By Brimer H.B. No. 1772
77R6269 CBH-D
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. (a) In this section, "campaign material" means
2-12 a communication supporting or opposing the authorization of a venue
2-13 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 or 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 campaign materials violate that
3-1 subsection.
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. Section 334.2515, Local Government Code, is
3-6 amended to read as follows:
3-7 Sec. 334.2515. APPLICATION. This subchapter does not apply
3-8 to the financing of a venue project that is:
3-9 (1) an area or facility that is part of a municipal
3-10 parks and recreation system as described by Section 334.001(4)(D);
3-11 or
3-12 (2) a project described by Section 334.001(4)(E).
3-13 SECTION 4. (a) This Act takes effect September 1, 2001.
3-14 (b) This Act does not apply to a sports and community venue
3-15 project approved before the effective date of this Act. A sports
3-16 and community venue project approved before the effective date of
3-17 this Act is governed by the law in effect on the date the venue
3-18 project was approved, and that law is continued in effect for that
3-19 purpose.
3-20 (c) This Act does not apply to the use of tax revenue
3-21 pledged to secure bonds issued before the effective date of this
3-22 Act. Tax revenue pledged to secure bonds issued before the
3-23 effective date of this Act is governed by the law in effect on the
3-24 date the bonds were issued, and that law is continued in effect for
3-25 that purpose.
3-26 (d) This Act does not apply to the use of tax revenue
3-27 pledged or dedicated before the effective date of this Act for the
4-1 acquisition of sites for and the construction, improvement,
4-2 enlarging, equipping, repairing, operation, and maintenance of
4-3 sports and community venue projects. Tax revenue pledged for these
4-4 purposes before the effective date of this Act is governed by the
4-5 law in effect on the date the revenue was pledged, and that law is
4-6 continued in effect for that purpose.
4-7 (e) This Act does not apply to the use of tax revenue for a
4-8 sports and community venue project that was under construction on
4-9 the effective date of this Act, including the pledging of such
4-10 revenue to secure bonds, additional bonds, and refunding bonds.
4-11 Tax revenue used for a sports and community venue project that was
4-12 under construction on the effective date of this Act is governed by
4-13 the law in effect immediately before the effective date of this
4-14 Act, and that law is continued in effect for that purpose.