Amend CSSB 456 as follows:
(1) Strike Subdivision (7) of SECTION 1 of the bill (House
committee report, page 2, lines 16-23) and substitute the
following:
(7) "Local organizing committee" means a nonprofit
corporation or its successor in interest that:
(A) has been authorized by an endorsing
municipality to pursue an application and bid on the applicant's
behalf to a site selection organization for selection as the site
of one of the games; or
(B) with the authorization of an endorsing
municipality, has executed an agreement with a site selection
organization regarding a bid to host one of the games.
(2) Strike Subsection (b) of SECTION 4 of the bill (House
committee report, page 3, line 18 through page 4, line 9) and
substitute the following:
(b) If a site selection organization selects a site for the
games in this state pursuant to an application by a local
organizing committee, after the first occurrence of a measurable
economic impact in this state as a result of the preparation for
the games, as determined by the comptroller, but in no event later
than one year before the scheduled opening event of the games, the
comptroller shall determine for each subsequent calendar quarter,
in accordance with procedures developed by the comptroller:
(1) the incremental increase in the receipts to the
state from the taxes imposed under Chapters 151, 152, 156, and 183,
Tax Code, and under Title 5, Alcoholic Beverage Code, within the
market areas designated under Subsection (c) of this section, that
is directly attributable, as determined by the comptroller, to the
preparation for and presentation of the games and related events;
(2) the incremental increase in the receipts collected
by the state on behalf of the endorsing municipality from the sales
and use tax imposed by the endorsing municipality under Section
321.101(a), Tax Code, that is directly attributable, as determined
by the comptroller, to the preparation for and presentation of the
games and related events; and
(3) the incremental increase in the receipts collected
by the endorsing municipality from the municipality's hotel
occupancy tax imposed under Chapter 351, Tax Code, that is directly
attributable, as determined by the comptroller, to the preparation
for and presentation of the games and related events.
(3) In SECTION 4 of the bill (House committee report, page
4, between lines 9 and 10), insert a new Subsection (c) to read as
follows and reletter existing subsections of SECTION 4 of the bill
appropriately:
(c) For the purposes of Subsection (b)(1) of this section,
the comptroller shall designate as a market area for the games each
area in which the comptroller determines there is a reasonable
likelihood of measurable economic impact directly attributable to
the preparation for and presentation of the games and related
events, including areas likely to provide venues, accommodations,
and services in connection with the games based on the proposal
provided by the local organizing committee under Section 7 of this
Act. The comptroller shall determine the geographic boundaries of
each market area. The endorsing municipality that has been
selected as the site for the games must be included in a market
area for the games.
(4) Strike existing Subsections (e) and (f) of SECTION 4 of
the bill (House committee report, page 5, line 8 through page 6,
line 10) and substitute the following:
(f) Subject to Section 6 of this Act and Subsection (m) of
this section, the comptroller shall deposit into a trust fund
designated as the Pan American Games trust fund the amount of
municipal sales and use tax revenue retained under Subsection (d)
of this section and, at the same time, a portion of the state tax
revenue determined under Subsection (b)(1) of this section in an
amount equal to 6.25 times the amount of that municipal sales and
use tax revenue. Subject to Section 6 of this Act and Subsection
(m) of this section, the endorsing municipality shall deposit into
the trust fund the amount of the endorsing municipality's hotel
occupancy tax revenue determined under Subsection (b)(3) of this
section. The endorsing municipality shall deposit that hotel
occupancy tax revenue into the trust fund at least quarterly. When
the endorsing municipality makes a deposit of its hotel occupancy
tax revenue, the comptroller shall deposit at the same time a
portion of the state tax revenue determined under Subsection (b)(1)
of this section in an amount equal to 6.25 times the amount of that
municipal hotel occupancy tax revenue. The Pan American Games trust
fund is established outside the treasury but is held in trust by
the comptroller for the administration of this Act. Money in the
trust fund may be spent by the department without appropriation
only as provided by this Act. The comptroller shall discontinue
depositing into the trust fund any state tax revenue determined
under Subsection (b)(1) of this section on the earlier of:
(1) the end of the third calendar month following the
month in which the closing event of the games occurs; or
(2) the date on which the amount of state revenue in
the Pan American Games trust fund equals 86 percent of the maximum
amount of state and municipal tax revenue that may be deposited in
the trust fund under Subsection (m) of this section.
(5) Strike Subsection (m) of SECTION 4 of the bill (House
committee report, page 8, lines 2-8) and substitute the following:
(m) In no event may:
(1) the total amount of state and municipal tax
revenue deposited in the Pan American Games trust fund exceed $20
million; or
(2) the joint liability of the state and the endorsing
municipality under a joinder agreement and any other games support
contracts entered into pursuant to this Act exceed the lesser of:
(A) $20 million; or
(B) the total amount of revenue deposited in the
Pan American Games trust fund and interest earned on the fund.
(6) In SECTION 4 of the bill (House committee report, page
5, line 3), strike the reference to Subsection (c) of that section
and substitute a reference to Subsection (d).
(7) In SECTION 5(b) of the bill (House committee report,
page 8, lines 22-26), strike Subdivision (1) and substitute the
following:
(1) the incremental increase in the receipts to the
state from the taxes imposed under Chapter 151, Tax Code, within
the market areas designated under Subsection (c) of this section,
that is directly attributable, as determined by the comptroller, to
the preparation for and presentation of the games and related
events; and
(8) In SECTION 5 of the bill (House committee report, page
9, between lines 5 and 6), insert a new Subsection (c) to read as
follows and reletter the existing subsections of SECTION 5 of the
bill appropriately:
(c) For the purposes of Subsection (b)(1) of this section,
the comptroller shall designate as a market area for the games each
area in which the comptroller determines there is a reasonable
likelihood of measurable economic impact directly attributable to
the preparation for and presentation of the games and related
events, including areas likely to provide venues, accommodations,
and services in connection with the games based on the proposal
provided by the local organizing committee under Section 7 of this
Act. The comptroller shall determine the geographic boundaries of
each market area. The endorsing municipality that has been
selected as the site for the games must be included in a market
area for the games.
(9) Strike the first sentence of existing Subsection (e) of
SECTION 5 of the bill (House committee report, page 10, lines 3-7)
and substitute the following:
Subject to Section 6 of this Act and Subsection (m) of this
section, the comptroller shall deposit into a trust fund designated
as the Pan American Games trust fund the amount of municipal sales
and use tax revenue retained under Subsection (d) of this section
and, at the same time, a portion of the state tax revenue
determined under Subsection (b)(1) of this section in an amount
equal to 6.25 times the amount of that municipal sales and use tax
revenue.
(10) Strike Subsection (l) of SECTION 5 of the bill (House
committee report, page 12, lines 7-13) and substitute the
following:
(m) In no event may:
(1) the total amount of state and municipal tax
revenue deposited in the Olympic Games trust fund exceed $100
million; or
(2) the joint liability of the state and the endorsing
municipality under a joinder agreement and any other games support
contracts entered into pursuant to this Act exceed the lesser of:
(A) $100 million; or
(B) the total amount of revenue deposited in the
Olympic Games trust fund and interest earned on the fund.
(11) In SECTION 5 of the bill:
(A) strike the reference to Subsection (c) of that
section and substitute a reference to Subsection (d) (House
committee report, page 9, line 25);
(B) strike the reference to Subsection (f) of that
section and substitute a reference to Subsection (g) (House
committee report, page 11, line 22);
(C) strike the reference to Subsection (i) of that
section and substitute a reference to Subsection (j) (House
committee report, page 11, line 23); and
(D) strike each reference to Subsection (l) of that
section and substitute a reference to Subsection (m) (House
committee report, page 9, line 23 and page 10, line 19).
(12) In SECTION 6(a) of the bill (House committee report,
page 12, lines 16-19), strike "to determine whether the
municipality may contribute a portion of its sales and use taxes to
the Pan American Games trust fund under Section 4 of this Act or to
the Olympic Games trust fund under Section 5 of this Act" and
substitute "to determine whether the municipality may contribute a
portion of its sales and use taxes and hotel occupancy taxes to the
Pan American Games trust fund under Section 4 of this Act or a
portion of its sales and use taxes to the Olympic Games trust fund
under Section 5 of this Act".
(13) Strike Subsection (c) of SECTION 6 of the bill (House
committee report, page 13, lines 10-26) and substitute the
following:
(c) If an endorsing municipality is required to hold an
election under this section and the contribution of a portion of
the municipality's taxes to the Pan American Games trust fund or
Olympic Games trust fund, as applicable to the games for which the
endorsing municipality authorized a site selection bid on its
behalf, is not approved by a majority of the voters voting in the
election:
(1) the comptroller may not establish the Pan American
Games trust fund under Section 4 of this Act or the Olympic Games
trust fund under Section 5 of this Act, as applicable, may not
retain the municipality's municipal sales and use tax revenue under
Section 4(d) or 5(d) of this Act, as applicable, from amounts
otherwise required to be sent to that municipality under Section
321.502, Tax Code, and may not deposit any state tax revenue into
the trust fund;
(2) the comptroller is not required to determine the
incremental increase in state and municipal tax revenue under
Section 4(b) or 5(b) of this Act, as applicable; and
(3) the department may not enter into a games support
contract relating to the games for which the municipality has
authorized a bid on its behalf.