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.