SRC-DBM, JXG S.B. 456 76(R)BILL ANALYSIS


Senate Research CenterS.B. 456
By: Madla
Economic Development
7/19/1999
Enrolled


DIGEST 

Currently, the City of San Antonio is bidding to host the 2007 Pan American
Games, while the cities of Dallas and Houston are bidding on the 2012
Olympics.  The site selection committees that review these bids require the
bidding cities to submit sufficient evidence with their bid that the state
in which the bidder is located supports the bid and is willing to grant
good faith assurances that the games will be produced in accordance with
the bid should the games be awarded to that city.  S.B. 456 will authorize
the state to provide financial support to persons and municipalities as
well as assurances that the Texas Department of Economic Development
commitments will be fulfilled to the site selection organization sponsoring
the games if a state location is the site for the 2007 Pan American Games
or the XXX Olympiad in 2012.  Financial support will be provided through a
games support contract supported by a special fund in the treasury called
the Olympics and Pan American Games Support Fund.  The fund will be
composed of incremental increases in state sales and use tax revenues that
are directly related to the games activities in the geographical area where
the games are to be presented. 

PURPOSE

As enrolled, S.B. 456 facilitates and supports cooperative efforts of
certain municipalities and counties to promote economic development by
hosting the Pan American Games and the Olympic Games. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  DEFINITIONS.  Defines "department,"  "endorsing municipality,"
"games," "games support contract," "joinder agreement," "joinder
undertaking," "local organizing committee," and "site selection
organization." 

SECTION 2.  PURPOSE.  Provides that the purpose of this Act is to provide
assurances required by a site selection organization sponsoring the games.  

SECTION 3.  LEGISLATIVE FINDINGS.  Finds that the state's conduct of the
2007 Pan American Games or 2012 Olympic Games will provide invaluable
public visibility throughout the world for this state and the communities
where the games are held; encourage and provide major economic benefits to
the state and site communities; and provide opportunities for the creation
of jobs by local and Texas businesses that pay a living wage.   

SECTION 4.  GUARANTEE OF STATE AND MUNICIPAL OBLIGATIONS; PAN AMERICAN
GAMES TRUST FUND.  (a) Defines "games," and "site selection organization."

(b) Requires the comptroller to determine for each subsequent calendar
quarter certain incremental increase in receipts, 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 game. 

(c) Requires the comptroller to 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, for the
purposes of Subsection (b)(1) of this section.  Requires the comptroller to
determine the geographic boundaries of each market area.  Requires the
endorsing municipality that has been selected as the site for the games to
be included in a market area for the games. 

(d) Requires the comptroller to retain the amount of municipal sales and
use tax revenue determined under Subsection (b)(2) of this section from the
amount otherwise required to be sent to the municipality under Section
321.502, Tax Code, beginning with the first distribution of that tax
revenue that occurs after the date the comptroller makes the determination
of the amount of municipal sales and use tax revenue under Subsection
(b)(2), subject to SECTION 6 of this Act.  Requires the comptroller to
discontinue retaining municipal sales and use tax revenue under this
subsection on the earlier of certain dates. 

(e) Authorizes an endorsing municipality to guarantee its obligations under
a games support contract and this Act by pledging surcharges from user fees
charged in connection with presentation of the games, in addition to
municipal sales and use tax revenue retained under Subsection (d) of this
section. 

(f) Requires the comptroller to deposit into a trust fund designated as the
Pan American Games trust fund (PAGTF) the amount of municipal sales and use
tax revenues retained under Subsection (d) of this section and, a portion
of the 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.  Requires the endorsing municipality to deposit into PAGTF the
amount of the endorsing municipality's hotel occupancy tax revenue
determined under Subsection (b)(3) of this section, subject to SECTION 6 of
this Act and Subsection (m) of this section. Requires the endorsing
municipality to deposit that hotel occupancy tax revenue into PAGTF at
least quarterly.  Requires the comptroller to 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, when the endorsing municipality makes a deposit of
its hotel occupancy tax revenue.  Provides that PAGTF is established
outside the treasury but is held in trust by the comptroller for the
administration of this Act.  Authorizes money in PAGTF to be spent by the
Texas Department of Economic Development (department) without appropriation
only as provided by this Act.  Requires the comptroller to discontinue
depositing into PAGTF any state tax revenue determined under Subsection
(b)(1) of this section on the earlier of a certain date.  

(g) Authorizes the department to use the funds in PAGTF only to fulfill
joint obligations of the state and the endorsing municipality to a site
selection organization under a games support contract or any other
agreement providing assurances from the department or the endorsing
municipality to a site selection organization.  

(h) Requires a local organizing committee to provide information required
by the comptroller to enable the comptroller to fulfill the comptroller's
duties under this Act.  Requires a local organizing committee to provide an
annual audited financial statement required by the comptroller no later
than the end of the fourth month after the date the period covered by the
financial statement ends. 

(i) Requires the comptroller to provide an estimate no later than September
1, 1999, of the total amount of state and municipal tax revenue that would
be designated in PAGTF before January 1, 2008, if the games were to be held
in this state at a site selected pursuant to an application by a local
organizing committee.  Requires the comptroller to provide the estimate on
request to a local organizing committee.  Authorizes a local organizing
committee to submit the comptroller's estimate to a site selection
organization. 

 (j) Prohibits the department from making a disbursement from PAGTF unless
the comptroller certifies that the disbursement is for a purpose for which
the state and the endorsing municipality are jointly obligated under a
games support contract or other agreement described by Subsection (g) of
this section. 

(k) Requires the obligation to be satisfied first out of municipal revenue
deposited in the trust fund and any interest earned on that municipal
revenue, if the comptroller certifies under Subsection (j) of this section
that a disbursement may be made from PAGTF.  Requires state revenue
deposited into the trust fund and any interest earned on that state revenue
to be used to satisfy the portion of the deficit not covered by the
municipal revenue, if the municipal  
 revenue is not sufficient to satisfy the entire deficit.
 
(l) Requires the comptroller to transfer to the general revenue fund any
money remaining in PAGTF, not to exceed the amount of state revenue
remaining in the trust fund, plus any interest earned on that state
revenue, on January 1, 2009.  Requires the comptroller to remit to the
endorsing municipality any money remaining in the trust fund after the
required amount is transferred to the general revenue fund. 

 (m) Sets forth provisions regarding state and municipal tax revenue.

SECTION 5. GUARANTEE OF STATE AND MUNICIPAL OBLIGATIONS; OLYMPIC GAMES
TRUST FUND.  (a) Defines "games" and "site selection organization." 
 
(b) Requires the comptroller to determine certain incremental increases in
the receipts for each subsequent calendar year, 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.  

(c) Requires the comptroller to 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, for the
purposes of Subsection (b)(1).  Requires the comptroller to determine the
geographic boundaries of each market area.  Requires the endorsing
municipality that has been selected as the site for the games to be
included in a market area for the games. 

 (d) Requires the comptroller to retain, for the purpose of guaranteeing
the joint obligations 
 of the state and the endorsing municipality under a games support contract
and this Act, the 
 amount of municipal sales and use tax revenue determined under Subsection
(b)(2) of this 
 section from the amounts otherwise required to be sent to the municipality
under Section 321.502, Tax Code, beginning with the first distribution of
that tax revenue that occurs after 
 the date the comptroller makes the determination of the amount of
municipal sales and use 
 tax revenue under Subsection (b)(2), subject to SECTION 6 of this Act.
Requires the comptroller to discontinue retaining municipal sales and use
tax revenue under this subsection on the earlier of a certain date. 

(e) Authorizes an endorsing municipality to guarantee its obligations under
a games support contract and this Act by pledging surcharges from user
fees, in addition to municipal sales and use tax revenue retained under
Subsection (d) of this section. 

(f) Requires the comptroller to deposit into a trust fund designated as the
Olympic Games trust fund (OGTF) the amount of municipal sales and use tax
revenue retained under Subsection (d) of this section, and 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.  Provides that OGTF is establish outside the treasury but is held
in trust by the comptroller for the administration of this Act.  Authorizes
money in the trust fund to be spent by the department without appropriation
only as provided by this Act. Requires the  comptroller to discontinue
deposit of the amount of state tax revenue determined under Subsection
(b)(1) of this section on the earlier of a certain date. 

(g) Authorizes the department to use the funds in OGTF only to fulfill
joint obligations of the state and the endorsing municipality to a
site-selection organization under a games support contract or any other
agreement providing assurances from the department or the endorsing
municipality to a site selection organization. 

(h) Requires a local organizing committee to provide information required
by the comptroller to enable the comptroller to fulfill the comptroller's
duties under this Act.  Requires a local organizing committee to provide an
annual audited financial statement required by the comptroller no later
than the end of the fourth month after the date the period covered by the
financial statement ends. 

(i) Requires the comptroller to provide an estimate before August 31, 2000,
or as soon as practical after that date, of the total amount of state and
municipal tax revenue that would be deposited in OGTF if the games were to
be held in this state at a site selected pursuant to an application by a
local organizing committee.  Authorizes a local organizing committee to
submit the comptroller's estimate to a site selection organization. 

(j) Prohibits the department from making a disbursement from OGTF unless
the comptroller certifies that the disbursement is for a purpose for which
the state and the endorsing municipality are jointly obligated under a
games support contract or other agreement described by Subsection (g) of
this section.  Prohibits a disbursement from being made from the trust fund
that the department determines would be used for the purpose of soliciting
the relocation of a professional sports located in this state. 

(k) Requires the obligation to be satisfied proportionately from the state
and municipal revenue in the trust fund, if the comptroller certifies under
Subsection (j) of this section that a disbursement may be made from OGTF. 

(l)  Requires the comptroller to transfer to the general revenue fund any
money remaining in OGTF, not to exceed the amount of state revenue
remaining in the trust fund, plus any interest earned on that state
revenue, two years after the closing event of the games.  Requires the
comptroller to remit to the endorsing municipality any money remaining in
the trust fund after the required amount is transferred to the general
revenue fund.  

(m) Sets forth prohibitions for OGTF and the joint liability of the state
and endorsing municipality. 
 
SECTION 6.  MUNICIPAL ELECTION. (a) Requires an endorsing municipality to
hold an election in the municipality to determine whether the municipality
may contribute a portion of its sales and use taxes and hotel occupancy
taxes to PAGTF under SECTION 4 of this Act or a portion of its sales and
use taxes to OGTF under SECTION 5 of this Act, as applicable to the games
for which the municipality has authorized a bid on its behalf.  Requires
the election to be held on a uniform election date that occurs after the
effective date of this Act and before the date a site selection
organization requires the endorsing municipality and the state to enter
into a joinder undertaking relating to the applicable games. 

(b) Provides that an endorsing municipality authorizing a bid on its behalf
for the 2007 Pan American Games is not required to hold an election under
this section if there is not a sufficient number of days between the
effective date of this Act and a uniform election date that occurs before
the date a site selection organization requires that the endorsing
municipality and the state enter into a joinder undertaking to allow the
municipality to submit the proposed election to the United States attorney
general for preclearance under SECTION 5 of the Voting Rights Act of 1965,
as amended (42 U.S.C. Section 1973c), at least 120 days before the
election. 

(c) Sets forth provisions regarding the election and contribution of a
portion of the  municipality's taxes to PAGTF and OGTF. 

SECTION 7.  ASSISTANCE OF DEPARTMENT AND OTHER STATE AGENCIES.  Requires
the department to review requests from a local organizing committee that
the department, on behalf of the state, enter into a games support contract
that is required by a site selection organization in connection with the
committee's bid to host any of  the games. Sets forth the information
required to be included in a request.  Requires the department to approve
or deny a request made under Subsection (a) of this section no later than
the 30th day after the request is submitted.  Authorizes the department to
agree in a joinder undertaking entered into with a site selection
organization that the department will meet certain conditions.  Authorizes
the department to agree in a joinder agreement that the state will meet
certain conditions.  Authorizes the department to agree to execute a
joinder undertaking, joinder agreement, or other games support contract
only if certain conditions exist.  Sets forth acceptable conditions for the
department's approval of a games support contract. Authorizes a games
support contract to contain any additional provisions the department
requires in order to carry out the purposes of this Act.  Authorizes the
department to require a local organizing committee to list the state as an
additional insured on any policy of insurance purchased by the local
organizing committee and required by a site selection organization to be in
effect in connection with the games.  Sets forth authorized provisions
regarding the Texas Department of Transportation, the Department of Public
Safety of the State of Texas, and the Texas Department of Housing and
Community Affairs.  Prohibits the department, notwithstanding any other
provision of this Act, from obligating the state to pay or otherwise
provide funds to cover the costs of the construction or purchase of a
building or other facility by a municipality. 

SECTION 8. APPLICATION OF OPEN MEETINGS AND OPEN RECORDS LAWS.  Provides
that a local organizing committee and its governing body are subject to
Chapters 551 and 552, Government Code.  Provides that the governing body of
a local organizing committee is considered a governmental body as defined
by those chapters, for purposes of those chapters.  Provides that the
records and information of a local organizing committee are considered
public records and public information, for purposes of Chapter 552,
Government Code.  Provides that a final bid that is submitted by a local
organizing committee to a site selection organization, or a draft of that
bid, is excepted from required public disclosure under Chapter 552,
Government Code, until the applicable site selection organization selects
the site for the applicable games.  Provides that Chapter 551, Government
Code, does not apply to a meeting of a subcommittee of the governing body
of a local organizing committee if certain conditions exist. Provides that
a tape recording made under Subsection (c) of this section is subject to
required public disclosure in the manner prescribed by Chapter 552,
Government Code, for a public record. 

SECTION 9.  TAX EXEMPTIONS FOR LOCAL ORGANIZING COMMITTEE.  Sets forth
provisions which exempt a local organizing committee from paying a federal
income tax.  Provides that the exemptions provided by Subsections (a)(1),
(2), and (3) of this section take effect on the first day of the first
month after the effective date of this Act.  Makes application of
Subsection (a)(4) prospective. 

SECTION 10.  ETHICS.  Sets forth requirements for a local organizing
committee that submits a request.  Sets forth requirements for a report
made under Subsection (a)(2)(B) of this section. Requires the endorsing
municipality for which a local organizing committee submits a request under
Section 7(a) of this Act to have certain requirements. 

SECTION 6.  BRIBERY.  Provides that a person commits an offense if certain
conditions exist. Provides that it is a defense to prosecution under
Subsection (a) of this section that the benefit conferred is a meal or
entertainment reported under Section 10(a)(2)(B) of this Act.  Provides
that it is not a defense to prosecution under Subsection (a) of this
section that a person whom the actor sought to influence was not qualified
to act as the actor intended the person to act.  Provides that it is not a
defense to prosecution under Subsection (a) of this section that the
benefit is not offered or conferred or that the benefit is not solicited or
accepted until after certain conditions.  Defines "benefit."  Provides that
an offense under this section is a felony of the second degree. 

SECTION 12.Emergency clause.
  Effective date: 90 days after adjournment.