By Brimer H.B. No. 1772
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the approval and financing of sports and community
1-3 venue projects.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 334.001(4), Local Government Code, is
1-6 amended to read as follows:
1-7 (4) "Venue" means:
1-8 (A) an arena, coliseum, stadium, or other type
1-9 of area or facility:
1-10 (i) that is used or is planned for use for
1-11 one or more professional or amateur sports events, community
1-12 events, or other sports events, including rodeos, livestock shows,
1-13 agricultural expositions, promotional events, and other civic or
1-14 charitable events; and
1-15 (ii) for which a fee for admission to the
1-16 events is charged or is planned to be charged;
1-17 (B) a convention center facility or related
1-18 improvement such as a convention center, civic center, civic center
1-19 building, civic center hotel, auditorium, theater, opera house,
1-20 music hall, exhibition hall, rehearsal hall, park, zoological park,
1-21 museum, aquarium, or plaza located in the vicinity of a convention
1-22 center or facility owned by a municipality or a county;
1-23 (C) a tourist development area along an inland
1-24 waterway;
2-1 (D) a municipal parks and recreation system, or
2-2 improvements or additions to a parks and recreation system, or an
2-3 area or facility that is part of a municipal parks and recreation
2-4 system; and
2-5 (E) a project authorized by Section 4A or 4B,
2-6 Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas
2-7 Civil Statutes), as that Act existed on September 1, 1997 [any
2-8 other economic development project authorized by other law].
2-9 SECTION 2. Subchapter B, Chapter 334, Local Government Code,
2-10 is amended by adding Section 334.025 to read as follows:
2-11 Sec. 334.025. FALSE AND MISLEADING CAMPAIGN MATERIAL. (a)
2-12 In this section, "campaign material" means a communication
2-13 supporting or opposing the authorization of a venue project that:
2-14 (1) in return for consideration, is published in a
2-15 newspaper, magazine, or other periodical or is broadcast by radio
2-16 or television; or
2-17 (2) appears in a pamphlet, circular, flier, billboard
2-18 or other sign, bumper sticker, or similar form of written
2-19 communication.
2-20 (b) A person may not print, broadcast, or publish, or cause
2-21 to be printed, broadcast, or published, campaign material that
2-22 contains false and misleading information.
2-23 (c) An individual may file a complaint with the Texas Ethics
2-24 Commission in accordance with Subchapter E, Chapter 571, Government
2-25 Code, alleging a violation of Subsection (b). The commission may
2-26 impose a penalty in accordance with Chapter 571, Government Code,
2-27 if the commission determines that the campaign materials contain
3-1 false or misleading information.
3-2 (d) Notwithstanding any other law, the Texas Ethics
3-3 Commission has jurisdiction to consider and investigate a complaint
3-4 filed under this section and to impose a penalty.
3-5 SECTION 3. Subchapter E, Chapter 334, Local Government Code,
3-6 is amended by adding Section 334.1135 to read as follows:
3-7 Sec. 334.1135. REIMBURSEMENT FOR TAX COLLECTION EXPENSES.
3-8 (a) Subject to Subsection (b), a municipality or county shall
3-9 allow a person who is required to collect and remit the tax imposed
3-10 under this subchapter one percent of the amount collected and
3-11 required to be remitted as reimbursement to the person for the
3-12 costs of collecting the tax.
3-13 (b) A person required to collect and remit the tax imposed
3-14 under this subchapter is not entitled to reimbursement under
3-15 Subsection (a) unless the municipality or county receives the
3-16 amount required to be collected not later than the 15th day after
3-17 the end of the collection period. If the 15th day is on a weekend
3-18 or holiday, the municipality or county must receive the amount
3-19 required to be collected not later than the first working day after
3-20 the 15th day. If the person remits the amount required to be
3-21 collected by mail, the date postmarked by the United States Postal
3-22 Service is considered to be the date of receipt by the municipality
3-23 or county.
3-24 SECTION 4. Section 334.2515, Local Government Code, is
3-25 amended to read as follows:
3-26 Sec. 334.2515. APPLICATION. Except as provided by Section
3-27 334.2516, this [This] subchapter does not apply to the financing of
4-1 a venue project that is:
4-2 (1) an area or facility that is part of a municipal
4-3 parks and recreation system as described by Section 334.001(4)(D);
4-4 or
4-5 (2) a project described by Section 334.001(4)(E).
4-6 SECTION 5. Subchapter H, Chapter 334, Local Government Code,
4-7 is amended by adding Section 334.2516 to read as follows:
4-8 Sec. 334.2516. USE OF REVENUE BY CERTAIN MUNICIPALITIES FOR
4-9 CERTAIN PURPOSES. (a) This section applies only to a municipality
4-10 that:
4-11 (1) is located in three counties;
4-12 (2) has a population of less than 120,000; and
4-13 (3) acquires by purchase or lease with a term of not
4-14 less than 20 years an interest in real property that by the terms
4-15 of the acquisition is required to be maintained as park property.
4-16 (b) A municipality may use revenue under this subchapter to
4-17 acquire, construct, improve, and equip a venue project that is a
4-18 convention center facility or related infrastructure to be
4-19 constructed on real property described by Subsection (a)(3). In
4-20 addition, the municipality may pledge the revenue to the payment of
4-21 bonds or other obligations the municipality issues to finance the
4-22 convention center facility infrastructure.
4-23 SECTION 6. Section 334.256, Local Government Code, is amended
4-24 to read as follows:
4-25 Sec. 334.256. NOTICE OF TAX. (a) Each bill or other receipt
4-26 for a hotel charge subject to the tax imposed under this subchapter
4-27 must contain a statement in a conspicuous location stating:
5-1 "___________ (insert name of taxing municipality or county)
5-2 requires that an additional tax of _____ percent (insert rate of
5-3 tax) be imposed on each hotel charge for the purpose of financing a
5-4 venue project. In addition to the tax imposed to finance a venue
5-5 project, the State of Texas requires that a tax of six percent be
5-6 imposed on each hotel charge."
5-7 (b) If a hotel charge is subject to any additional hotel
5-8 occupancy taxes, the statement required by Subsection (a) must be
5-9 modified to state each additional entity that imposes a hotel
5-10 occupancy tax and the rate of that tax.
5-11 SECTION 7. Subchapter D, Chapter 335, Local Government Code,
5-12 is amended by adding Section 335.055 to read as follows:
5-13 Sec. 335.055. FALSE AND MISLEADING CAMPAIGN MATERIAL. (a)
5-14 In this section, "campaign material" means a communication
5-15 supporting or opposing the authorization of a venue project that:
5-16 (1) in return for consideration, is published in a
5-17 newspaper, magazine, or other periodical or is broadcast by radio
5-18 or television; or
5-19 (2) appears in a pamphlet, circular, flier, billboard
5-20 or other sign, bumper sticker, or similar form of written
5-21 communication.
5-22 (b) A person may not print, broadcast, or publish, or cause
5-23 to be printed, broadcast, or published, campaign material that
5-24 contains false and misleading information.
5-25 (c) An individual may file a complaint with the Texas Ethics
5-26 Commission in accordance with Subchapter E, Chapter 571, Government
5-27 Code, alleging a violation of Subsection (b). The commission may
6-1 impose a penalty in accordance with Chapter 571, Government Code,
6-2 if the commission determines that the campaign materials contain
6-3 false or misleading information.
6-4 (d) Notwithstanding any other law, the Texas Ethics
6-5 Commission has jurisdiction to consider and investigate a complaint
6-6 filed under this section and to impose a penalty.
6-7 SECTION 8. (a) This Act takes effect September 1, 2001.
6-8 (b) This Act does not apply to a sports and community venue
6-9 project approved before the effective date of this Act. A sports
6-10 and community venue project approved before the effective date of
6-11 this Act is governed by the law in effect on the date the venue
6-12 project was approved, and that law is continued in effect for that
6-13 purpose.
6-14 (c) This Act does not apply to the use of tax revenue
6-15 pledged to secure bonds issued before the effective date of this
6-16 Act. Tax revenue pledged to secure bonds issued before the
6-17 effective date of this Act is governed by the law in effect on the
6-18 date the bonds were issued, and that law is continued in effect for
6-19 that purpose.
6-20 (d) This Act does not apply to the use of tax revenue
6-21 pledged or dedicated before the effective date of this Act for the
6-22 acquisition of sites for and the construction, improvement,
6-23 enlarging, equipping, repairing, operation, and maintenance of
6-24 sports and community venue projects. Tax revenue pledged for these
6-25 purposes before the effective date of this Act is governed by the
6-26 law in effect on the date the revenue was pledged, and that law is
6-27 continued in effect for that purpose.
7-1 (e) This Act does not apply to the use of tax revenue for a
7-2 sports and community venue project that was under construction on
7-3 the effective date of this Act, including the pledging of such
7-4 revenue to secure bonds, additional bonds, and refunding bonds.
7-5 Tax revenue used for a sports and community venue project that was
7-6 under construction on the effective date of this Act is governed by
7-7 the law in effect immediately before the effective date of this
7-8 Act, and that law is continued in effect for that purpose.