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78R7560 ATP-D
By: Menendez H.B. No. 2034
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a statewide sports commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 481.022, Government Code, is amended to
read as follows:
Sec. 481.022. GENERAL DUTIES OF DEPARTMENT. The department
shall:
(1) facilitate the location, expansion, and retention
of domestic and international business investment to the state;
(2) provide statewide toll-free information and
referrals for business and community economic development;
(3) promote and administer business and community
economic development programs and services in the state;
(4) provide to businesses in the state assistance with
exporting products and services to international markets;
(5) promote the state as a premier tourist and
business travel destination;
(6) provide businesses and local communities with
timely and useful research and data services;
(7) aggressively market and promote the business
climate in the state and the state economic development business
assistance programs and services through the use of available media
and resources, including the Internet; [and]
(8) seek funding of the department programs and
activities from federal, state, and private sources; and
(9) contract with the Statewide Sports Commission
created under Chapter 489 to guide, stimulate, and promote the
sports industry in this state, to promote the participation of the
residents of this state in amateur athletic competitions, and to
promote this state as a host for national and international amateur
athletic competitions.
SECTION 2. Subtitle F, Title 4, Government Code, is amended
by adding Chapter 489 to read as follows:
CHAPTER 489. STATEWIDE SPORTS COMMISSION
Sec. 489.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
commission.
(2) "Commission" means the Statewide Sports
Commission.
(3) "Department" means the Texas Department of
Economic Development.
Sec. 489.002. CREATION; NONPROFIT CORPORATION. (a) The
Statewide Sports Commission is created for the public purposes of:
(1) promoting and developing the sports industry and
related industries for the purpose of improving the economic
presence of these industries in this state;
(2) promoting amateur athletic participation for the
residents of this state; and
(3) promoting this state as a host for national and
international amateur athletic competitions for the purpose of
encouraging and increasing the direct and ancillary economic
benefits of amateur athletic events and competitions.
(b) The corporate existence of the commission begins on the
issuance of a certificate of incorporation by the secretary of
state.
(c) The commission has the rights and powers of a nonprofit
corporation incorporated under the Texas Non-Profit Corporation
Act (Article 1396-1.01 et seq., Vernon's Texas Civil Statutes)
except to the extent inconsistent with this chapter.
Sec. 489.003. BOARD OF DIRECTORS. (a) The commission is
governed by a board of directors.
(b) The governor shall appoint 15 residents of this state
who are knowledgeable about or active in professional sports or
organized amateur sports to the board of directors. In making the
appointments, the governor shall:
(1) consider the person's background in community
service and activism in and support of the sports industry,
professional sports, or organized amateur athletics;
(2) ensure that all areas of the state are
represented; and
(3) ensure that the board represents ethnic and gender
diversity.
(c) Directors serve for six-year terms with the terms of
five directors expiring February 1 of each odd-numbered year. A
director may not serve more than two consecutive terms.
(d) The governor shall fill any vacancy that occurs on the
board.
Sec. 489.004. MEETINGS; OFFICES. (a) The board shall meet
quarterly.
(b) If the commission establishes any permanent offices,
the offices must be located in a municipality, other than the state
capital, that will provide the commission office space at no cost to
the commission or the state.
Sec. 489.005. CONTRACT WITH DEPARTMENT. The commission
shall contract with the department. The contract shall provide
that:
(1) the department may review the commission's
articles of incorporation before filing;
(2) the commission shall submit an annual budget
proposal to the department for approval, on a form provided by the
department;
(3) on the expiration or cancellation of the contract,
any funds that the commission holds in trust for the department are
transferred to the department;
(4) the department shall annually review the
performance of the commission to determine whether the commission
is:
(A) complying with the terms of the contract; and
(B) acting in a manner consistent with the goals
of the commission and in the best interests of this state; and
(5) the commission may use the property, facilities,
personnel, and services of the department, subject to the approval
of the executive director of the department, if the commission
complies with Section 489.006.
Sec. 489.006. EQUAL OPPORTUNITY POLICY. The board shall
prepare and maintain a written policy of equal employment
opportunity under which all personnel transactions are made without
regard to race, color, disability, sex, religion, age, or national
origin.
Sec. 489.007. AUDIT. The corporation is a state agency for
purposes of Chapter 321.
Sec. 489.008. COMMISSION MISSION. (a) It is the mission of
the commission to act as a catalyst for the growth of the economy of
this state, through the promotion and coordination of sporting
events and the development of youth sports and fitness programs.
(b) To accomplish its mission, the commission shall:
(1) act as a resource center for sporting activities;
(2) retain existing sporting events while
strategically soliciting, recruiting, and creating additional
sporting events for this state;
(3) encourage collaboration among corporate,
professional, civic, and governmental entities to maximize
successful sports marketing efforts;
(4) position this state as a national leader in
sports, enhancing the image of this state; and
(5) develop statewide youth sports and fitness
initiatives.
Sec. 489.009. GENERAL POWERS OF COMMISSION. The commission
may:
(1) receive, hold, invest, and administer property;
(2) raise funds; and
(3) receive gifts.
Sec. 489.010. GENERAL DUTIES OF COMMISSION. (a) The
commission shall:
(1) promote youth participation in programs focused on
fitness and health, sportsmanship, fair play, integrity, and
competition;
(2) develop and implement internal and external
strategies to promote the economic, social, and health benefits of
sports to individuals, communities, and this state;
(3) provide current, thorough, and accurate
information about sports resources in communities of this state, to
facilitate the development of sports-related events;
(4) optimize the economic opportunities generated by
sporting events for communities of this state;
(5) encourage, support, and assist local governments
and communities in developing or hosting local amateur athletic
events and competitions;
(6) promote this state as a host for national and
international amateur athletic competitions, through:
(A) assisting and supporting municipalities and
other communities bidding or seeking to host the Summer Olympics or
the Pan American Games;
(B) developing, fostering, and coordinating
services and programs designed to encourage the participation of
the youth of this state in Olympic sports activities and
competitions;
(C) encouraging the continued use of volunteers
in the commission's amateur sports programs; and
(D) fostering and coordinating services and
programs designed to contribute to the physical fitness of the
residents of this state;
(7) attract and create a variety of sports events
appealing to a wide range of interests, while generating new and
maximizing existing affiliated activities for youth;
(8) promote a coordinated statewide initiative for
frequent and accurate dissemination of sports tourism information;
(9) develop a uniform methodology for measuring the
return on the commission's investments; and
(10) recognize outstanding development and
achievement in, and contribution to, amateur sports.
(b) The commission shall annually report to the governor the
status of the efforts of municipalities or other communities
bidding to host high-profile sporting events. The report shall
include:
(1) the status of the community's infrastructure and
finances;
(2) the projected infrastructure and financial needs
of the community; and
(3) recommendations for satisfying the unmet needs of
the community and fulfilling the requirements for a successful bid.
SECTION 3. In making the appointments of the initial
directors of the Statewide Sports Commission under Section 489.003,
Government Code, as added by this Act, the governor shall
designate:
(1) five directors for terms expiring February 1,
2005;
(2) five directors for terms expiring February 1,
2007; and
(3) five directors for terms expiring February 1,
2009.
SECTION 4. This Act takes effect September 1, 2003.