    of the expiration of the tax not later than the 60th day before the

 10-5    expiration date.

 10-6          SECTION 2.  The importance of this legislation and the

 10-7    crowded condition of the calendars in both houses create an

 10-8    emergency and an imperative public necessity that the

 10-9    constitutional rule requiring bills to be read on three several

10-10    days in each house be suspended, and this rule is hereby suspended,

10-11    and that this Act take effect and be in force from and after its

10-12    passage, and it is so enacted.