77R10492 E
By Brimer H.B. No. 1772
Substitute the following for H.B. No. 1772:
By Brimer C.S.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; providing penalties.
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 OR MISLEADING CAMPAIGN MATERIAL;
2-12 OFFENSE. (a) In this section, "campaign material" means a
2-13 communication supporting or opposing the authorization of a venue
2-14 project that:
2-15 (1) in return for consideration, is published in a
2-16 newspaper, magazine, or other periodical or is broadcast by radio
2-17 or television; or
2-18 (2) appears in a pamphlet, circular, flier, billboard
2-19 or other sign, bumper sticker, or similar form of written
2-20 communication.
2-21 (b) A person commits an offense if the person knowingly and
2-22 recklessly prints, broadcasts, or publishes, or causes to be
2-23 printed, broadcast, or published, campaign material that contains
2-24 false or misleading information. An offense under this subsection
2-25 is a Class A misdemeanor, punishable by a fine only. If it is
2-26 shown on the trial of an offense under this subsection that the
2-27 person has previously been finally convicted of an offense under
3-1 this subsection, on conviction the offense is a misdemeanor
3-2 punishable by a fine not to exceed $10,000.
3-3 (c) An individual may file a complaint with the Texas Ethics
3-4 Commission in accordance with Subchapter E, Chapter 571, Government
3-5 Code, alleging a violation of Subsection (b). The commission may
3-6 impose a penalty in accordance with Chapter 571, Government Code,
3-7 if the commission determines that the campaign materials contain
3-8 false or misleading information. A penalty imposed by the Texas
3-9 Ethics Commission is in addition to the penalty provided by
3-10 Subsection (b).
3-11 (d) Notwithstanding any other law, the Texas Ethics
3-12 Commission has jurisdiction to consider and investigate a complaint
3-13 filed under this section and to impose a penalty.
3-14 SECTION 3. Section 334.2515, Local Government Code, is
3-15 amended to read as follows:
3-16 Sec. 334.2515. APPLICATION. This subchapter does not apply
3-17 to the financing of a venue project that is:
3-18 (1) an area or facility that is part of a municipal
3-19 parks and recreation system as described by Section 334.001(4)(D);
3-20 or
3-21 (2) a project described by Section 334.001(4)(E).
3-22 SECTION 4. Subchapter D, Chapter 335, Local Government Code,
3-23 is amended by adding Section 335.055 to read as follows:
3-24 Sec. 335.055. FALSE OR MISLEADING CAMPAIGN MATERIAL;
3-25 OFFENSE. (a) In this section, "campaign material" means a
3-26 communication supporting or opposing the authorization of a venue
3-27 project that:
4-1 (1) in return for consideration, is published in a
4-2 newspaper, magazine, or other periodical or is broadcast by radio
4-3 or television; or
4-4 (2) appears in a pamphlet, circular, flier, billboard
4-5 or other sign, bumper sticker, or similar form of written
4-6 communication.
4-7 (b) A person commits an offense if the person knowingly and
4-8 recklessly prints, broadcasts, or publishes, or causes to be
4-9 printed, broadcast, or published, campaign material that contains
4-10 false or misleading information. An offense under this subsection
4-11 is a Class A misdemeanor, punishable by a fine only. If it is
4-12 shown on the trial of an offense under this subsection that the
4-13 person has previously been finally convicted of an offense under
4-14 this subsection, on conviction the offense is a misdemeanor
4-15 punishable by a fine not to exceed $10,000.
4-16 (c) An individual may file a complaint with the Texas Ethics
4-17 Commission in accordance with Subchapter E, Chapter 571, Government
4-18 Code, alleging a violation of Subsection (b). The commission may
4-19 impose a penalty in accordance with Chapter 571, Government Code,
4-20 if the commission determines that the campaign materials contain
4-21 false or misleading information. A penalty imposed by the Texas
4-22 Ethics Commission is in addition to the penalty provided by
4-23 Subsection (b).
4-24 (d) Notwithstanding any other law, the Texas Ethics
4-25 Commission has jurisdiction to consider and investigate a complaint
4-26 filed under this section and to impose a penalty.
4-27 SECTION 5. (a) This Act takes effect September 1, 2001.
5-1 (b) This Act does not apply to a sports and community venue
5-2 project approved before the effective date of this Act. A sports
5-3 and community venue project approved before the effective date of
5-4 this Act is governed by the law in effect on the date the venue
5-5 project was approved, and that law is continued in effect for that
5-6 purpose.
5-7 (c) This Act does not apply to the use of tax revenue
5-8 pledged to secure bonds issued before the effective date of this
5-9 Act. Tax revenue pledged to secure bonds issued before the
5-10 effective date of this Act is governed by the law in effect on the
5-11 date the bonds were issued, and that law is continued in effect for
5-12 that purpose.
5-13 (d) This Act does not apply to the use of tax revenue
5-14 pledged or dedicated before the effective date of this Act for the
5-15 acquisition of sites for and the construction, improvement,
5-16 enlarging, equipping, repairing, operation, and maintenance of
5-17 sports and community venue projects. Tax revenue pledged for these
5-18 purposes before the effective date of this Act is governed by the
5-19 law in effect on the date the revenue was pledged, and that law is
5-20 continued in effect for that purpose.
5-21 (e) This Act does not apply to the use of tax revenue for a
5-22 sports and community venue project that was under construction on
5-23 the effective date of this Act, including the pledging of such
5-24 revenue to secure bonds, additional bonds, and refunding bonds.
5-25 Tax revenue used for a sports and community venue project that was
5-26 under construction on the effective date of this Act is governed by
5-27 the law in effect immediately before the effective date of this
6-1 Act, and that law is continued in effect for that purpose.