LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  May 13, 1997
         
         
      TO: Honorable Kenneth Armbrister, Chair            IN RE:  House Bill No. 92, As Engrossed
          Committee on State Affairs                              By: Brimer/et al.
          Senate
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on HB92 ( Relating 
to the financing of sports and community venues and related 
infrastructure; authorizing the imposition of certain local 
taxes and the issuance of local bonds; providing penalties.) 
this office has detemined the following:
         
         Biennial Net Impact to General Revenue Funds by HB92-As Engrossed
         
The probable net fiscal impact to General Revenue Related funds 
is zero.  The Comptroller must determine that implementation 
of the bill's provisions will not have a significant negative 
fiscal impact.
         

         
 
The bill would amend the Local Government Code by adding two 
additional chapters: sports and community venues, and sports 
and community venue districts.  The new chapters would authorize 
cities or counties (or a combination) to build venues, levy 
certain taxes, and issue bonds to finance the stadiums.

A 
venue would be defined as an arena, coliseum, stadium, or other 
type of facility or area that was used, or planned for use for 
one or more professional or amateur sports events, community 
events, or other sports events, including rodeos, livestock 
shows, agricultural expositions, promotional events, and other 
civic or charitable events, and for which a fee for admission 
was charged or planned to be charged.  Also included in the 
definition of "venue" would be convention centers, auditoriums, 
theaters, museums, aquariums, certain tourist development areas, 
or any other economic development projects authorized by other 
law. 

A venue project would be defined as a venue and the 
related infrastructure that was planned, acquired, established, 
developed, constructed, or renovated under the provisions of 
the bill.  Related infrastructure would include any store, restaurant, 
on-site hotel, parking or transportation facility, road, street, 
water or sewer, or other improvement-either on-site or off-site-that 
would relate to and enhance the use, value, or appeal of a venue, 
and any other expenditure that was reasonably necessary to construct, 
improve, renovate, or expand a venue.  A municipality or county 
could use the provisions of this bill for a venue project originated 
under other law, including Section 4B, Development Corporation 
Act of 1979 or Subchapter E, Chapter 451 of the Transportation 
Code.

The Sports and Community Venue chapter of the Local 
Government Code would apply to a municipality with a population 
of more than 1.2 million and to a county with a population of 
more than 2.2 million only if the municipality and county create 
a venue district under the Sports and Community Venue District 
chapter of the Local Government Code.  

Before calling an 
election on a resolution providing for the development or construction 
of a stadium, a municipality or county would obtain from the 
Comptroller a determination that the implementation of the resolution 
would not have a significant negative fiscal impact on the state. 
 Within 15 days of receipt of the resolution, the Comptroller 
would be required to perform an analysis to determine the fiscal 
impact on the state and to provide the municipality or county 
with a written notice of the results.  Upon a finding that implementation 
would result in a significant negative fiscal impact on state 
revenue, the written notice of results would include information 
on how to change the resolution so as to avoid the significant 
negative fiscal impact.  No response from the Comptroller would 
be considered to mean that there would be no significant negative 
fiscal impact on the state.  

If the Comptroller found that 
a resolution would have a significant negative fiscal impact 
on the state, a municipality or county could contest the finding 
by filing an appeal with the Comptroller.  Within 11 days of 
receipt of an appeal, the Comptroller would be required to reply 
with the results of a new analysis.  If it was again found that 
implementation would result in a significant negative fiscal 
impact on state revenue, the written notice of the results of 
the new analysis would include information on how to change 
the resolution so as to avoid the significant negative fiscal 
impact.  No response from the Comptroller would be considered 
to mean that there would be no significant negative fiscal impact 
on the state. 

If the Comptroller determined that a resolution 
would have no significant negative fiscal impact on the state, 
a municipality or county could call an election on the proposed 
venue project.  Voters would vote for or against the authorization 
of a venue project and the imposition of one or more local taxes 
to be used to finance the project.

Further, and very similar 
to the Comptroller's determination of state impact process, 
if a resolution contained a sales and use tax and that tax would 
reduce the tax rate of a rapid transit authority, the authority 
would perform an analysis to determine if a reduction in their 
tax rate would have a significant fiscal impact on the authority's 
ability to provide services or impair any existing contracts.

Once 
approved by a majority of the voters, a municipality or county 
could proceed with the planning, acquisition, establishment, 
development, construction, or renovation of a venue project. 
 A municipality or county would be authorized to contract with 
persons (both public and private), including a sports team, 
club, or organization, to do this.  No ad valorem taxes could 
be used by municipalities or counties to plan, acquire, establish, 
develop, construct, or renovate an approved venue project.

A 
municipality or county in which a venue project had been established 
would be required to establish a Venue Project Fund (fund). 
 Into the fund would be deposited the proceeds from any taxes 
levied under the provisions of this bill; proceeds from bonds 
sold to finance a venue; proceeds from the sale of luxury boxes, 
seat licenses, stadium rental payments, or concessions or parking; 
and any other monies required by law to be deposited into the 
fund. 

Money in the fund could be used by a municipality 
or county to pay for the cost of developing or constructing 
a venue project; the principal, interest, and other costs of 
bonds issued; or the operation or maintenance of a venue project. 
 

The bill states that a venue project would be owned, used, 
and held for public purposes by the municipality or county. 
 While a facility was owned by a local government it would not 
be subject to property taxation.  If the implementation of a 
resolution resulted in a loss of school property tax, the operator 
of the venue located on the affected property would pay to the 
school district an amount, annually, equal to the amount of 
school property taxes that otherwise would have been paid.  
This provision, however, would not apply to a venue operator 
that was a political subdivision of this state.  

Several 
local option taxes would be authorized under the provisions 
of this bill.

Sales and use tax -  A municipal sales tax 
would be governed by the Municipal Sales and Use Tax Act, except 
as inconsistent with the bill.  Similarly, a county sales tax 
would be governed by the County Sales and Use Tax Act, except 
as inconsistent with the bill.  The sections of both Acts addressing 
a maximum local sales tax rate of 2 percent would apply.  Imposition 
in a city or county where certain other sales taxes are levied, 
such as transit authority, crime control district, or industrial 
development (4A or 4B), would be allowed, but, if necessary, 
the rate of one of these other entity sales taxes would be reduced 
so as to keep the total local rate less than or equal to 2 percent. 
 If the tax rate of a transit authority was reduced as a result 
of enacting a sales tax, the revenue collected could only be 
used for purposes for which the transit authority could have 
used the revenue.

Municipalities and counties would be authorized 
to levy the tax at a variety of rates not exceeding 0.5 percent. 
 Revenue from the tax would be deposited into the new Venue 
Project Fund.  The tax would be abolished once all bonds issued 
to finance a venue project had been paid in full, or the necessary 
amount of money to do so had been set aside in a trust account.

Short-term 
motor vehicle rental tax - Municipalities and counties would 
be authorized to levy a tax on the rental for 30 days or less 
of motor vehicles.  Motor vehicles would include passenger cars, 
vans, station wagons, sport utility vehicles, and trucks.  The 
tax would be imposed in increments of one-eighth of one percent, 
not to exceed 10 percent.  The owner of the rental car would 
be required to collect the taxes due under this bill and remit 
them to the appropriate local government.  The tax could only 
be levied if bonds had been issued for a venue project, and 
it would cease to be imposed upon the retirement of that debt. 
 Revenue from the tax would be deposited into the new Venue 
Project Fund.

Admissions tax and a parking tax - A tax on 
each ticket sold to an event at a sport venue project could 
be levied at a rate not to exceed 10 percent.  A tax on each 
motor vehicle parked in a facility of a sport venue project 
could be levied at an amount not to exceed $3 per vehicle.  
The owner of the project, or owner or lessee of the parking 
facility would be required to collect the tax and remit the 
revenue to the appropriate local government.  The tax could 
only be levied if bonds had been issued for a venue project, 
and it would cease to be imposed upon the retirement of that 
debt.  Revenue from the tax would be deposited into the new 
Venue Project Fund.

Facility use tax - A tax on each member 
of a major league professional sports team that played a professional 
sports game in a venue project would be authorized.  The tax 
rate could not exceed $5,000 per game.  The owner or lessee 
of the project would be required to collect the tax and remit 
the revenue to the appropriate local government.  The tax could 
only be levied if bonds had been issued for a venue project, 
and it would cease to be imposed upon the retirement of that 
debt.  Revenue from the tax would be deposited into the new 
Venue Project Fund.

Athletic events in certain municipalities 
- Municipalities with a population in excess of 500,000 located 
in a county bordering the United Mexican States would be allowed 
to imposed a tax on the short-term rental of motor vehicles 
for the purpose of operating or paying costs associated with 
a post-season intercollegiate football bowl game.

Sports 
and Community Venue Districts (combinations of municipalities 
and counties) would be allowed by this bill.  The districts 
could consist of two or more counties, two or more municipalities, 
or a combination of municipalities and a counties, and such 
districts would become a political subdivision of the state. 
 These districts would be able to do the same things as municipalities 
or counties with regard to venues and venue projects, subject 
to the same determination of fiscal impact on the state by the 
Comptroller and, if necessary, the local transit authority. 
 

The districts would be allowed to impose the same local 
option taxes discussed above and in the same manner.  A district 
would not be allowed to impose an ad valorem tax.  A district 
could use the provisions of this bill for a venue project originated 
under other law, including Section 4B, Development Corporation 
Act of 1979, or Subchapter E, Chapter 451 of the Transportation 
Code.  

The bill would amend the Development Corporation 
Act of 1979 to provide that cities that create or have created 
corporations under either Section 4A or 4B of that act would 
be allowed to submit a proposition to voters authorizing the 
use of 4A or 4B sales tax revenue for specific projects, including 
sports venues.

A municipality would be allowed to contribute 
or dedicate up to 25 percent of the sales tax revenue received 
by the municipality to pay for all or part of the costs of one 
or more venue projects in the municipality.  The contribution 
or dedication would be subject to voter approval.  A municipality 
dedicating sales tax in such a manner could direct the Comptroller 
to deposit the pledged revenue to a trust or account.  

The 
changes in law that would be made by the bill would not apply 
to the use of tax revenue pledged to secure bonds issued before 
the effective date of this bill.  Also, the bill would not affect 
the authority of a municipality that had created an industrial 
development corporation, before the effective date of this bill, 
to continue collecting any tax authorized for the benefit of 
the corporation, or to continue any project or projects, before 
that date.

Notwithstanding any other provision of the bill, 
a Comptroller fiscal analysis would not be required if, at election 
held before this bill takes effect, voters approved of the establishment 
of stadiums for professional sports teams.

This bill would 
expire August 31, 2001.

This bill would take effect immediately 
upon enactment, assuming that it received the requisite two-thirds 
majority votes in both houses of the Legislature.  Otherwise, 
it would take effect 90 days after adjournment. 
          
Methodology

The fiscal impact on the state and local governments 
would vary depending on which cities and counties would form 
authorities and, of those, what taxes the authorities would 
choose to enact under the provisions of this bill.  

The 
fiscal impact on local governments would depend on the local 
option taxes that a locality chose to impose and that a majority 
of the local voters approved.  It is possible to provide examples 
of what the impact might be for a city in Texas if that city 
were to impose the local option sales tax at certain rates to 
finance a venue project pursuant to the provisions of the bill.

Local 
Option Tax:                                        Houston  
                    Dallas                       San Antonio

Sales 
Tax @ 1/2 cent                              $106,956,000    
         $69,498,000                  $42,986,000


The fiscal 
impact on the state and on local governments in reduced property 
tax revenue would vary depending on which cities and counties 
enacted the provisions of the bill and converted taxable property 
to exempt "public-use" property.  Section 334.044 of the bill 
provides a property tax exemption for all approved sports venue 
projects owned, used, and held by a municipality or county. 
 The exemption is based on a provision that defines all such 
facilities as "public-use" property which is exempt from ad 
valorem taxation.  In addition, the bill would specifically 
exempt all leasehold or other possessory interest granted by 
the municipality or county while the municipality or county 
owns the project.
 
The bill would require an operator of 
an approved venue project to pay to a local school district 
an amount equal to the ad valorem taxes that would otherwise 
have been levied for the preceding year on the subject venue 
property, without including the value of any improvements.  
This would be payable to the district on January 1 of each year 
in which the project is in operation and in which the real property 
is exempt from ad valorem taxation.  This section does not apply 
if the operator of the project is a political subdivision of 
this state.  This section would have no effect on the calculation 
of state aid for public education.

Section 403.302, Government 
Code, requires the Comptroller to conduct a property value study 
to determine the total taxable value for each school district. 
 Total taxable value is an element in the state's school funding 
formula.  Passage of the bill could cause a reduction in a school 
district's taxable values reported to the Commissioner of Education 
by the Comptroller.

When calculating state aid for public 
education, the state must recognize the loss in local property 
value due to exemptions granted to qualified organizations within 
the school district.  Depending on a school district's wealth 
per student, this could result in an increased cost to state-funded 
public education.

The economic benefits of the type of developments 
authorized by the provisions of the bill should be positive 
over time. However, no estimate of the secondary economic benefits 
have been calculated.  Similar annual fiscal implications of 
the bill would continue as long as the provisions of the bill 
are in effect.
          
   Source:            Agencies:   304   Comptroller of Public Accounts
                                         
                      LBB Staff:   JK ,JD