78R7560 ATP-D

By:  Menendez                                                     H.B. No. 2034

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:
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.