78R8961 T

By:  Woolley                                                      H.B. No. 2768


A BILL TO BE ENTITLED
AN ACT
relating to facilitating and supporting the efforts of certain municipalities to promote economic development by hosting the Pan American Games, the Olympic Games, the Super Bowl, the NCAA Final Four, the NBA All Star Game, the MLB All Star Game, BCS Games, and World Cup Soccer Games, and events and activities related to any of the foregoing; authorizing certain municipalities and certain counties to issue notes for payment of obligations incurred to bid for, prepare for, and host any of the foregoing events. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The heading to Article 5190.14, Vernon's Texas Civil Statutes, is amended to read as follows: Art. 5190.14. Pan American Games; Olympic Games; Other Events SECTION 2. Section 1, Article 5190.14, Vernon's Texas Civil Statutes, is amended to read as follows: Sec. 1. In this Act: (1) "BCS" means the NCAA Bowl Championship Series. (2) "Department" means the Texas Department of Economic Development. (3) "Endorsing municipality" means a municipality that has a population of 850,000 or more according to the most recent federal decennial census and that authorizes a bid by a local organizing committee for selection of the municipality as the site of the game or games. (4) "Endorsing county" means a county in which an endorsing municipality is located or which is adjacent to the county in which an endorsing municipality is located, and that authorizes a bid by a local organizing committee for selection of the county as the site for one or more Games. (5) "FIFA" means the Fédération Internationale de Football Association. (6) "Game" or "Games" means individually the [2007] Pan American Games, [or] the [2012] Olympic Games, the Super Bowl, the NCAA Final Four, the NBA All Star Game, NHL All Star Game, the MLB All Star Game, BCS Games, and World Cup Soccer Games, and any events and activities related to or associated with any of the foregoing. (7) "Games support contract" means a joinder undertaking, a joinder agreement, or a similar contract executed by the department and containing terms permitted or required by this Act. (8) "Joinder agreement" means an agreement entered into by: (A) the department on behalf of this state and a site selection organization setting out representations and assurances by the state in connection with the selection of a site in this state for the location of any of the games; or (B) an endorsing municipality and/or endorsing county, individually or collectively, and a site selection organization setting out representations and assurances by the endorsing municipality and/or the endorsing county in connection with the selection of a site in this state for the location of any of the games. (9) "Joinder undertaking" means an agreement entered into by: (A) the department on behalf of this state and a site selection organization that the state will execute a joinder agreement in the event that the site selection organization selects a site in this state for any of the games; or (B) an endorsing municipality and/or an endorsing county, individually or collectively, and a site selection organization that the endorsing municipality and/or the endorsing county will execute a joinder agreement in the event that the site selection organization selects a site in this state for any of the games. (10) "Local organizing committee" means a nonprofit corporation or its successor in interest that: (A) has been authorized by an endorsing municipality and/or an endorsing county, individually or collectively, to pursue an application and bid on the applicant's behalf to a site selection organization for selection as the site of one or more [of the] games; or (B) with the authorization of an endorsing municipality, has executed an agreement with a site selection organization regarding a bid to host one or more [of the] games. (11) "MLB" means Major League Baseball. (12) "NBA" means the National Basketball Association. (13) "NCAA" means the National Collegiate Athletic Association. (14) "NFL" means the National Football League. (15) "NHL" means the National Hockey League. (16) "Site selection organization" means the United States Olympic Committee, the International Olympic Committee, [or] the Pan American Sports Organization, the NFL, the NCAA, the NBA, the NHL, the MLB, or FIFA. SECTION 3. Section 2, Article 5190.14, Vernon's Texas Civil Statutes, is amended to read as follows: Sec. 2. The purpose of this Act is to provide assurances required by a site selection organization sponsoring one or more [the] games and to provide financing for the costs involved in (1) making an application or bid for the location of one or more games in this state, and/or (2) making the preparations necessary and desirable for the conduct of one or more games in this state, including the construction or renovation of facilities, and/or (3) conducting one or more games in this state. SECTION 4. Section 3, Article 5190.14, Vernon's Texas Civil Statutes, is amended to read as follows: Sec. 3. The conduct in this state of one or more of the games will: (1) provide invaluable public visibility throughout the world or the nation for this state and the communities where the games are held; (2) encourage and provide major economic benefits to the communities where the games are held and to the entire state; and (3) provide opportunities for the creation of jobs by local and Texas businesses that pay a living wage. SECTION 5. Section 4(a), Article 5190.14, Vernon's Texas Civil Statutes, is amended to read as follows: Sec. 4. (a) In this section: (1) "Games" means the [2007] Pan American Games. (2) "Site selection organization" means the United States Olympic Committee or the Pan American Sports Organization. SECTION 6. Section 4(i), Article 5190.14, Vernon's Texas Civil Statutes, is amended to read as follows: (i) The comptroller shall provide an estimate not later than September 1[, 1999] of the year which is eight years prior to the year in which it is anticipated that the games may be held in the state, of the total amount of state and municipal tax revenue that would be deposited in the Pan American Games trust fund before January 1[, 2008] of the year after the year in which it is anticipated that the games will be held, if the games were to be held in this state at a site selected pursuant to an application by a local organizing committee. The comptroller shall provide the estimate on request to a local organizing committee. A local organizing committee may submit the comptroller's estimate to a site selection organization. SECTION 7. Section 4(l), Article 5190.14, Vernon's Texas Civil Statutes, is amended to read as follows: (l) On January 1[, 2009] of the second year after the year in which the games were held in the state, the comptroller shall transfer to the general revenue fund any money remaining in the Pan American Games trust fund, not to exceed the amount of state revenue remaining in the trust fund, plus any interest earned on that state revenue. The comptroller shall remit to the endorsing municipality any money remaining in the trust fund after the required amount is transferred to the general revenue fund. SECTION 8. Section 5(a), Vernon's Texas Civil Statutes, is amended to read as follows: Sec. 5. (a) In this section: (1) "Games" means the [2012] Olympic Games. (2) "Site selection organization" means the United States Olympic Committee or the International Olympic Committee. SECTION 9. Section 5(b), Vernon's Texas Civil Statutes, is amended to read as follows: (b) If a site selection organization selects a site for the games in this state pursuant to an application by a local organizing committee, after the first occurrence of a measurable economic impact in this state as a result of the preparation for the games, as determined by the comptroller, but in no event later than one year before the scheduled opening event of the games, the comptroller shall determine for each subsequent calendar quarter, in accordance with procedures developed by the comptroller: (1) the incremental increase in the receipts to the state from the taxes imposed under Chapters 151, 152, 156, and 183, Tax Code, and under Title 5, Alcoholic Beverage Code, within the market areas designated under Subsection (c) of this section, that is directly attributable, as determined by the comptroller, to the preparation for and presentation of the games and related events; [and] (2) the incremental increase in the receipts collected by the state on behalf of the endorsing municipality from the sales and use tax imposed by the endorsing municipality under Section 321.101(a), Tax Code, and the mixed beverage tax to be received by the endorsing municipality under Section 183.051(b), Tax Code, that is directly attributable, as determined by the comptroller, to the preparation for and presentation of the games and related events; and (3) the incremental increase in the receipts collected by the state on behalf of the endorsing county from the sales and use tax imposed by the endorsing municipality under Section 323.101(a), Tax Code, and the mixed beverage tax to be received by the endorsing county under Section 183.051(b), Tax Code, that are directly attributable, as determined by the comptroller, to the preparation for and presentation of the games and related events; and (4) the incremental increase in the receipts collected by the endorsing municipality from its hotel occupancy tax imposed under Chapter 351, Tax Code, that is directly attributable, as determined by the comptroller, to the preparation for and presentation of the games and related events, and (5) the incremental increase in the receipts collected by the endorsing county from its hotel occupancy tax imposed under Chapter 352, Tax Code, that is directly attributable, as determined by the comptroller, to the preparation for and presentation of the games and related events. SECTION 10. Section 5(d), Vernon's Texas Civil Statutes, is amended to read as follows: (d) Subject to Section 6 of this Act, the comptroller shall retain, for the purpose of guaranteeing the joint obligations of the state and the endorsing municipality and/or endorsing county under a games support contract and this Act, the amount of sales and use tax revenue and mixed beverage tax revenue determined under Subsection (b)(2) and/or (b)(3) of this section from the amounts otherwise required to be sent to the endorsing municipality under Sections 321.502 or 183.051(b), Tax Code, or to the endorsing county under Sections 323.502 and 183.051(b), Tax Code, beginning with the first distribution of that tax revenue that occurs after the date the comptroller makes the determination of the amount of sales and use tax revenue and mixed beverage tax revenue under Subsection (b)(2) and/or (b)(3) of this section. The comptroller shall discontinue retaining sales and use tax revenue and mixed beverage tax revenue under this subsection on the earlier of: (1) the end of the third calendar month following the month in which the closing event of the games occurs; or (2) the date the amount of sales and use tax revenue and mixed beverage tax revenue in the Olympic Games trust fund equals 14 percent of the maximum amount of state and municipal tax revenue that may be deposited in the trust fund under Subsection (m) of this section. SECTION 11. Section 5(f), Vernon's Texas Civil Statutes, is amended to read as follows: (f) Subject to Section 6 of this Act and Subsection (m) of this section, the comptroller shall deposit into a trust fund designated as the Olympic Games trust fund the amount of municipal sales and use tax revenue retained under Subsection (d) of this section and, at the same time, a portion of the state tax revenue determined under Subsection (b)(1) of this section in an amount equal to 6.25 times the amount of that municipal sales and use tax revenue. Subject to Section 6 of this Act and Subsection (m) of this section, the endorsing municipality and/or endorsing county shall deposit into the trust fund the amount of their/its hotel occupancy tax revenue determined under Subsections (b)(4) or (b)(5) of this section. The endorsing municipality and/or endorsing county shall deposit that hotel occupancy tax revenue into the trust fund at least quarterly. When the endorsing municipality and/or endorsing county makes a deposit of their/its hotel occupancy tax revenue, the comptroller shall deposit at the same time a portion of the state tax revenue determined under Subsection (b)(1) of this section in an amount equal to 6.25 times the amount of that hotel occupancy tax revenue. The trust fund is established outside the treasury but is held in trust by the comptroller for the administration of this Act. Money in the trust fund may be spent by the department without appropriation only as provided by this Act. The comptroller shall discontinue deposit of the amount of state tax revenue determined under Subsection (b)(1) of this section on the earlier of: (1) the end of the third calendar month following the month in which the closing event of the games occurs; or (2) the date the amount of state revenue in the Olympic Games trust fund equals 86 percent of the maximum amount of state and municipal tax revenue that may be deposited in the trust fund under Subsection (m) of this section. SECTION 12. Section 5(i), Vernon's Texas Civil Statutes, is amended to read as follows: (i) The comptroller shall provide an estimate before August 31[, 2000] of the year which is twelve years prior to the year in which the games are scheduled to be held, or as soon as practical after that date, of the total amount of state and municipal tax revenue that would be deposited in the Olympic Games trust fund if the games were to be held in this state at a site selected pursuant to an application by a local organizing committee. The comptroller shall provide the estimate on request to a local organizing committee. A local organizing committee may submit the comptroller's estimate to a site selection organization. SECTION 13. Article 5190.14, Vernon's Texas Civil Statutes, is amended is add Section 5A to read as follows: Payment and/or Guarantee of Municipal and/or County Obligations; Other Events Trust Fund Sec. 5A. (a) In this section: (1) "Game" means the Super Bowl, the NCAA Final Four, the NBA All Star Game, the NHL All Star Game, the MLB All Star Game, BCS Games, or World Cup Soccer Game and any events and activities related to or associated with any of the foregoing. (2) "Games support contract" means, for the purposes of this section, a joinder undertaking, a joinder agreement, or a similar contract executed by the endorsing municipality and/or an endorsing county and containing terms permitted or required by this section. (3) "Joinder agreement" means, for the purposes of this section, an agreement entered into by an endorsing municipality and/or endorsing county and a site selection organization setting out representations and assurances by the endorsing municipality in connection with the selection of a site in this state for the location of the game. (4) "Joinder undertaking" means, for the purposes of this section, an agreement entered into by an endorsing municipality and/or an endorsing county and a site selection organization that the endorsing municipality and/or endorsing county will execute a joinder agreement in the event that the site selection organization selects a site in this state for the game. (5) "Site selection organization" means the NFL, NCAA, NBA, NHL, MLB or FIFA. (b) If the site section organization selects a site for a game in this state pursuant to an application by a local organizing committee, after the first occurrence of a measurable economic impact in this state as a result of the preparation for the game, as determined by the comptroller, but in no event later than three months before the date of the game, the comptroller shall determine for each subsequent calendar month, in accordance with procedures developed by the comptroller: (1) the incremental increase in the receipts collected by the state on behalf of the endorsing municipality from the sales and use tax imposed by the endorsing municipality under Section 321.101(a), Tax Code, and the mixed beverage tax received by the endorsing municipality under Section 183.051(b), Tax Code, that is directly attributable, as determined by the comptroller, to the preparation for and presentation of the game and related events; and (2) the incremental increase in the receipts collected by the state on behalf of the endorsing county from the sales and use tax imposed by the endorsing county under Section 323.101(a), Tax Code, and the mixed beverage tax to be received by the endorsing county under Section 183.051(b), Tax Code, that is directly attributable, as determined by the comptroller, to the preparation for and presentation of the games and related events; and (3) the incremental increase in the receipts collected by the endorsing municipality from its hotel occupancy tax imposed under Chapter 351, Tax Code, that is directly attributable, as determined by the comptroller, to the preparation for and presentation of the game and related events; and (4) the incremental increase in the receipts collected by the endorsing county from its hotel occupancy tax imposed under Chapter 352, Tax Code, that is directly attributable, as determined by the comptroller, to the preparation for and presentation of the game and related events. (c) For the purposes of Subsection (b)(1) of this section, the comptroller shall designate as a market area for the game each area in which the comptroller determines there is a reasonable likelihood of measurable economic impact directly attributable to the preparation for and presentation of the game and related events, including areas likely to provide venues, accommodations, and services in connection with the game based on the proposal provided by the local organizing committee to the comptroller. The comptroller shall determine the geographic boundaries of each market area. The endorsing municipality and/or endorsing county that has been selected as the site for the game must be included in a market area for the game. (d) Subject to Section 6 of this Act, the endorsing municipality and/or endorsing county shall establish a trust fund designated as the Other Events trust fund, and shall deposit into the trust fund the estimated incremental increase in the amount of sales and use tax revenue and mixed beverage tax revenue in the amount estimated by the comptroller under Subsection (b) of this section, minus any amount of such revenues which may be pledged to obligations of the municipality and/or county issued for purposes other than the support of a bid for, preparation for, or hosting of the games or related activities or events. Subject to Section 6 of this Act, the endorsing municipality and/or endorsing county shall also deposit into the trust fund the estimated incremental increase in the amount of their/its hotel occupancy tax revenue in the amount estimated by the comptroller under Subsection (b)(3) and/or (b)(4) of this section, minus any amount of such revenue which may be pledged to obligations of the municipality and/or county issued for purposes other than the support of a bid for, preparation for, or hosting of the game or related activities or events. The Other Events trust fund shall be established outside the general fund of the endorsing municipality and/or endorsing county and is to be held in trust by the endorsing municipality and/or endorsing county for the administration of this section. Money in the trust fund may be spent by the endorsing municipality and/or endorsing county without appropriation and only as provided by this Act. (e) In addition to the use of municipal sales and use, mixed beverage tax, and hotel occupancy tax revenue described under Subsection (d) of this section, an endorsing municipality and/or endorsing county may guarantee its obligations under a games support contract and this section by pledging surcharges from user fees, including parking or ticket fees, charged in connection with the game. (f) To meet its obligations under a games support contract to improve, construct, renovate or acquire facilities or to acquire equipment, the endorsing municipality by ordinance and/or the endorsing county by order may authorize the issuance of notes. The endorsing municipality may provide that the notes be paid from and secured by amounts on deposit or amounts to be deposited into the Other Events trust fund and/or surcharges from user fees, including parking or ticket fees, charged in connection with the game. Any note issued must mature no later than [seven] years from its date of issuance. (g) The endorsing municipality and/or endorsing county may use the funds in the Other Events trust fund only to fulfill obligations of the endorsing municipality and/or endorsing county to a site selection organization under a games support contract or any other agreement providing assurances from the endorsing municipality and/or endorsing county to a site selection organization, which obligations may include the payment of costs relating to preparations necessary or desirable for the conduct of the game and the payment of costs of conducting the game (including costs of improvements or renovations to existing facilities or other facilities and costs of acquisition or construction of new facilities or other facilities). (h) A local organizing committee shall provide information required by the comptroller to enable the comptroller to fulfill the comptroller's duties under this section, including annual audited statements of the local organizing committee's financial records required by a site selection organization and data obtained by the local organizing committee relating to attendance at the game and to the economic impact of the game. A local organizing committee must provide an annual audited financial statement required by the comptroller not later than the end of the fourth month after the date the period covered by the financial statement ends. (i) The comptroller shall provide an estimate not later than one month after requested, of the total amount of tax revenue that would be deposited in the Other Events trust fund before the date of the game, if the game was to be held in this state at a site selected pursuant to an application by a local organizing committee. The comptroller shall provide the estimate on request to a local organizing committee. A local organizing committee may submit the comptroller's estimate to a site selection organization. SECTION 14. Section 6, Article 5190.14, Vernon's Texas Civil Statutes, is amended to read as follows: Sec. 6. (a) Except as provided by Subsection (b) of this section, an endorsing municipality and/or endorsing county must hold an election in the endorsing municipality and/or endorsing county to determine whether the endorsing municipality and/or endorsing county may contribute a portion of its sales and use taxes to the Pan American Games trust fund under Section 4 of this Act, [or] a portion of its sales and use taxes to the Olympic Games trust fund under Section 5 of this Act, and/or a portion of its sales and use taxes to the Other Events trust fund under Section 5A of this Act, as applicable to the games for which the municipality has authorized a bid on its behalf. The election must be held on a uniform election date that occurs after the effective date of this Act or applicable revisions to this Act and before the date a site selection organization requires the endorsing municipality and/or the endorsing county and the state to enter into a joinder undertaking relating to the applicable games. (b) An endorsing municipality and/or an endorsing county authorizing a bid on its behalf for the 2007 Pan American Games or the 2004 Super Bowl is not required to hold an election under this section if there is not a sufficient number of days between the effective date of this Act or applicable revisions to this Act and a uniform election date that occurs before the date a site selection organization requires that the endorsing municipality and/or the endorsing county and/or the state enter into a joinder undertaking to allow the endorsing municipality and/or the endorsing county to submit the proposed election to the United States attorney general for preclearance under Section 5 of the Voting Rights Act of 1965, as amended (42 U.S.C. Section 1973c), at least 120 days before the election. (c) An endorsing municipality and/or an endorsing county shall not be required to hold an election in order to contribute its mixed beverage tax revenue or its hotel occupancy tax revenue to the Pan American Games trust fund under Section 4 of this Act, to the Olympic Games trust fund under Section 5 of this Act, or to the Other Events trust fund under Section 6 of this Act. SECTION 15. Section 6, Article 5190.14, Vernon's Texas Civil Statutes, is amended to add subsection (d) to read as follows: (d) If an endorsing municipality and/or an endorsing county is required to hold an election under this section and the contribution of a portion of their/its sales and use taxes to the Other Events trust fund is not approved by a majority of the voters voting in the election, the endorsing municipality and/or the endorsing county may not request that the comptroller estimate the incremental increase in the taxes due to the hosting of the game in the municipality and/or county and may not deposit the estimated incremental increase in the sales and use taxes into the Other Events trust fund or use such taxes to support obligations of the endorsing municipality and/or the endorsing county under a games support contract. SECTION 16. This Act takes effect September 1, 2003. SECTION 17. The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.