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.