76R14780 AJA-D                          
         By Madla, et al.                                       S.B. No. 456
         Substitute the following for S.B. No. 456:
         By Wolens                                          C.S.S.B. No. 456
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to facilitating and supporting efforts of certain
 1-3     municipalities to promote economic development by hosting the Pan
 1-4     American Games and the Olympic Games; providing a penalty.
 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     has a population of 850,000 or more according to the most recent
1-11     federal decennial census and that authorizes a bid by a local
1-12     organizing committee for selection of the municipality as the site
1-13     of the 2007 Pan American Games or the 2012 Olympic Games.
1-14                 (3)  "Games" means the 2007 Pan American Games or the
1-15     2012 Olympic Games.
1-16                 (4)  "Games support contract" means a joinder
1-17     undertaking, a joinder agreement, or a similar contract executed by
1-18     the department and containing terms permitted or required by this
1-19     Act.
1-20                 (5)  "Joinder agreement" means an agreement entered
1-21     into by:
1-22                       (A)  the department on behalf of this state and a
1-23     site selection organization setting out representations and
1-24     assurances by the state in connection with the selection of a site
 2-1     in this state for the location of any of the games; or
 2-2                       (B)  an endorsing municipality and a site
 2-3     selection organization setting out representations and assurances
 2-4     by the endorsing municipality in connection with the selection of a
 2-5     site in this state for the location of any of the games.
 2-6                 (6)  "Joinder undertaking" means an agreement entered
 2-7     into by:
 2-8                       (A)  the department on behalf of this state and a
 2-9     site selection organization that the state will execute a joinder
2-10     agreement in the event that the site selection organization selects
2-11     a site in this state for any of the games; or
2-12                       (B)  an endorsing municipality and a site
2-13     selection organization that the municipality will execute a joinder
2-14     agreement in the event that the site selection organization selects
2-15     a site in this state for any of the games.
2-16                 (7)  "Local organizing committee" means a nonprofit
2-17     corporation or its successor in interest that:
2-18                       (A)  has been authorized by an endorsing
2-19     municipality to pursue an application and bid on the applicant's
2-20     behalf to a site selection organization for selection as the site
2-21     of one of the games; or
2-22                       (B)  has executed an agreement with a site
2-23     selection organization regarding a bid to host one of the games.
2-24                 (8)  "Site selection organization" means the United
2-25     States Olympic Committee, the International Olympic Committee, or
2-26     the Pan American Sports Organization.
2-27           SECTION 2.  PURPOSE.  The purpose of this Act is to provide
 3-1     assurances required by a site selection organization sponsoring the
 3-2     games.
 3-3           SECTION 3.  LEGISLATIVE FINDINGS.  The conduct in this state
 3-4     of the 2007 Pan American Games or the 2012 Olympic Games will:
 3-5                 (1)  provide invaluable public visibility throughout
 3-6     the world for this state and the communities where the games are
 3-7     held;
 3-8                 (2)  encourage and provide major economic benefits to
 3-9     the communities where the games are held and to the entire state;
3-10     and
3-11                 (3)  provide job creation opportunities for local and
3-12     Texas businesses.
3-13           SECTION 4.  GUARANTEE OF STATE AND MUNICIPAL OBLIGATIONS; PAN
3-14     AMERICAN GAMES TRUST FUND.  (a)  In this section:
3-15                 (1)  "Games" means the 2007 Pan American Games.
3-16                 (2)  "Site selection organization" means the United
3-17     States Olympic Committee or the Pan American Sports Organization.
3-18           (b)  If a site selection organization selects a site for the
3-19     games in this state pursuant to an application by a local
3-20     organizing committee, after the first occurrence of a measurable
3-21     economic impact in this state as a result of the preparation for
3-22     the games, as determined by the comptroller, but in no event later
3-23     than one year before the scheduled opening event of the games, the
3-24     comptroller shall determine for each subsequent calendar quarter,
3-25     in accordance with procedures developed by the comptroller:
3-26                 (1)  the incremental increase in the receipts to the
3-27     state from the taxes imposed within the endorsing municipality
 4-1     under Chapter 151, Tax Code, that is directly attributable, as
 4-2     determined by the comptroller, to the preparation for and
 4-3     presentation of the games and related events; and
 4-4                 (2)  the incremental increase in the receipts collected
 4-5     by the state on behalf of the endorsing municipality from the sales
 4-6     and use tax imposed by the endorsing municipality under Section
 4-7     321.101(a), Tax Code, that is directly attributable, as determined
 4-8     by the comptroller, to the preparation for and presentation of the
 4-9     games and related events.
4-10           (c)  Subject to Section 6 of this Act, the comptroller shall
4-11     retain, for the purpose of guaranteeing the joint obligations of
4-12     the state and the endorsing municipality under a games support
4-13     contract and this Act, the amount of municipal sales and use tax
4-14     revenue determined under Subsection (b)(2) of this section from the
4-15     amounts otherwise required to be sent to the municipality under
4-16     Section 321.502, Tax Code, beginning with the first distribution of
4-17     that tax revenue that occurs after the date the comptroller makes
4-18     the determination of the amount of municipal sales and use tax
4-19     revenue under Subsection (b)(2).  The comptroller shall discontinue
4-20     retaining municipal sales and use tax revenue under this subsection
4-21     on the earlier of:
4-22                 (1)  the end of the third calendar month following the
4-23     month in which the closing event of the games occurs; or
4-24                 (2)  the date the amount of municipal sales and use tax
4-25     revenue and municipal hotel occupancy tax revenue in the Pan
4-26     American Games trust fund equals 14 percent of the maximum amount
4-27     of state and municipal tax revenue that may be deposited in the
 5-1     trust fund under Subsection (m) of this section.
 5-2           (d)  In addition to municipal sales and use tax revenue
 5-3     retained under Subsection (c) of this section, an endorsing
 5-4     municipality may guarantee its obligations under a games support
 5-5     contract and this Act by pledging surcharges from user fees,
 5-6     including parking or ticket fees, charged in connection with
 5-7     presentation of the games.
 5-8           (e)  Subject to Section 6 of this Act, the comptroller shall
 5-9     deposit the amount of state tax revenue determined under Subsection
5-10     (b)(1) of this section and the amount of municipal sales and use
5-11     tax revenue retained under Subsection (c) of this section into a
5-12     trust fund designated as the Pan American Games trust fund.  The
5-13     trust fund is established outside the treasury but is held in trust
5-14     by the comptroller for the administration of this Act.  Money in
5-15     the trust fund may be spent by the department without appropriation
5-16     only as provided by this Act.  The comptroller shall discontinue
5-17     deposit of the amount of state tax revenue determined under
5-18     Subsection (b)(1) of this section on the earlier of:
5-19                 (1)  the end of the third calendar month following the
5-20     month in which the closing event of the games occurs; or
5-21                 (2)  the date the amount of state revenue in the Pan
5-22     American Games trust fund equals 86 percent of the maximum amount
5-23     of state and municipal tax revenue that may be deposited in the
5-24     trust fund under Subsection (m) of this section.
5-25           (f)  The endorsing municipality may deposit into the Pan
5-26     American Games trust fund any amount of available revenue from the
5-27     municipality's hotel occupancy tax imposed under Chapter 351, Tax
 6-1     Code.  Deposit of that revenue into the trust fund is considered an
 6-2     authorized use of the revenue for purposes of Chapter 351, Tax
 6-3     Code.  The comptroller shall credit any amount of municipal hotel
 6-4     occupancy tax revenue deposited by the endorsing municipality into
 6-5     the trust fund toward the amounts otherwise required to be retained
 6-6     under Subsection (c) of this section from the municipality's sales
 6-7     and use tax revenue and shall reduce the amount of the
 6-8     municipality's sales and use tax revenue retained under Subsection
 6-9     (c) from the next distribution of that revenue to the municipality
6-10     under Section 321.502, Tax Code.
6-11           (g)  The department may use the funds in the Pan American
6-12     Games trust fund only to fulfill joint obligations of the state and
6-13     the endorsing municipality to a site selection organization under a
6-14     games support contract or any other agreement providing assurances
6-15     from the department or the endorsing municipality to a site
6-16     selection organization.
6-17           (h)  A local organizing committee shall provide information
6-18     required by the comptroller to enable the comptroller to fulfill
6-19     the comptroller's duties under this Act, including annual audited
6-20     statements of the local organizing committee's financial records
6-21     required by a site selection organization and data obtained by the
6-22     local organizing committee relating to attendance at the games and
6-23     to the economic impact of the games.  A local organizing committee
6-24     must provide an annual audited financial statement required by the
6-25     comptroller not later than the end of the fourth month after the
6-26     date the period covered by the financial statement ends.
6-27           (i)  The comptroller shall provide an estimate before August
 7-1     31, 1999, of the total amount of state and municipal tax revenue
 7-2     that would be deposited in the Pan American Games trust fund before
 7-3     January 1, 2008, if the games were to be held in this state at a
 7-4     site selected pursuant to an application by a local organizing
 7-5     committee.  The comptroller shall provide the estimate on request
 7-6     to a local organizing committee.  A local organizing committee may
 7-7     submit the comptroller's estimate to a site selection organization.
 7-8           (j)  The department may not make a disbursement from the Pan
 7-9     American Games trust fund unless the comptroller certifies that the
7-10     disbursement is for a purpose for which the state and the endorsing
7-11     municipality are jointly obligated under a games support contract
7-12     or other agreement described by Subsection (g) of this section.
7-13           (k)  If the comptroller certifies under Subsection (j) of
7-14     this section that a disbursement may be made from the Pan American
7-15     Games trust fund, the obligation shall be satisfied first out of
7-16     municipal revenue deposited in the trust fund and any interest
7-17     earned on that municipal revenue.  If the municipal revenue is not
7-18     sufficient to satisfy the entire deficit, state revenue deposited
7-19     into the trust fund and any interest earned on that state revenue
7-20     shall be used to satisfy the portion of the deficit not covered by
7-21     the municipal revenue.
7-22           (l)  On January 1, 2009, the comptroller shall transfer to
7-23     the general revenue fund any money remaining in the Pan American
7-24     Games trust fund, not to exceed the amount of state revenue
7-25     remaining in the trust fund, plus any interest earned on that state
7-26     revenue.  The comptroller shall remit to the endorsing municipality
7-27     any money remaining in the trust fund after the required amount is
 8-1     transferred to the general revenue fund.
 8-2           (m)  In no event may:
 8-3                 (1)  the total amount of state and municipal tax
 8-4     revenue deposited in the Pan American Games trust fund exceed $20
 8-5     million; or
 8-6                 (2)  the joint liability of the state and the endorsing
 8-7     municipality under a joinder agreement and any other games support
 8-8     contracts entered into pursuant to this Act exceed $20 million.
 8-9           SECTION 5.  GUARANTEE OF STATE AND MUNICIPAL OBLIGATIONS;
8-10     OLYMPIC GAMES TRUST FUND.  (a)  In this section:
8-11                 (1)  "Games" means the 2012 Olympic Games.
8-12                 (2)  "Site selection organization" means the United
8-13     States Olympic Committee or the International Olympic Committee.
8-14           (b)  If a site selection organization selects a site for the
8-15     games in this state pursuant to an application by a local
8-16     organizing committee, after the first occurrence of a measurable
8-17     economic impact in this state as a result of the preparation for
8-18     the games, as determined by the comptroller, but in no event later
8-19     than one year before the scheduled opening event of the games, the
8-20     comptroller shall determine for each subsequent calendar quarter,
8-21     in accordance with procedures developed by the comptroller:
8-22                 (1)  the incremental increase in the receipts to the
8-23     state from the taxes imposed within the endorsing municipality
8-24     under Chapter 151, Tax Code, that is directly attributable, as
8-25     determined by the comptroller, to the preparation for and
8-26     presentation of the games and related events; and
8-27                 (2)  the incremental increase in the receipts collected
 9-1     by the state on behalf of the endorsing municipality from the sales
 9-2     and use tax imposed by the endorsing municipality under Section
 9-3     321.101(a), Tax Code, that is directly attributable, as determined
 9-4     by the comptroller, to the preparation for and presentation of the
 9-5     games and related events.
 9-6           (c)  Subject to Section 6 of this Act, the comptroller shall
 9-7     retain, for the purpose of guaranteeing the joint obligations of
 9-8     the state and the endorsing municipality under a games support
 9-9     contract and this Act, the amount of municipal sales and use tax
9-10     revenue determined under Subsection (b)(2) of this section from the
9-11     amounts otherwise required to be sent to the municipality under
9-12     Section 321.502, Tax Code, beginning with the first distribution of
9-13     that tax revenue that occurs after the date the comptroller makes
9-14     the determination of the amount of municipal sales and use tax
9-15     revenue under Subsection (b)(2).  The comptroller shall discontinue
9-16     retaining municipal sales and use tax revenue under this subsection
9-17     on the earlier of:
9-18                 (1)  the end of the third calendar month following the
9-19     month in which the closing event of the games occurs; or
9-20                 (2)  the date the amount of municipal sales and use tax
9-21     revenue in the Olympic Games trust fund equals 14 percent of the
9-22     maximum amount of state and municipal tax revenue that may be
9-23     deposited in the trust fund under Subsection (l) of this section.
9-24           (d)  In addition to municipal sales and use tax revenue
9-25     retained under Subsection (c) of this section, an endorsing
9-26     municipality may guarantee its obligations under a games support
9-27     contract and this Act by pledging surcharges from user fees,
 10-1    including parking or ticket fees, charged in connection with
 10-2    presentation of the games.
 10-3          (e)  Subject to Section 6 of this Act, the comptroller shall
 10-4    deposit the amount of state tax revenue determined under Subsection
 10-5    (b)(1) of this section and the amount of municipal sales and use
 10-6    tax revenue retained under Subsection (c) of this section into a
 10-7    trust fund designated as the Olympic Games trust fund.  The trust
 10-8    fund is established outside the treasury but is held in trust by
 10-9    the comptroller for the administration of this Act.  Money in the
10-10    trust fund may be spent by the department without appropriation
10-11    only as provided by this Act.  The comptroller shall discontinue
10-12    deposit of the amount of state tax revenue determined under
10-13    Subsection (b)(1) of this section on the earlier of:
10-14                (1)  the end of the third calendar month following the
10-15    month in which the closing event of the games occurs; or
10-16                (2)  the date the amount of state revenue in the
10-17    Olympic Games trust fund equals 86 percent of the maximum amount of
10-18    state and municipal tax revenue that may be deposited in the trust
10-19    fund under Subsection (l) of this section.
10-20          (f)  The department may use the funds in the Olympic Games
10-21    trust fund only to fulfill joint obligations of the state and the
10-22    endorsing municipality to a site selection organization under a
10-23    games support contract or any other agreement providing assurances
10-24    from the department or the endorsing municipality to a site
10-25    selection organization.
10-26          (g)  A local organizing committee shall provide information
10-27    required by the comptroller to enable the comptroller to fulfill
 11-1    the comptroller's duties under this Act, including annual audited
 11-2    statements of the local organizing committee's financial records
 11-3    required by a site selection organization and data obtained by the
 11-4    local organizing committee relating to attendance at the games and
 11-5    to the economic impact of the games.  A local organizing committee
 11-6    must provide an annual audited financial statement required by the
 11-7    comptroller not later than the end of the fourth month after the
 11-8    date the period covered by the financial statement ends.
 11-9          (h)  The comptroller shall provide an estimate before August
11-10    31, 2000, or as soon as practical after that date, of the total
11-11    amount of state and municipal tax revenue that would be deposited
11-12    in the Olympic Games trust fund if the games were to be held in
11-13    this state at a site selected pursuant to an application by a local
11-14    organizing committee.  The comptroller shall provide the estimate
11-15    on request to a local organizing committee.  A local organizing
11-16    committee may submit the comptroller's estimate to a site selection
11-17    organization.
11-18          (i)  The department may not make a disbursement from the
11-19    Olympic Games trust fund unless the comptroller certifies that the
11-20    disbursement is for a purpose for which the state and the endorsing
11-21    municipality are jointly obligated under a games support contract
11-22    or other agreement described by Subsection (f) of this section.
11-23          (j)  If the comptroller certifies under Subsection (i) of
11-24    this section that a disbursement may be made from the Olympic Games
11-25    trust fund, the obligation shall be satisfied proportionately from
11-26    the state and municipal revenue in the trust fund.
11-27          (k)  Two years after the closing event of the games, the
 12-1    comptroller shall transfer to the general revenue fund any money
 12-2    remaining in the Olympic Games trust fund, not to exceed the amount
 12-3    of state revenue remaining in the trust fund, plus any interest
 12-4    earned on that state revenue.  The comptroller shall remit to the
 12-5    endorsing municipality any money remaining in the trust fund after
 12-6    the required amount is transferred to the general revenue fund.
 12-7          (l)  In no event may:
 12-8                (1)  the total amount of state and municipal tax
 12-9    revenue deposited in the Olympic Games trust fund exceed $100
12-10    million; or
12-11                (2)  the joint liability of the state and the endorsing
12-12    municipality under a joinder agreement and any other games support
12-13    contracts entered into pursuant to this Act exceed $100 million.
12-14          SECTION 6.  MUNICIPAL ELECTION.  (a)  Except as provided by
12-15    Subsection (b) of this section, an endorsing municipality must hold
12-16    an election in the municipality to determine whether the
12-17    municipality may contribute a portion of its sales and use taxes to
12-18    the Pan American Games trust fund under Section 4 of this Act or to
12-19    the Olympic Games trust fund under Section 5 of this Act, as
12-20    applicable to the games for which the municipality has authorized a
12-21    bid on its behalf.  The election must be held on a uniform election
12-22    date that occurs after the effective date of this Act and before
12-23    the date a site selection organization requires the endorsing
12-24    municipality and the state to enter into a joinder undertaking
12-25    relating to the applicable games.
12-26          (b)  An endorsing municipality authorizing a bid on its
12-27    behalf for the 2007 Pan American Games is not required to hold an
 13-1    election under this section if there is not a sufficient number of
 13-2    days between the effective date of this Act and a uniform election
 13-3    date that occurs before the date a site selection organization
 13-4    requires that the endorsing municipality and the state enter into a
 13-5    joinder undertaking to allow the municipality to submit the
 13-6    proposed election to the United States attorney general for
 13-7    preclearance under Section 5 of the Voting Rights Act of 1965, as
 13-8    amended (42 U.S.C. Section 1973c), at least 120 days before the
 13-9    election.
13-10          (c)  If an endorsing municipality is required to hold an
13-11    election under this section and the contribution of a portion of
13-12    the municipality's sales and use taxes is not approved by a
13-13    majority of the voters voting in the election:
13-14                (1)  the comptroller may not retain the municipality's
13-15    municipal sales and use tax revenue under Section 4(c) or 5(c) of
13-16    this Act, as applicable, from amounts otherwise required to be sent
13-17    to that municipality under Section 321.502, Tax Code, or deposit
13-18    state tax revenue into the Pan American Games trust fund under
13-19    Section 4(e) of this Act or the Olympic Games trust fund under
13-20    Section 5(e) of this Act, as applicable;
13-21                (2)  the comptroller is not required to determine the
13-22    incremental increase in state and municipal tax revenue under
13-23    Section 4(b) or 5(b) of this Act, as applicable; and
13-24                (3)  the department may not enter into a games support
13-25    contract relating to the games for which the municipality has
13-26    authorized a bid on its behalf.
13-27          SECTION 7.  ASSISTANCE OF DEPARTMENT AND OTHER STATE
 14-1    AGENCIES.  (a)  The department shall review requests from a local
 14-2    organizing committee that the department, on behalf of the state,
 14-3    enter into a games support contract that is required by a site
 14-4    selection organization in connection with the committee's bid to
 14-5    host any of the games.
 14-6          (b)  A request made under Subsection (a) of this section must
 14-7    be accompanied by:
 14-8                (1)  a general description and summary of the games for
 14-9    which a site selection is sought by the local organizing committee;
14-10                (2)  a preliminary and general description of the
14-11    proposal the local organizing committee intends to submit to a site
14-12    selection organization;
14-13                (3)  the estimated cost of preparing and submitting the
14-14    intended proposal;
14-15                (4)  the local organizing committee's intended method
14-16    of obtaining the funds needed for the purpose of preparing the
14-17    proposal;
14-18                (5)  a description by type and approximate amount of
14-19    the site selection application costs that the local organizing
14-20    committee intends to pay; and
14-21                (6)  any other information reasonably requested by the
14-22    department to assist it in reviewing the request.
14-23          (c)  The department shall approve or deny a request made
14-24    under Subsection (a) of this section not later than the 30th day
14-25    after the date the request is submitted.
14-26          (d)  The department may agree in a joinder undertaking
14-27    entered into with a site selection organization that the department
 15-1    will:
 15-2                (1)  execute a joinder agreement if the site selection
 15-3    organization selects a site in this state for the games; and
 15-4                (2)  refrain from taking any action after the execution
 15-5    of the joinder undertaking that would impair its ability to execute
 15-6    the joinder agreement.
 15-7          (e)  The department may agree in a joinder agreement that the
 15-8    state will:
 15-9                (1)  provide or cause to be provided all of the
15-10    governmental funding, facilities, and other resources specified in
15-11    the local organizing committee's bid to host the games;
15-12                (2)  be bound by the terms of, cause the local
15-13    organizing committee to perform, and guarantee performance of the
15-14    local organizing committee's obligations under contracts relating
15-15    to selecting a site in this state for the games; and
15-16                (3)  be jointly liable with the local organizing
15-17    committee for:
15-18                      (A)  obligations of the local organizing
15-19    committee to a site selection organization, including obligations
15-20    indemnifying the site selection organization against claims of and
15-21    liabilities to third parties arising out of or relating to the
15-22    games; and
15-23                      (B)  any financial deficit relating to the games.
15-24          (f)  The department may agree to execute a joinder
15-25    undertaking, a joinder agreement, or other games support contract
15-26    only if:
15-27                (1)  the department determines that:
 16-1                      (A)  the state's assurances and obligations under
 16-2    the undertaking, agreement, or contract are reasonable; and
 16-3                      (B)  any financial commitments of the state will
 16-4    be satisfied exclusively by recourse to the Pan American Games
 16-5    trust fund or the Olympic Games trust fund, as applicable; and
 16-6                (2)  the endorsing municipality has executed an
 16-7    agreement with a site selection organization that contains
 16-8    substantially similar terms.
 16-9          (g)  Before executing a games support contract, the
16-10    department must execute an agreement with the applicable local
16-11    organizing committee requiring that if a site selection
16-12    organization selects a site for the games in this state pursuant to
16-13    an application by the local organizing committee, the local
16-14    organizing committee will repay the state any funds expended by the
16-15    department under this Act from any surplus of the local organizing
16-16    committee's funds remaining after the presentation of the games and
16-17    after the payment of the expenses and obligations incurred by the
16-18    local organizing committee.
16-19          (h)  A games support contract may contain any additional
16-20    provisions the department requires in order to carry out the
16-21    purposes of this Act.
16-22          (i)  The department may require a local organizing committee
16-23    to list the state as an additional insured on any policy of
16-24    insurance purchased by the local organizing committee and required
16-25    by a site selection organization to be in effect in connection with
16-26    the games.
16-27          (j)  The Texas Department of Transportation, the Texas
 17-1    Department of Public Safety, and the Texas Department of Housing
 17-2    and Community Affairs may:
 17-3                (1)  assist a local organizing committee in developing
 17-4    applications and planning for the games; and
 17-5                (2)  enter into contracts, agreements, or assurances
 17-6    related to the presentation of the games.
 17-7          (k)  Notwithstanding any other provision of this Act, the
 17-8    department may not obligate the state to pay or otherwise provide
 17-9    funds to cover the costs of the construction or purchase of a
17-10    building or other facility by a municipality.
17-11          SECTION 8.  APPLICATION OF OPEN MEETINGS AND OPEN RECORDS
17-12    LAWS.  (a)  A local organizing committee and its governing body are
17-13    subject to Chapters 551 and 552, Government Code.  For purposes of
17-14    those chapters, the governing body of a local organizing committee
17-15    is considered a governmental body as defined by those chapters.
17-16    For purposes of Chapter 552, Government Code, the records and
17-17    information of a local organizing committee are considered public
17-18    records and public information.
17-19          (b)  A final bid that is submitted by a local organizing
17-20    committee to a site selection organization, or a draft of that bid,
17-21    is excepted from required public disclosure under Chapter 552,
17-22    Government Code, until the applicable site selection organization
17-23    selects the site for the applicable games.
17-24          (c)  Chapter 551, Government Code, does not apply to a
17-25    meeting of a subcommittee of the governing body of a local
17-26    organizing committee if:
17-27                (1)  the subcommittee consists of not more than five
 18-1    members;
 18-2                (2)  the meeting is not held in a public building;
 18-3                (3)  the subcommittee makes a tape recording of the
 18-4    proceedings of the meeting in compliance with Section 551.103,
 18-5    Government Code, and the local organizing committee preserves the
 18-6    tape recording for two years from the date the recording is made;
 18-7                (4)  the subcommittee does not discuss or decide any
 18-8    financial matters during the meeting; and
 18-9                (5)  any decision made by the subcommittee will not
18-10    become effective without being reviewed and officially adopted by
18-11    the governing body of the local organizing committee at a meeting
18-12    held in compliance with Chapter 551, Government Code.
18-13          (d)  A tape recording made under Subsection (c) of this
18-14    section is subject to required public disclosure in the manner
18-15    prescribed by Chapter 552, Government Code, for a public record.
18-16          SECTION 9.  TAX EXEMPTIONS FOR LOCAL ORGANIZING COMMITTEE.
18-17    (a)  A local organizing committee that is exempt from paying
18-18    federal income tax under Section 501(c), Internal Revenue Code of
18-19    1986, as amended, is exempt from:
18-20                (1)  the sales, excise, and use taxes imposed under
18-21    Chapter 151, Tax Code;
18-22                (2)  taxes on the sale, rental, or use of a motor
18-23    vehicle imposed under Chapter 152, Tax Code;
18-24                (3)  the hotel occupancy tax imposed under Chapter 156,
18-25    Tax Code; and
18-26                (4)  the franchise tax imposed under Chapter 171, Tax
18-27    Code.
 19-1          (b)  The exemptions provided by Subsections (a)(1), (2), and
 19-2    (3) of this section take effect on the first day of the first month
 19-3    after the effective date of this Act.  The exemption provided by
 19-4    Subsection (a)(4) of this section applies only to a tax imposed
 19-5    under Chapter 171, Tax Code, that becomes due on or after the
 19-6    effective date of this Act.
 19-7          SECTION 10.  ETHICS.  (a)  A local organizing committee that
 19-8    submits a request under Section 7(a) of this Act must:
 19-9                (1)  affirm as a part of that request that it is fully
19-10    in compliance with the ethical guidelines set forth in all
19-11    contracts entered into and rules adopted by the applicable site
19-12    selection organization, including the site selection organization's
19-13    requirements regarding disclosure of any financial interest by a
19-14    director, officer, or senior-level employee of the local organizing
19-15    committee in any proposed transaction with the local organizing
19-16    committee;
19-17                (2)  not later than the 15th day of the first month
19-18    following each calendar quarter, file with the secretary of the
19-19    endorsing municipality for which the local organizing committee
19-20    submits a request:
19-21                      (A)  a certification that the local organizing
19-22    committee continues to be in compliance with the ethical guidelines
19-23    described by Subdivision (1) of this subsection; and
19-24                      (B)  a report of contributions to and
19-25    expenditures by the local organizing committee in the manner
19-26    described by Subsection (b) of this section; and
19-27                (3)  file with the secretary of the endorsing
 20-1    municipality on April 15 of each year a copy of each financial
 20-2    statement required to be submitted by a local organizing committee
 20-3    or a member of a local organizing committee to the United States
 20-4    Olympic Committee during the preceding calendar year.
 20-5          (b)  A report made under Subsection (a)(2)(B) of this section
 20-6    must include:
 20-7                (1)  for each contribution made to a local organizing
 20-8    committee:
 20-9                      (A)  the contributor's full name and address;
20-10                      (B)  the date of the contribution;
20-11                      (C)  whether the contribution is cash, made by
20-12    check, or in-kind; and
20-13                      (D)  the amount or market value of the
20-14    contribution; and
20-15                (2)  for each expenditure made by a local organizing
20-16    committee:
20-17                      (A)  the full name and address of the person who
20-18    receives payment of the expenditure;
20-19                      (B)  the date of the expenditure;
20-20                      (C)  the purpose of the expenditure; and
20-21                      (D)  the amount of the expenditure.
20-22          (c)  The endorsing municipality for which a local organizing
20-23    committee submits a request under Section 7(a) of this Act must
20-24    have a comprehensive ethics code establishing standards of conduct,
20-25    disclosure requirements, and enforcement mechanisms relating to
20-26    city officials and employees before the department may consider the
20-27    request.
 21-1          SECTION 11.  BRIBERY.  (a)  A person commits an offense if
 21-2    the person intentionally or knowingly offers, confers, or agrees to
 21-3    confer on another person, or solicits, accepts, or agrees to accept
 21-4    from another person, any benefit as consideration for the
 21-5    recipient's decision, opinion, recommendation, vote, or other
 21-6    exercise of discretion as a member or employee of a local
 21-7    organizing committee or site selection organization.
 21-8          (b)  It is a defense to prosecution under Subsection (a) of
 21-9    this section that the benefit conferred is a meal or entertainment
21-10    reported under Section 10(a)(2)(B) of this Act.
21-11          (c)  It is not a defense to prosecution under Subsection (a)
21-12    of this section that a person whom the actor sought to influence
21-13    was not qualified to act as the actor intended the person to act.
21-14          (d)  It is not a defense to prosecution under Subsection (a)
21-15    of this section that the benefit is not offered or conferred or
21-16    that the benefit is not solicited or accepted until after:
21-17                (1)  the decision, opinion, recommendation, vote, or
21-18    other exercise of discretion has occurred; or
21-19                (2)  the person whom the actor sought to influence is
21-20    no longer a member of the local organizing committee or a site
21-21    selection organization.
21-22          (e)  In this section, "benefit" has the meaning assigned by
21-23    Section 36.01, Penal Code.
21-24          (f)  An offense under this section is a felony of the second
21-25    degree.
21-26          SECTION 12.  EMERGENCY.  The importance of this legislation
21-27    and the crowded condition of the calendars in both houses create an
 22-1    emergency and an imperative public necessity that the
 22-2    constitutional rule requiring bills to be read on three several
 22-3    days in each house be suspended, and this rule is hereby suspended.