By Coleman H.B. No. 3526
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to facilitating and supporting cooperative efforts of
1-3 municipalities and counties to promote economic development by
1-4 hosting the Olympic Games.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. DEFINITIONS. In this Act:
1-7 (1) "Department" means the Texas Department of
1-8 Economic Development.
1-9 (2) "Endorsing municipality" means a municipality that
1-10 authorizes a bid by a qualified applicant for selection of the
1-11 municipality as the site of the Games of the XXX Olympiad.
1-12 (3) "Games" means the Games of the XXX Olympiad.
1-13 (4) "Games support contract" means a contract executed
1-14 by the department and a qualified applicant containing terms
1-15 permitted or required by this Act.
1-16 (5) "Qualified applicant" means a nonprofit
1-17 corporation that:
1-18 (A) has been authorized by an endorsing
1-19 municipality to pursue an application and bid on the applicant's
1-20 behalf to the International Olympic Committee for selection as the
1-21 site of the Games of the XXX Olympiad and
2-1 (B) has executed a bid committee agreement with
2-2 the United States Olympic Committee.
2-3 (7) "Site selection date" means the date on which the
2-4 International Olympic Committee designates the site for the Games
2-5 of the XXX Olympiad.
2-6 (10) "Site selection organization" means the
2-7 International Olympic Committee.
2-8 SECTION 2. PURPOSE. The purpose of this Act is, if a location
2-9 in the state is designated as the site for the Games of the XXX
2-10 Olympiad, solely to provide financial support to the municipalities
2-11 and other persons and to provide assurances to the site selection
2-12 organization sponsoring the games that commitments made by the
2-13 state through the department in a games support contract will be
2-14 fulfilled.
2-15 SECTION 3. LEGISLATIVE FINDINGS. The conduct in this state of
2-16 the Games of the XXX Olympiad in 2012 will:
2-17 (1) provide invaluable public visibility throughout
2-18 the world for this state and the communities where the games are
2-19 held; and
2-20 (2) encourage and provide major economic benefits to
2-21 the communities where the games are held and to the entire state.
2-22 SECTION 4. OLYMPIC GAMES SUPPORT FUND. (a) If a site
2-23 selection organization selects a site for the Games of the XXX
2-24 Olympiad in this state pursuant to an application by a qualified
2-25 applicant, beginning on the first day of the first state fiscal
3-1 year that begins after the site selection date, the comptroller
3-2 shall determine for each quarter, in accordance with procedures
3-3 developed by the comptroller, the incremental increase in the state
3-4 sales and use tax receipts under Chapter 151, Tax Code, within the
3-5 market area of the qualified applicant whose site application has
3-6 been accepted by the applicable site selection organization that is
3-7 reasonably attributable to the successful application and
3-8 preparation for and the presentation of the applicable games and
3-9 related events.
3-10 (b) The comptroller shall deposit the amount determined
3-11 under Subsection (a) of this section into a special account of the
3-12 department's treasury account called the Olympic Games support
3-13 fund. The comptroller shall discontinue deposit of the amount
3-14 determined under Subsection (a) of this section at the end of the
3-15 third calendar month following the month in which the closing event
3-16 of the games occurs.
3-17 (c) The qualified applicant shall propose the geographic
3-18 boundaries of the market area to be used under Subsection (a) of
3-19 this section. The department shall approve the proposed market area
3-20 if it includes areas that are likely to be affected by the conduct
3-21 of the games the applicant is seeking, including any areas that are
3-22 likely to provide venues, accommodations, and services in
3-23 connection with the games, based on the proposal submitted by the
3-24 applicant under Section 5 of this Act.
3-25 (d) The department may use the funds in the Olympics Games
4-1 support fund to fulfill the state's obligations to a site selection
4-2 organization under a games support contract or any other agreement
4-3 providing assurances from the department to a site selection
4-4 organization.
4-5 SECTION 5. ASSISTANCE OF DEPARTMENT AND OTHER STATE AGENCIES.
4-6 (a) The department shall review requests from a qualified
4-7 applicant that the department enter into a games support contract
4-8 with the applicant.
4-9 (b) A request made under Subsection (a) of this section
4-10 must be accompanied by:
4-11 (1) a general description and summary of the games for
4-12 which a site selection is sought by the qualified applicant;
4-13 (2) a preliminary and general description of the
4-14 proposal the applicant intends to submit or has submitted to a site
4-15 selection organization;
4-16 (c) The department shall approve or deny a request made
4-17 under Subsection (a) of this section not later than the 30th day
4-18 after the date the request is submitted.
4-19 (d) The department shall approve a request and shall enter
4-20 into a games support contract with a qualified applicant if the
4-21 department determines that the applicant's proposal is reasonable
4-22 and, if completed and submitted, would substantially meet the
4-23 criteria for proposals established by the applicable site selection
4-24 organization.
4-25 (e) The department may agree in a games support contract to
5-1 provide to the applicable site selection organization written
5-2 assurances on behalf of the state and the qualified applicant that,
5-3 if the applicant's proposal is accepted and the site identified in
5-4 the proposal is selected, and if necessary in addition to funds
5-5 provided by the qualified applicant, funds will be provided by the
5-6 state but limited to the money on deposit in the Olympic Games fund
5-7 to assure the site selection organization that the state will
5-8 support the proposal if necessary.
5-9 (f) A games support contract may contain any additional
5-10 provisions the department requires in order to carry out the
5-11 purposes of this Act.
5-12 SECTION 6. GOVERNMENTAL FUNCTIONS. An action taken or an
5-13 activity conducted under this Act by a qualified applicant, the
5-14 department or other state agency, a participating municipality or
5-15 county, or a regional games support authority is declared to be an
5-16 essential governmental function and is not a proprietary function
5-17 for the purposes of the laws of this state.
5-18 SECTION 7. EMERGENCY. The importance of this legislation and
5-19 the crowded condition of the calendars in both houses create an
5-20 emergency and an imperative public necessity that the
5-21 constitutional rule requiring bills to be read on three several
5-22 days in each house be suspended, and this rule is hereby suspended,
5-23 and that this Act take effect and be in force from and after its
5-24 passage, and it is so enacted.