INTRODUCED
|
HOUSE COMMITTEE
SUBSTITUTE
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No
equivalent provision.
|
SECTION 1. Chapter
1507 (S.B. 456), Acts of the 76th Legislature, Regular Session, 1999
(Article 5190.14, Vernon's Texas Civil Statutes), is amended by adding
Section 3A to read as follows:
Sec. 3A. RULES.
The office of the governor shall adopt rules consistent with this Act to
ensure efficient administration of the trust funds established under this
Act, including rules related to application and receipt requirements.
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SECTION 1. Sections 4(b),
(c), (d), (f), (h), (j), and (k), Chapter 1507 (S.B. 456), Acts of the 76th
Legislature, Regular Session, 1999 (Article 5190.14, Vernon's Texas Civil
Statutes), are 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 acting on behalf of an
endorsing municipality, 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 department [comptroller], but in no event
later than one year before the scheduled opening event of the games, the department
[comptroller] shall determine for each subsequent calendar quarter,
in accordance with procedures developed by the department [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 department [comptroller],
to the preparation for and presentation of the games and related events;
(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, that is directly
attributable, as determined by the department [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 the
municipality's hotel occupancy tax imposed under Chapter 351, Tax Code,
that is directly attributable, as determined by the department [comptroller],
to the preparation for and presentation of the games and related events.
(c) For the purposes of
Subsection (b)(1) of this section, the department [comptroller]
shall designate as a market area for the games each area in which the department
[comptroller] determines there is a reasonable likelihood of
measurable economic impact directly attributable to the preparation for and
presentation of the games and related events, including areas likely to
provide venues, accommodations, and services in connection with the games
based on the proposal provided by the local organizing committee under
Section 7 of this Act. The department [comptroller] shall
determine the geographic boundaries of each market area. The endorsing
municipality that has been selected as the site for the games must be
included in a market area for the games.
(d) The comptroller, at
the direction of the department, shall retain, for the purpose of
guaranteeing the joint obligations of the state and the endorsing
municipality under a games support contract and this Act, the amount of
municipal sales and use tax revenue determined under Subsection (b)(2) of
this section from the amounts otherwise required to be sent to the
municipality under Section 321.502, Tax Code, beginning with the first
distribution of that tax revenue that occurs after the date the department
[comptroller] makes the determination of the amount of municipal
sales and use tax revenue under Subsection (b)(2). The comptroller shall
discontinue retaining municipal sales and use 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
municipal sales and use tax revenue and municipal hotel occupancy tax
revenue in the Pan American 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.
(f) Subject to Subsection
(m) of this section, the comptroller shall deposit into a trust fund
designated as the Pan American 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 by
the department 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 Subsection (m) of this section, the endorsing
municipality shall deposit into the trust fund the amount of the endorsing
municipality's hotel occupancy tax revenue determined by the department
under Subsection (b)(3) of this section.
The endorsing municipality
shall deposit that hotel occupancy tax revenue into the trust fund at least
quarterly. When the endorsing municipality makes a deposit of its hotel
occupancy tax revenue, the comptroller, at the direction of the
department, 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
municipal hotel occupancy tax revenue. The Pan American Games 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 depositing into the
trust fund any state tax revenue determined by the department 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 on which the
amount of state revenue in the Pan American 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.
(h) A local organizing
committee shall provide information required by the department [comptroller]
to enable the department [comptroller] to fulfill the department's
[comptroller's] duties under this Act, 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 games and to the economic impact of
the games. A local organizing committee must provide an annual audited
financial statement required by the department [comptroller]
not later than the end of the fourth month after the date the period
covered by the financial statement ends.
(j) The department may not
make a disbursement from the Pan American Games trust fund unless the department
[comptroller] certifies that the disbursement is for a purpose for
which the state and the endorsing municipality are jointly obligated under
a games support contract or other agreement described by Subsection (g) of
this section.
(k) If the department
[comptroller] certifies under Subsection (j) of this section that a
disbursement may be made from the Pan American Games trust fund, the
obligation shall be satisfied first out of municipal revenue deposited in
the trust fund and any interest earned on that municipal revenue. If the
municipal revenue is not sufficient to satisfy the entire deficit, state
revenue deposited into the trust
fund and any interest earned on that state revenue shall be used to satisfy
the portion of the deficit not covered by the municipal revenue.
No
equivalent provision.
|
SECTION 2. Sections
4(b), (c), (d), (f), (h), (j), (k), and (m), Chapter 1507 (S.B. 456), Acts
of the 76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon's
Texas Civil Statutes), are 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 acting on behalf of an
endorsing municipality, 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 department [comptroller], but in no event later than
one year before the scheduled opening event of the games, the department
[comptroller] shall determine for each subsequent calendar quarter,
in accordance with procedures developed by the department [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 department [comptroller], to the
preparation for and presentation of the games and related events;
(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, that is directly
attributable, as determined by the department [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 the municipality's hotel occupancy tax imposed under
Chapter 351, Tax Code, that is directly attributable, as determined by the department
[comptroller], to the preparation for and presentation of the games
and related events.
(c) For the
purposes of Subsection (b)(1) of this section, the department [comptroller]
shall designate as a market area for the games each area in which the department
[comptroller] determines there is a reasonable likelihood of
measurable economic impact directly attributable to the preparation for and
presentation of the games and related events, including areas likely to
provide venues, accommodations, and services in connection with the games
based on the proposal provided by the local organizing committee under
Section 7 of this Act. The department [comptroller] shall
determine the geographic boundaries of each market area. The endorsing
municipality that has been selected as the site for the games must be
included in a market area for the games.
(d) The
comptroller, at the direction of the department, shall retain, for
the purpose of guaranteeing the joint obligations of the state and the
endorsing municipality under a games support contract and this Act, the
amount of municipal sales and use tax revenue determined under Subsection
(b)(2) of this section from the amounts otherwise required to be sent to
the municipality under Section 321.502, Tax Code, beginning with the first
distribution of that tax revenue that occurs after the date the department
[comptroller] makes the determination of the amount of municipal
sales and use tax revenue under Subsection (b)(2). The comptroller shall
discontinue retaining municipal sales and use 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 municipal sales and use tax revenue and municipal hotel occupancy
tax revenue in the Pan American Games trust fund equals 14 percent of the
maximum amount of state and municipal tax revenue that may be transferred to or deposited in the
trust fund under Subsection (m) of this section.
(f) Subject to Subsection
(m) of this section, the comptroller, at
the direction of the department, shall deposit into a trust fund
designated as the Pan American Games trust fund the amount of municipal
sales and use tax revenue retained under Subsection (d) of this section and,
at the same time, shall transfer to the
fund a portion of the state tax revenue determined by the
department 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 Subsection (m) of this section, the endorsing municipality shall
deposit into the trust fund the amount of the endorsing municipality's
hotel occupancy tax revenue determined by the department under
Subsection (b)(3) of this section.
The endorsing municipality
shall deposit that hotel occupancy tax revenue into the trust fund at least
quarterly. When the endorsing municipality makes a deposit of its hotel
occupancy tax revenue, the comptroller, at the direction of the
department, shall transfer to the
fund [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 municipal hotel occupancy tax revenue. The Pan American
Games 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 transferring [depositing] into the trust fund
any state tax revenue determined by the department 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 on
which the amount of state revenue in the Pan American Games trust fund
equals 86 percent of the maximum amount of state and municipal tax revenue
that may be transferred to or
deposited in the trust fund under Subsection (m) of this section.
(h) A local
organizing committee shall provide information required by the department
[comptroller] to enable the department [comptroller]
to fulfill the department's [comptroller's] duties under this
Act, 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 games and to the economic impact of the games. A local organizing
committee must provide an annual audited financial statement required by
the department [comptroller] not later than the end of the
fourth month after the date the period covered by the financial statement
ends.
(j) The department
may not make a disbursement from the Pan American Games trust fund unless
the department [comptroller] certifies that the disbursement
is for a purpose for which the state and the endorsing municipality are
jointly obligated under a games support contract or other agreement
described by Subsection (g) of this section.
(k) If the department
[comptroller] certifies under Subsection (j) of this section that a
disbursement may be made from the Pan American Games trust fund, the
obligation shall be satisfied first out of municipal revenue deposited in
the trust fund and any interest earned on that municipal revenue. If the
municipal revenue is not sufficient to satisfy the entire deficit, state
revenue transferred [deposited] into the trust fund
and any interest earned on that state revenue shall be used to satisfy the
portion of the deficit not covered by the municipal revenue.
(m) In no event
may:
(1) the total
amount of state and municipal tax revenue transferred to or
deposited in the Pan American Games trust fund exceed $20 million; or
(2) the joint
liability of the state and the endorsing municipality under a joinder
agreement and any other games support contracts entered into pursuant to
this Act exceed the lesser of:
(A) $20 million;
or
(B) the total
amount of revenue transferred to or deposited in the Pan American
Games trust fund and interest earned on the fund.
|
SECTION 2. Sections 4(i) and
(l), Chapter 1507 (S.B. 456), Acts of the 76th Legislature, Regular
Session, 1999 (Article 5190.14, Vernon's Texas Civil Statutes), as amended
by Chapters 579 (H.B. 1675) and 814 (S.B. 275), Acts of the 78th
Legislature, 2003, are reenacted and amended to read as follows:
(i) The department [comptroller]
shall provide an estimate not later than September [December] 1 [,
2003,] of the year that is eight years before the year in which the
games would be held in this 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 [, 2012,] of the year following the year
in which the games would 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 department [comptroller] shall provide the
estimate on request to a local organizing committee. A local organizing
committee may submit the department's [comptroller's]
estimate to a site selection organization.
(l) On January 1 [, 2013,]
of the second year following the year in which the games are held in this
state, the comptroller, at the direction of the department, 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.
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SECTION 3. Sections
4(i) and (l), Chapter 1507 (S.B. 456), Acts of the 76th Legislature,
Regular Session, 1999 (Article 5190.14, Vernon's Texas Civil Statutes), as
amended by Chapters 579 (H.B. 1675) and 814 (S.B. 275), Acts of the 78th
Legislature, Regular Session, 2003, are reenacted and amended to read as
follows:
(i) The department
[comptroller] shall provide an estimate not later than September [December]
1 [, 2003,] of the year that is eight years before the year in which
the games would be held in this state of the total amount of state and
municipal tax revenue that would be transferred
to or deposited in the Pan American Games trust fund before
January 1 [, 2012,] of the year following the year in which the
games would 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 department
[comptroller] shall provide the estimate on request to a local
organizing committee. A local organizing committee may submit the department's
[comptroller's] estimate to a site selection organization.
(l) On January 1 [,
2013,] of the second year following the year in which the games are
held in this state, the comptroller, at the direction of the department,
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 3. Sections 5(b),
(c), (d), (f), (h), (i), (j), (k), and (l), Chapter 1507 (S.B. 456), Acts
of the 76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon's
Texas Civil Statutes), are 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 department [comptroller],
but in no event later than one year before the scheduled opening event of
the games, the department [comptroller] shall determine for
each subsequent calendar quarter, in accordance with procedures developed
by the department [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 department [comptroller],
to the preparation for and presentation of the games and related events;
(2) the incremental increase
in the receipts collected by the state on behalf of each 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
revenue to be received by the endorsing municipality under Section
183.051(b), Tax Code, that is directly attributable, as determined by the department
[comptroller], to the preparation for and presentation of the games
and related events;
(3) the incremental increase
in the receipts collected by the state on behalf of each endorsing county
from the sales and use tax imposed by the county under Section 323.101(a),
Tax Code, and the mixed beverage tax revenue to be received by the
endorsing county under Section 183.051(b), Tax Code, that is directly
attributable, as determined by the department [comptroller],
to the preparation for and presentation of the games and related events;
(4) the incremental increase
in the receipts collected by each endorsing municipality from the hotel
occupancy tax imposed under Chapter 351, Tax Code, that is directly
attributable, as determined by the department [comptroller],
to the preparation for and presentation of the games and related events;
and
(5) the incremental increase
in the receipts collected by each endorsing county from the hotel occupancy
tax imposed under Chapter 352, Tax Code, that is directly attributable, as
determined by the department [comptroller], to the
preparation for and presentation of the games and related events.
(c) For the purposes of
Subsection (b)(1) of this section, the department [comptroller]
shall designate as a market area for the games each area in which the department
[comptroller] determines there is a reasonable likelihood of
measurable economic impact directly attributable to the preparation for and
presentation of the games and related events, including areas likely to
provide venues, accommodations, and services in connection with the games
based on the proposal provided by the local organizing committee under
Section 7 of this Act. The department [comptroller] shall
determine the geographic boundaries of each market area. Each endorsing
municipality or endorsing county that has been selected as the site for the
games must be included in a market area for the games.
(d) Subject to Section 6 of
this Act, the comptroller, at the direction of the department, shall
retain, for the purpose of guaranteeing the joint obligations of the state
and an endorsing municipality 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) or (b)(3) of this
section from the amounts otherwise required to be sent to the municipality
under Section 183.051(b) or 321.502, Tax Code, or to the county under
Section 183.051(b) or 323.502, Tax Code, beginning with the first
distribution of that tax revenue that occurs after the date the department
[comptroller] makes the determination of the amount of sales and use
tax revenue and mixed beverage tax revenue under Subsection (b)(2) 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
local 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 local tax revenue that may be deposited in the trust fund under
Subsection (m) of this section.
(f) Subject to Subsection
(m) of this section, each endorsing municipality or endorsing county shall
remit to the comptroller and the comptroller shall deposit into a trust
fund designated as the Olympic Games trust fund, on a quarterly basis, the
amount of the municipality's or county's hotel occupancy tax revenue
determined by the department under Subsection (b)(4) or (b)(5) of
this section, as applicable. Subject to Section 6 of this Act and
Subsection (m) of this section, the comptroller, at the direction of the
department, shall deposit into the trust fund the amount of sales and
use tax revenue and mixed beverage tax revenue retained under Subsection
(d) of this section for the same calendar quarter and, at the same time,
the state tax revenue determined by the department under Subsection
(b)(1) of this section for the quarter. The Olympic Games 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 by the department 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, municipal, and county tax revenue that may be
deposited in the trust fund under Subsection (m) of this section.
(h) A local organizing
committee shall provide information required by the department [comptroller]
to enable the department [comptroller] to fulfill the department's
[comptroller's] duties under this Act, 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 games and to the economic impact of
the games. A local organizing committee must provide an annual audited
financial statement required by the department [comptroller]
not later than the end of the fourth month after the date the period
covered by the financial statement ends.
(i) The department [comptroller]
shall provide an estimate before August 31 of the year that is 12 years
before the year in which the games would be held in this state, or as soon
as practical after that date, of the total amount of state, municipal, and
county 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 department [comptroller]
shall provide the estimate on request to a local organizing committee. A
local organizing committee may submit the department's [comptroller's]
estimate to a site selection organization.
(j) The department may not
make a disbursement from the Olympic Games trust fund unless the department
[comptroller] certifies that the disbursement is for a purpose for
which the state and each endorsing municipality or endorsing county are
jointly obligated under a games support contract or other agreement
described by Subsection (g) of this section. A disbursement may not be
made from the trust fund that the department determines would be used for
the purpose of soliciting the relocation of a professional sports franchise
located in this state.
(k) If the department
[comptroller] certifies under Subsection (j) of this section that a
disbursement may be made from the Olympic Games trust fund, the obligation
shall be satisfied proportionately from the state and municipal or county
revenue in the trust fund.
(l) Two years after the
closing event of the games, the comptroller,
at the direction of the department, shall transfer to the
general revenue fund any money remaining in the Olympic 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 each endorsing entity in
proportion to the amount contributed by the entity any money remaining in
the trust fund after the required amount is transferred to the general
revenue fund.
No
equivalent provision.
|
SECTION 4. Sections 5(b),
(c), (d), (f), (h), (i), (j), (k), (l), and (m), Chapter 1507 (S.B. 456),
Acts of the 76th Legislature, Regular Session, 1999 (Article 5190.14,
Vernon's Texas Civil Statutes), are 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 department [comptroller], but in no
event later than one year before the scheduled opening event of the games,
the department [comptroller] shall determine for each
subsequent calendar quarter, in accordance with procedures developed by the
department [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 department [comptroller],
to the preparation for and presentation of the games and related events;
(2) the incremental increase
in the receipts collected by the state on behalf of each 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 revenue to be
received by the endorsing municipality under Section 183.051(b), Tax Code,
that is directly attributable, as determined by the department [comptroller],
to the preparation for and presentation of the games and related events;
(3) the incremental increase
in the receipts collected by the state on behalf of each endorsing county
from the sales and use tax imposed by the county under Section 323.101(a),
Tax Code, and the mixed beverage tax revenue to be received by the
endorsing county under Section 183.051(b), Tax Code, that is directly
attributable, as determined by the department [comptroller],
to the preparation for and presentation of the games and related events;
(4) the incremental increase
in the receipts collected by each endorsing municipality from the hotel
occupancy tax imposed under Chapter 351, Tax Code, that is directly
attributable, as determined by the department [comptroller],
to the preparation for and presentation of the games and related events;
and
(5) the incremental increase
in the receipts collected by each endorsing county from the hotel occupancy
tax imposed under Chapter 352, Tax Code, that is directly attributable, as
determined by the department [comptroller], to the
preparation for and presentation of the games and related events.
(c) For the purposes of
Subsection (b)(1) of this section, the department [comptroller]
shall designate as a market area for the games each area in which the department
[comptroller] determines there is a reasonable likelihood of
measurable economic impact directly attributable to the preparation for and
presentation of the games and related events, including areas likely to
provide venues, accommodations, and services in connection with the games
based on the proposal provided by the local organizing committee under
Section 7 of this Act. The department [comptroller] shall
determine the geographic boundaries of each market area. Each endorsing
municipality or endorsing county that has been selected as the site for the
games must be included in a market area for the games.
(d) Subject to Section 6 of
this Act, the comptroller, at the direction of the department, shall
retain, for the purpose of guaranteeing the joint obligations of the state
and an endorsing municipality 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) or (b)(3) of this
section from the amounts otherwise required to be sent to the municipality
under Section 183.051(b) or 321.502, Tax Code, or to the county under
Section 183.051(b) or 323.502, Tax Code, beginning with the first
distribution of that tax revenue that occurs after the date the department
[comptroller] makes the determination of the amount of sales and use
tax revenue and mixed beverage tax revenue under Subsection (b)(2) 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
local 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 local tax revenue that may be transferred
to or deposited in the trust fund under Subsection (m) of this
section.
(f) Subject to Subsection
(m) of this section, each endorsing municipality or endorsing county shall
remit to the comptroller and the comptroller, at the direction of the department, shall deposit into a
trust fund designated as the Olympic Games trust fund, on a quarterly
basis, the amount of the municipality's or county's hotel occupancy tax
revenue determined by the department under Subsection (b)(4) or
(b)(5) of this section, as applicable. Subject to Section 6 of this Act
and Subsection (m) of this section, the comptroller, at the direction of
the department, shall deposit into the trust fund the amount of sales
and use tax revenue and mixed beverage tax revenue retained under
Subsection (d) of this section for the same calendar quarter and, at the
same time, shall transfer to the fund
the state tax revenue determined by the department under Subsection
(b)(1) of this section for the quarter. The Olympic Games 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 transfer [deposit] of the amount of state
tax revenue determined by the department 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, municipal, and county tax revenue that may be transferred to or deposited in the
trust fund under Subsection (m) of this section.
(h) A local organizing
committee shall provide information required by the department [comptroller]
to enable the department [comptroller] to fulfill the department's
[comptroller's] duties under this Act, 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 games and to the economic impact of
the games. A local organizing committee must provide an annual audited
financial statement required by the department [comptroller]
not later than the end of the fourth month after the date the period
covered by the financial statement ends.
(i) The department [comptroller]
shall provide an estimate before August 31 of the year that is 12 years
before the year in which the games would be held in this state, or as soon
as practical after that date, of the total amount of state, municipal, and
county tax revenue that would be transferred
to or 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 department [comptroller]
shall provide the estimate on request to a local organizing committee. A
local organizing committee may submit the department's [comptroller's]
estimate to a site selection organization.
(j) The department may not
make a disbursement from the Olympic Games trust fund unless the department
[comptroller] certifies that the disbursement is for a purpose for
which the state and each endorsing municipality or endorsing county are
jointly obligated under a games support contract or other agreement
described by Subsection (g) of this section. A disbursement may not be
made from the trust fund that the department determines would be used for
the purpose of soliciting the relocation of a professional sports franchise
located in this state.
(k) If the department
[comptroller] certifies under Subsection (j) of this section that a
disbursement may be made from the Olympic Games trust fund, the obligation
shall be satisfied proportionately from the state and municipal or county
revenue in the trust fund.
(l) Two years after the
closing event of the games, the department [comptroller] shall transfer to
the general revenue fund any money remaining in the Olympic 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 department [comptroller] shall remit to each endorsing entity
in proportion to the amount contributed by the entity any money remaining
in the trust fund after the required amount is transferred to the general
revenue fund.
(m) In no event may:
(1) the total amount of
state, municipal, and county tax revenue transferred to or deposited
in the Olympic Games trust fund exceed $100 million; or
(2) the joint liability of
the state and an endorsing municipality or county under a joinder agreement
and any other games support contracts entered into pursuant to this Act
exceed the lesser of:
(A) $100 million; or
(B) the total amount of
revenue transferred to or deposited in the Olympic Games trust fund
and interest earned on the fund.
|
SECTION 4. Sections 5A(a)(1)
and (2), Chapter 1507 (S.B. 456), Acts of the 76th Legislature, Regular
Session, 1999 (Article 5190.14, Vernon's Texas Civil Statutes), are amended
to read as follows:
(1) "Endorsing
county" means:
(A) a county that contains a
site selected by a site selection organization for one or more events; or
(B) a county that:
(i) does not contain a site
selected by a site selection organization for an event;
(ii) is included in the
market area for the event as designated by the department [comptroller];
and
(iii) is a party to an event
support contract.
(2) "Endorsing
municipality" means:
(A) a municipality that
contains a site selected by a site selection organization for one or more
events; or
(B) a municipality that:
(i) does not contain a site
selected by a site selection organization for an event;
(ii) is included in the
market area for the event as designated by the department [comptroller];
and
(iii) is a party to an event
support contract.
No
equivalent provision.
No
equivalent provision.
|
SECTION 5. Section 5A(a),
Chapter 1507 (S.B. 456), Acts of the 76th Legislature, Regular Session,
1999 (Article 5190.14, Vernon's Texas Civil Statutes), is amended by
amending Subdivisions (1), (2), and (4) and Subdivision (5), as amended by
S.B. 293, Acts of the 84th Legislature, Regular Session, 2015, to read as
follows:
(1) "Endorsing
county" means:
(A) a county that contains a
site selected by a site selection organization for one or more events; or
(B) a county that:
(i) does not contain a site
selected by a site selection organization for an event;
(ii) is included in the
market area for the event as designated by the department [comptroller];
and
(iii) is a party to an event
support contract.
(2) "Endorsing
municipality" means:
(A) a municipality that
contains a site selected by a site selection organization for one or more
events; or
(B) a municipality that:
(i) does not contain a site
selected by a site selection organization for an event;
(ii) is included in the
market area for the event as designated by the department [comptroller];
and
(iii) is a party to an event
support contract.
(4) "Event" means
a Super Bowl, a National Collegiate Athletic Association Final Four
tournament game, the National Basketball Association All-Star Game, the X
Games, the National Hockey League All-Star Game, the Major League Baseball
All-Star Game, a game of the National Collegiate Athletic Association Bowl
Championship Series or its successor or a National Collegiate Athletic
Association Division I Football Bowl Subdivision postseason playoff or
championship game, the National Collegiate Athletic Association men's or
women's lacrosse championships, a World Cup Soccer game, the World
Cup soccer tournament, the Major League Soccer All-Star Game, the Major
League Soccer Cup, a Professional Rodeo Cowboys Association Finals event,
an Elite Rodeo Association World Championship, the United States Open
Championship, the World Games, a national collegiate championship of an
amateur sport sanctioned by the national governing body of the sport that
is recognized by the United States Olympic Committee, an Olympic activity,
including a Junior or Senior activity, training program, or feeder program
sanctioned by the United States Olympic Committee's Community Olympic
Development Program, the Amateur Athletic Union Junior Olympic Games,
a mixed martial arts championship, the Breeders' Cup World Championships, a
Formula One automobile race, the Moto Grand Prix of the United States,
the Academy of Country Music Awards, the National Cutting Horse Association
Triple Crown, a national political convention of the Republican National
Committee or the Democratic National Committee, a presidential general
election debate, or the largest event held each year at a sports
entertainment venue in this state with a permanent seating capacity, including
grandstand and premium seating, of not less than 125,000. The term
includes any activities related to or associated with an event.
(5) "Site selection
organization" means:
(A) the National Football
League, the National Collegiate Athletic Association, the National
Basketball Association, ESPN or an affiliate, the National Hockey League,
Major League Baseball, the Federation Internationale de Football
Association (FIFA), the International World Games Association, the National
Association for Stock Car Auto Racing (NASCAR), Dorna Sports, the
Amateur Athletic Union, the Professional Rodeo Cowboys Association, the
Elite Rodeo Association, Major League Soccer, the United States Golf
Association, or the United States Olympic Committee;
(B) the national governing
body of a sport that is recognized by the United States Olympic Committee,
the National Thoroughbred Racing Association, Formula One Management
Limited, or the Federation Internationale de l'Automobile;
(C) the Academy of Country
Music;
(D) the National Cutting
Horse Association;
(E) the Republican National
Committee or the Democratic National Committee; [or]
(F) the Ultimate Fighting
Championship; or
(G) the Commission on
Presidential Debates.
|
SECTION 5. Sections 5A(a-1),
(a-2), (b), (b-1), (c), (d), (d-1), (f), (i), (j), (k), (m), (p), (v), (w),
and (y), Chapter 1507 (S.B. 456), Acts of the 76th Legislature, Regular
Session, 1999 (Article 5190.14, Vernon's Texas Civil Statutes), are amended
to read as follows:
(a-1) An event not listed in
Subsection (a)(4) of this section is ineligible for funding under this
section. A listed event may receive funding under this section only if:
(1) a site selection
organization selects a site located in this state for the event to be held
one time or, for an event scheduled to be held each year for a period of
years under an event contract, or an event support contract, one time each
year for the period of years, after considering, through a highly
competitive selection process, one or more sites that are not located in
this state;
(2) a site selection
organization selects a site in this state as:
(A) the sole site for the
event; or
(B) the sole site for the
event in a region composed of this state and one or more adjoining states;
(3) the event is held not
more than one time in any year; and
(4) the amount of the
incremental increase in tax receipts determined by the department [comptroller]
under Subsection (b) of this section equals or exceeds $1 million, provided
that for an event scheduled to be held each year for a period of years
under an event contract or event support contract, the incremental increase
in tax receipts shall be calculated as if the event did not occur in the
prior year.
(a-2) Subsection (a-1)(1) of
this section does not apply to an event that is the largest event held each
year at a sports entertainment venue in this state with a permanent seating
capacity, including grandstand and premium seating, of not less than
125,000. If an endorsing municipality or endorsing county requests the department
[comptroller] to make a determination under Subsection (b) of this
section for an event described by this subsection, the provisions of this
section apply to that event as if it satisfied the eligibility requirements
for an event under Subsection (a-1)(1) of this section.
No
equivalent provision.
(b) If a site selection
organization selects a site for an event in this state pursuant to an
application by a local organizing committee, endorsing municipality, or
endorsing county, upon request of a local organizing committee, endorsing
municipality, or endorsing county, the department [comptroller]
shall determine for a one-year period that begins two months before the
date on which the event will begin, in accordance with procedures developed
by the department [comptroller]:
(1) the incremental increase
in the receipts to the state from 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 department [comptroller],
to the preparation for and presentation of the event and related
activities;
(2) the incremental increase
in the receipts collected by the state on behalf of each endorsing
municipality in the market area from the sales and use tax imposed by each
endorsing municipality under Section 321.101(a), Tax Code, and the mixed
beverage tax revenue to be received by each endorsing municipality under
Section 183.051(b), Tax Code, that is directly attributable, as determined
by the department [comptroller], to the preparation for and
presentation of the event and related activities;
(3) the incremental increase
in the receipts collected by the state on behalf of each endorsing county
in the market area from the sales and use tax imposed by each endorsing
county under Section 323.101(a), Tax Code, and the mixed beverage tax
revenue to be received by each endorsing county under Section 183.051(b),
Tax Code, that is directly attributable, as determined by the department
[comptroller], to the preparation for and presentation of the event
and related activities;
(4) the incremental increase
in the receipts collected by each endorsing municipality in the market area
from the hotel occupancy tax imposed under Chapter 351, Tax Code, that is
directly attributable, as determined by the department [comptroller],
to the preparation for and presentation of the event and related
activities; and
(5) the incremental increase
in the receipts collected by each endorsing county in the market area from
the hotel occupancy tax imposed under Chapter 352, Tax Code, that is
directly attributable, as determined by the department [comptroller],
to the preparation for and presentation of the event and related
activities.
(b-1) A request for a
determination of the amount of incremental increase in tax receipts
specified by Subsection (b) of this section must be submitted to the department
[comptroller] not earlier than one year and not later than 45 days
before the date the event begins. The department [comptroller]
shall base the determination specified by Subsection (b) of this section on
information submitted by the local organizing committee, endorsing
municipality, or endorsing county, and must make the determination not
later than the 30th day after the date the department [comptroller]
receives the request and related information.
(c) For the purposes of
Subsection (b)(1) of this section, the department [comptroller]
shall designate as a market area for the event each area in which the department
[comptroller] determines there is a reasonable likelihood of
measurable economic impact directly attributable to the preparation for and
presentation of the event and related activities, including areas likely to
provide venues, accommodations, and services in connection with the event
based on the proposal provided by the local organizing committee to the department
[comptroller]. The department [comptroller] shall
determine the geographic boundaries of each market area. An endorsing
municipality or endorsing county that has been selected as the site for the
event must be included in a market area for the event.
(d) Each endorsing
municipality or endorsing county shall remit to the comptroller and the
comptroller shall deposit into a trust fund created by the comptroller and
designated as the Major Events trust fund the amount of the municipality's
or county's hotel occupancy tax revenue determined by the department
under Subsection (b)(4) or (b)(5) of this section, less any amount of the
revenue that the municipality or county determines is necessary to meet the
obligations of the municipality or county. The comptroller, at the
direction of the department, shall retain the amount of sales and use
tax revenue and mixed beverage tax revenue determined by the department
under Subsection (b)(2) or (b)(3) of this section from the amounts
otherwise required to be sent to the municipality under Sections 321.502
and 183.051(b), Tax Code, or to the county under Sections 323.502 and
183.051(b), Tax Code, and deposit into the trust fund the tax revenues,
less any amount of the revenue that the municipality or county determines
is necessary to meet the obligations of the municipality or county. The comptroller
shall begin retaining and depositing the local tax revenues with the first
distribution of that tax revenue that occurs after the first day of the
one-year period described by Subsection (b) of this section or at a time
otherwise determined to be practicable by the department [comptroller]
and shall discontinue retaining the local tax revenues under this
subsection when the amount of the applicable tax revenue determined by
the department under Subsection (b)(2) or (b)(3) of this section has
been retained. The Major Events trust fund is established outside the
state treasury and is held in trust by the comptroller for administration
of this Act. Money in the trust fund may be disbursed by the department
[comptroller] without appropriation only as provided by this
section.
(d-1) Not later than the
90th day after the last day of an event and in lieu of the local tax
revenues remitted [to] or retained [by the comptroller] under
Subsection (d) of this section, a municipality or county may remit to the comptroller for deposit in the Major
Events trust fund other local funds in an amount equal to the total amount
of local tax revenue determined by the department under Subsections
(b)(2) through (5) of this section. The amount deposited by the comptroller into the Major Events trust
fund under this subsection is subject to Subsection (f) of this section.
No
equivalent provision.
(f) The comptroller, at
the direction of the department, shall deposit
into the Major Events trust fund a portion of the state tax revenue not to
exceed the amount determined by the department under Subsection
(b)(1) of this section in an amount equal to 6.25 times the amount of the
local revenue retained or remitted under this section, including:
(1) local sales and use tax
revenue;
(2) mixed beverage tax
revenue;
(3) hotel occupancy tax
revenue; and
(4) surcharge and user fee
revenue.
(i) A local organizing
committee, endorsing municipality, or endorsing county shall provide
information required by the department [comptroller] to
enable the department [comptroller] to fulfill the department's
[comptroller's] duties under this section, including annual audited
statements of any financial records required by a site selection
organization and data obtained by the local organizing committee, an
endorsing municipality, or an endorsing county relating to attendance at
the event, including an estimate of the number of people expected to attend
the event who are not residents of this state, and to the economic impact
of the event. A local organizing committee, endorsing municipality, or
endorsing county must provide an annual audited financial statement
required by the department [comptroller], if any, not later
than the end of the fourth month after the date the period covered by the
financial statement ends. After the conclusion of an event and on the department's
[comptroller's] request, a local organizing committee, endorsing
municipality, or endorsing county must provide information relating to the
event, such as attendance figures, including an estimate of the number of
attendees at the event who are not residents of this state, financial
information, or other public information held by the local organizing
committee, endorsing municipality, or endorsing county that the department
[comptroller] considers necessary.
(j) Not later than the 30th
day after the date a request of a local organizing committee, endorsing
municipality, or endorsing county is submitted to the department [comptroller]
under Subsection (b-1) of this section, the department [comptroller]
shall provide an estimate of the total amount of tax revenue that would be
deposited in the Major Events trust fund under this section in connection
with that event, if the event were to be held in this state at a site
selected pursuant to an application by a local organizing committee,
endorsing municipality, or endorsing county. A local organizing
committee, endorsing municipality, or endorsing county may submit the department's
[comptroller's] estimate to a site selection organization.
(k) The department [comptroller]
may make a disbursement from the Major Events trust fund on the prior
approval of each contributing endorsing municipality or endorsing county
for a purpose for which a local organizing committee, an endorsing
municipality, or an endorsing county or the state is obligated under a game
support contract or event support contract. If an obligation is incurred
under a games support contract or event support contract to make a
structural improvement to the site or to add a fixture to the site for
purposes of an event and that improvement or fixture is expected to derive
most of its value in subsequent uses of the site for future events, a
disbursement from the trust fund made for purposes of that obligation is
limited to five percent of the cost of the improvement or fixture and the
remainder of the obligation is not eligible for a disbursement from the
trust fund, unless the improvement or fixture is for a publicly owned
facility. In considering whether to make a disbursement from the trust
fund, the department [comptroller] may not consider a
contingency clause in an event support contract as relieving a local
organizing committee's, endorsing municipality's, or endorsing county's
obligation to pay a cost under the contract. A disbursement may not be
made from the trust fund that the department [comptroller]
determines would be used for the purpose of soliciting the relocation of a
professional sports franchise located in this state.
No
equivalent provision.
(m) On payment of all state,
municipal, or county obligations under a game support contract or event
support contract related to the location of any particular event in the
state, the comptroller, at the direction of the department, shall
remit to each endorsing entity, in proportion to the amount contributed by
the entity, any money remaining in the trust fund.
(p) The department [comptroller]
may not undertake any of the responsibilities or duties set forth in this
section unless:
(1) a request is submitted
by the municipality or the county in which the event will be located;
(2) the event meets all the
requirements for funding under this section, including Subsection (a-1) of
this section; and
(3) the request is
accompanied by documentation from a site selection organization selecting
the site for the event.
(v) The department [comptroller]
may adopt rules necessary to implement this section.
(w) Not later than 10 months
after the last day of an event eligible for disbursements from the Major
Events trust fund for costs associated with the event, the department
[comptroller] using existing resources shall complete a study in
the market area of the event on the measurable economic impact directly
attributable to the preparation for and presentation of the event and
related activities. The department [comptroller] shall post
on the department's [comptroller's] Internet website:
(1) the results of the study
conducted under this subsection, including any source documentation or other
information relied on by the department [comptroller] for the
study;
(2) the amount of
incremental increase in tax receipts for the event determined by the
department under Subsection (b) of this section;
(3) the site selection
organization documentation described in Subsection (p)(3) of this section;
(4) any source documentation
or information described under Subsection (i) of this section that was
relied on by the department [comptroller] in making the
determination of the amount of incremental increase in tax receipts under
Subsection (b) of this section; and
(5) documentation verifying
that:
(A) a request submitted by a
local organizing committee, endorsing municipality, or endorsing county
under Subsection (p) of this section is complete and certified as such by
the department [comptroller];
(B) the determination on the
amount of incremental increases in tax receipts under Subsection (b) of
this section considered the information submitted by a local organizing
committee, endorsing municipality, or endorsing county as required under
Subsection (b-1) of this section; and
(C) each deadline
established under this section was timely met.
(y) After the conclusion of
an event, the department [comptroller] shall compare
information on the actual attendance figures provided to the department
[comptroller] under Subsection (i) of this section with the
estimated attendance numbers used to determine the incremental increase in
tax receipts under Subsection (b) of this section. If the actual
attendance figures are significantly lower than the estimated attendance
numbers, the department [comptroller] may reduce the amount
of a disbursement for an endorsing entity under the Major Events trust fund
in proportion to the discrepancy between the actual and estimated
attendance and in proportion to the amount contributed to the fund by the
entity. The department [comptroller] by rule shall define
"significantly lower" for purposes of this subsection and provide
the manner in which a disbursement may be proportionately reduced. This
subsection does not affect the remittance of any money remaining in the
fund in accordance with Subsection (m) of this section.
|
SECTION 6. Section 5A,
Chapter 1507 (S.B. 456), Acts of the 76th Legislature, Regular Session,
1999 (Article 5190.14, Vernon's Texas Civil Statutes), is amended by
amending Subsections (a-1), (a-2), (b), (b-1), (c), (d), (d-1), (e), (f),
(i), (j), (k), (l), (m), (p), (v), (w), and (y) and adding Subsection (a-3)
to read as follows:
(a-1) An event not listed in
Subsection (a)(4) of this section is ineligible for funding under this
section. A listed event may receive funding under this section only if:
(1) a site selection
organization selects a site located in this state for the event to be held
one time or, for an event scheduled to be held each year for a period of
years under an event contract, or an event support contract, one time each
year for the period of years, after considering, through a highly
competitive selection process, one or more sites that are not located in
this state;
(2) a site selection
organization selects a site in this state as:
(A) the sole site for the
event; or
(B) the sole site for the
event in a region composed of this state and one or more adjoining states;
(3) the event is held not
more than one time in any year; and
(4) the amount of the
incremental increase in tax receipts determined by the department [comptroller]
under Subsection (b) of this section equals or exceeds $1 million, provided
that for an event scheduled to be held each year for a period of years
under an event contract or event support contract, the incremental increase
in tax receipts shall be calculated as if the event did not occur in the
prior year.
(a-2) Subsection (a-1)(1) of
this section does not apply to an event that is the largest event held each
year at a sports entertainment venue in this state with a permanent seating
capacity, including grandstand and premium seating, of not less than
125,000. If an endorsing municipality or endorsing county requests the department
[comptroller] to make a determination under Subsection (b) of this
section for an event described by this subsection, the provisions of this
section apply to that event as if it satisfied the eligibility requirements
for an event under Subsection (a-1)(1) of this section.
(a-3) For purposes of
Subsection (a-1) of this section, each presidential general election debate
in a series of presidential debates before a general election is considered
a separate, single event.
(b) If a site selection
organization selects a site for an event in this state pursuant to an
application by a local organizing committee, endorsing municipality, or
endorsing county, upon request of a local organizing committee, endorsing
municipality, or endorsing county, the department [comptroller]
shall determine for a one-year period that begins two months before the
date on which the event will begin, in accordance with procedures developed
by the department [comptroller]:
(1) the incremental increase
in the receipts to the state from 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 department [comptroller],
to the preparation for and presentation of the event and related
activities;
(2) the incremental increase
in the receipts collected by the state on behalf of each endorsing
municipality in the market area from the sales and use tax imposed by each
endorsing municipality under Section 321.101(a), Tax Code, and the mixed
beverage tax revenue to be received by each endorsing municipality under
Section 183.051(b), Tax Code, that is directly attributable, as determined
by the department [comptroller], to the preparation for and
presentation of the event and related activities;
(3) the incremental increase
in the receipts collected by the state on behalf of each endorsing county
in the market area from the sales and use tax imposed by each endorsing
county under Section 323.101(a), Tax Code, and the mixed beverage tax
revenue to be received by each endorsing county under Section 183.051(b),
Tax Code, that is directly attributable, as determined by the department
[comptroller], to the preparation for and presentation of the event
and related activities;
(4) the incremental increase
in the receipts collected by each endorsing municipality in the market area
from the hotel occupancy tax imposed under Chapter 351, Tax Code, that is
directly attributable, as determined by the department [comptroller],
to the preparation for and presentation of the event and related
activities; and
(5) the incremental increase
in the receipts collected by each endorsing county in the market area from
the hotel occupancy tax imposed under Chapter 352, Tax Code, that is
directly attributable, as determined by the department [comptroller],
to the preparation for and presentation of the event and related
activities.
(b-1) A request for a
determination of the amount of incremental increase in tax receipts
specified by Subsection (b) of this section must be submitted to the department
[comptroller] not earlier than one year and not later than 45 days
before the date the event begins. The department [comptroller]
shall base the determination specified by Subsection (b) of this section on
information submitted by the local organizing committee, endorsing
municipality, or endorsing county, and must make the determination not
later than the 30th day after the date the department [comptroller]
receives the request and related information.
(c) For the purposes of
Subsection (b)(1) of this section, the department [comptroller]
shall designate as a market area for the event each area in which the department
[comptroller] determines there is a reasonable likelihood of
measurable economic impact directly attributable to the preparation for and
presentation of the event and related activities, including areas likely to
provide venues, accommodations, and services in connection with the event
based on the proposal provided by the local organizing committee to the department
[comptroller]. The department [comptroller] shall
determine the geographic boundaries of each market area. An endorsing
municipality or endorsing county that has been selected as the site for the
event must be included in a market area for the event.
(d) Each endorsing
municipality or endorsing county shall remit to the comptroller and the
comptroller shall deposit into a trust fund created by the comptroller, at the direction of the department,
and designated as the Major Events trust fund the amount of the
municipality's or county's hotel occupancy tax revenue determined by the
department under Subsection (b)(4) or (b)(5) of this section, less any
amount of the revenue that the municipality or county determines is
necessary to meet the obligations of the municipality or county. The
comptroller, at the direction of the department, shall retain the
amount of sales and use tax revenue and mixed beverage tax revenue
determined by the department under Subsection (b)(2) or (b)(3) of
this section from the amounts otherwise required to be sent to the
municipality under Sections 321.502 and 183.051(b), Tax Code, or to the
county under Sections 323.502 and 183.051(b), Tax Code, and deposit into
the trust fund the tax revenues, less any amount of the revenue that the
municipality or county determines is necessary to meet the obligations of
the municipality or county. The comptroller shall begin retaining and
depositing the local tax revenues with the first distribution of that tax
revenue that occurs after the first day of the one-year period described by
Subsection (b) of this section or at a time otherwise determined to be
practicable by the department [comptroller] and shall
discontinue retaining the local tax revenues under this subsection when the
amount of the applicable tax revenue determined by the department
under Subsection (b)(2) or (b)(3) of this section has been retained. The
Major Events trust fund is established outside the state treasury and is
held in trust by the comptroller for administration of this Act. Money in
the trust fund may be disbursed by the department [comptroller]
without appropriation only as provided by this section.
(d-1) Not later than the
90th day after the last day of an event and in lieu of the local tax
revenues remitted [to] or retained [by the comptroller] under
Subsection (d) of this section, a municipality or county may remit to the department [comptroller] for deposit in the Major Events trust
fund other local funds in an amount equal to the total amount of local tax
revenue determined by the department under Subsections (b)(2)
through (5) of this section. The amount deposited by the department [comptroller] into the Major Events trust fund under
this subsection is subject to Subsection (f) of this section.
(e) In addition to the tax
revenue deposited in the Major Events trust fund under Subsection (d) of
this section, an endorsing municipality or endorsing county may guarantee
its obligations under an event support contract and this section by
pledging surcharges from user fees, including parking or ticket fees,
charged in connection with the event. An endorsing municipality or
endorsing county may collect and remit to the department [comptroller]
surcharges and user fees attributable to the event for deposit into the
Major Events trust fund.
(f) The comptroller, at
the direction of the department, shall transfer [deposit] into the Major Events
trust fund a portion of the state tax revenue not to exceed the amount
determined by the department under Subsection (b)(1) of this section
in an amount equal to 6.25 times the amount of the local revenue retained
or remitted under this section, including:
(1) local sales and use tax
revenue;
(2) mixed beverage tax
revenue;
(3) hotel occupancy tax
revenue; and
(4) surcharge and user fee
revenue.
(i) A local organizing
committee, endorsing municipality, or endorsing county shall provide
information required by the department [comptroller] to
enable the department [comptroller] to fulfill the department's
[comptroller's] duties under this section, including annual audited
statements of any financial records required by a site selection
organization and data obtained by the local organizing committee, an
endorsing municipality, or an endorsing county relating to attendance at
the event, including an estimate of the number of people expected to attend
the event who are not residents of this state, and to the economic impact
of the event. A local organizing committee, endorsing municipality, or
endorsing county must provide an annual audited financial statement
required by the department [comptroller], if any, not later
than the end of the fourth month after the date the period covered by the
financial statement ends. After the conclusion of an event and on the department's
[comptroller's] request, a local organizing committee, endorsing
municipality, or endorsing county must provide information relating to the
event, such as attendance figures, including an estimate of the number of
attendees at the event who are not residents of this state, financial
information, or other public information held by the local organizing
committee, endorsing municipality, or endorsing county that the department
[comptroller] considers necessary.
(j) Not later than the 30th
day after the date a request of a local organizing committee, endorsing
municipality, or endorsing county is submitted to the department [comptroller]
under Subsection (b-1) of this section, the department [comptroller]
shall provide an estimate of the total amount of tax revenue that would be
deposited in the Major Events trust fund under this section in connection
with that event, if the event were to be held in this state at a site selected
pursuant to an application by a local organizing committee, endorsing
municipality, or endorsing county. A local organizing committee,
endorsing municipality, or endorsing county may submit the department's
[comptroller's] estimate to a site selection organization.
(k) The department [comptroller]
may make a disbursement from the Major Events trust fund on the prior
approval of each contributing endorsing municipality or endorsing county
for a purpose for which a local organizing committee, an endorsing
municipality, or an endorsing county or the state is obligated under a game
support contract or event support contract. If an obligation is incurred
under a games support contract or event support contract to make a
structural improvement to the site or to add a fixture to the site for
purposes of an event and that improvement or fixture is expected to derive
most of its value in subsequent uses of the site for future events, a
disbursement from the trust fund made for purposes of that obligation is
limited to five percent of the cost of the improvement or fixture and the
remainder of the obligation is not eligible for a disbursement from the
trust fund, unless the improvement or fixture is for a publicly owned
facility. In considering whether to make a disbursement from the trust
fund, the department [comptroller] may not consider a
contingency clause in an event support contract as relieving a local
organizing committee's, endorsing municipality's, or endorsing county's
obligation to pay a cost under the contract. A disbursement may not be
made from the trust fund that the department [comptroller]
determines would be used for the purpose of soliciting the relocation of a
professional sports franchise located in this state.
(l) If a disbursement is
made from the Major Events trust fund under Subsection (k) of this
section, the obligation shall be satisfied proportionately from the
state and local revenue in the trust fund.
(m) On payment of all state,
municipal, or county obligations under a game support contract or event
support contract related to the location of any particular event in the
state, the department [comptroller] shall remit to each
endorsing entity, in proportion to the amount contributed by the entity,
any money remaining in the trust fund.
(p) The department [comptroller]
may not undertake any of the responsibilities or duties set forth in this
section unless:
(1) a request is submitted
by the municipality or the county in which the event will be located;
(2) the event meets all the
requirements for funding under this section, including Subsection (a-1) of
this section; and
(3) the request is
accompanied by documentation from a site selection organization selecting
the site for the event.
(v) The department [comptroller]
may adopt rules necessary to implement this section.
(w) Not later than 10 months
after the last day of an event eligible for disbursements from the Major
Events trust fund for costs associated with the event, the department
[comptroller] using existing resources shall complete a study in the
market area of the event on the measurable economic impact directly
attributable to the preparation for and presentation of the event and
related activities. The department [comptroller] shall post
on the department's [comptroller's] Internet website:
(1) the results of the study
conducted under this subsection, including any source documentation or
other information relied on by the department [comptroller]
for the study;
(2) the amount of
incremental increase in tax receipts for the event determined by the
department under Subsection (b) of this section;
(3) the site selection
organization documentation described in Subsection (p)(3) of this section;
(4) any source documentation
or information described under Subsection (i) of this section that was
relied on by the department [comptroller] in making the
determination of the amount of incremental increase in tax receipts under
Subsection (b) of this section; and
(5) documentation verifying
that:
(A) a request submitted by a
local organizing committee, endorsing municipality, or endorsing county
under Subsection (p) of this section is complete and certified as such by
the department [comptroller];
(B) the determination on the
amount of incremental increases in tax receipts under Subsection (b) of
this section considered the information submitted by a local organizing
committee, endorsing municipality, or endorsing county as required under
Subsection (b-1) of this section; and
(C) each deadline
established under this section was timely met.
(y) After the conclusion of
an event, the department [comptroller] shall compare
information on the actual attendance figures provided to the department
[comptroller] under Subsection (i) of this section with the
estimated attendance numbers used to determine the incremental increase in
tax receipts under Subsection (b) of this section. If the actual attendance
figures are significantly lower than the estimated attendance numbers, the department
[comptroller] may reduce the amount of a disbursement for an
endorsing entity under the Major Events trust fund in proportion to the
discrepancy between the actual and estimated attendance and in proportion
to the amount contributed to the fund by the entity. The department
[comptroller] by rule shall define "significantly lower"
for purposes of this subsection and provide the manner in which a
disbursement may be proportionately reduced. This subsection does not
affect the remittance of any money remaining in the fund in accordance with
Subsection (m) of this section.
|
SECTION 6. Sections 5B(b),
(c), (d), (f), (i), (j), (k), (m), and (o), Chapter 1507 (S.B. 456), Acts
of the 76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon's
Texas Civil Statutes), are amended to read as follows:
(b) If a site selection
organization selects a site for a motor sports racing event in this state
pursuant to an application by a local organizing committee, endorsing
municipality, or endorsing county, not later than three months before the
date of the motor sports racing event, the department [comptroller]
shall determine for the 30-day period that ends at the end of the day after
the date on which the racing event will be held, in accordance with
procedures developed by the department [comptroller]:
(1) the incremental increase
in the receipts to the state from 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 department [comptroller],
to the preparation for and presentation of the racing event;
(2) the incremental increase
in the receipts collected by the state on behalf of each endorsing
municipality in the market area from the sales and use tax imposed by each
endorsing municipality under Section 321.101(a), Tax Code, and the mixed
beverage tax revenue to be received by each endorsing municipality under
Section 183.051(b), Tax Code, that is directly attributable, as determined
by the department [comptroller], to the preparation for and
presentation of the racing event;
(3) the incremental increase
in the receipts collected by the state on behalf of each endorsing county
in the market area from the sales and use tax imposed by each endorsing
county under Section 323.101(a), Tax Code, and the mixed beverage tax
revenue to be received by each endorsing county under Section 183.051(b),
Tax Code, that is directly attributable, as determined by the department
[comptroller], to the preparation for and presentation of the racing
event;
(4) the incremental increase
in the receipts collected by each endorsing municipality in the market area
from the hotel occupancy tax imposed under Chapter 351, Tax Code, that is
directly attributable, as determined by the department [comptroller],
to the preparation for and presentation of the racing event; and
(5) the incremental increase
in the receipts collected by each endorsing county in the market area from
the hotel occupancy tax imposed under Chapter 352, Tax Code, that is
directly attributable, as determined by the department [comptroller],
to the preparation for and presentation of the racing event.
(c) For the purposes of
Subsection (b)(1) of this section, the department [comptroller]
shall designate as a market area for the motor sports racing event each
area in which the department [comptroller] determines there
is a reasonable likelihood of measurable economic impact directly
attributable to the preparation for and presentation of the racing event,
including areas likely to provide venues, accommodations, and services in
connection with the racing event based on a proposal or other information
provided by an endorsing municipality, endorsing county, or local
organizing committee to the department [comptroller]. The department
[comptroller] shall determine the geographic boundaries of each
market area. An endorsing municipality or endorsing county that has been
selected as the site for the racing event must be included in a market area
for the racing event.
(d) Each endorsing
municipality or endorsing county shall remit to the comptroller and the
comptroller shall deposit into a trust fund created by the comptroller and
designated as the Motor Sports Racing trust fund for the particular event
the amount of the municipality's or county's hotel occupancy tax revenue
determined by the department under Subsection (b)(4) or (5) of this
section, less any amount of the revenue that the municipality or county
determines is necessary to meet the obligations of the municipality or
county. The comptroller, at the direction of the department, shall
retain the amount of sales and use tax revenue and mixed beverage tax
revenue determined by the department under Subsection (b)(2) or (3)
of this section from the amounts otherwise required to be sent to the
municipality under Sections 321.502 and 183.051(b), Tax Code, or to the
county under Sections 323.502 and 183.051(b), Tax Code, and deposit into
the trust fund the tax revenues, less any amount of the revenue that the
municipality or county determines is necessary to meet the obligations of
the municipality or county. The comptroller shall begin retaining and
depositing the local tax revenues with the first distribution of that tax
revenue that occurs after the first day of the 30-day period described by
Subsection (b) of this section and shall discontinue retaining the local
tax revenues under this subsection when the amount of the applicable tax
revenue determined under Subsection (b)(2) or (3) of this section has been
retained. The Motor Sports Racing trust fund is established outside the
state treasury and is held in trust by the comptroller for administration
of this section. Money in the trust fund may be disbursed by the department
[comptroller] without appropriation only as provided by this
section.
(f) The comptroller, at
the direction of the department, shall deposit
a portion of the state tax revenue determined by the department
under Subsection (b)(1) of this section in an amount equal to 6.25 times
the amount of the local sales and use tax revenue and mixed beverage tax
revenue retained and the hotel occupancy tax revenue remitted by an
endorsing municipality or endorsing county under Subsection (d) of this
section.
No
equivalent provision.
(i) A local organizing
committee, endorsing municipality, or endorsing county shall provide
information required by the department [comptroller] to
enable the department [comptroller] to fulfill the department's
[comptroller's] duties under this section, including annual audited
statements of any financial records required by a site selection
organization and data obtained by the local organizing committee, an
endorsing municipality, or an endorsing county relating to attendance at the
motor sports racing event and to the economic impact of the racing event.
A local organizing committee, endorsing municipality, or endorsing county
must provide an annual audited financial statement required by the department
[comptroller], if any, not later than the end of the fourth month
after the date the period covered by the financial statement ends.
(j) The department [comptroller]
shall provide an estimate not later than three months before the date of a
motor sports racing event of the total amount of tax revenue that would be
deposited in the Motor Sports Racing trust fund under this section in
connection with that racing event, if the racing event were to be held in
this state at a site selected pursuant to an application by a local
organizing committee, endorsing municipality, or endorsing county. The department
[comptroller] shall provide the estimate on request to a local
organizing committee, endorsing municipality, or endorsing county. A local
organizing committee, endorsing municipality, or endorsing county may
submit the department's [comptroller's] estimate to a site
selection organization.
(k) The department [comptroller]
may make a disbursement from the Motor Sports Racing trust fund on the
prior approval of each contributing endorsing municipality or endorsing
county for a purpose for which an endorsing municipality or endorsing
county or the state is obligated under a motor sports racing event support
contract or event support contract. A disbursement may not be made from
the trust fund that the department [comptroller] determines
would be used for the purpose of soliciting the relocation of a
professional sports franchise located in this state.
(m) On payment of all state,
municipal, or county obligations under a motor sports racing support
contract or event support contract related to the location of any
particular racing event in the state, the comptroller,
at the direction of the department,
shall remit to each endorsing entity, in proportion to the amount
contributed by the entity, any money remaining in the trust fund.
(o) The department [comptroller]
may not undertake any of the responsibilities or duties set forth in this
section unless a request is submitted by the municipality and the county in
which the motor sports racing event will be held. The request must be
accompanied by documentation from a site selection organization selecting
the site for the racing event.
|
SECTION 7. Sections 5B(b),
(c), (d), (f), (g), (i), (j), (k), (m), and (o), Chapter 1507 (S.B. 456),
Acts of the 76th Legislature, Regular Session, 1999 (Article 5190.14,
Vernon's Texas Civil Statutes), are amended to read as follows:
(b) If a site selection
organization selects a site for a motor sports racing event in this state
pursuant to an application by a local organizing committee, endorsing
municipality, or endorsing county, not later than three months before the
date of the motor sports racing event, the department [comptroller]
shall determine for the 30-day period that ends at the end of the day after
the date on which the racing event will be held, in accordance with
procedures developed by the department [comptroller]:
(1) the incremental increase
in the receipts to the state from 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 department [comptroller],
to the preparation for and presentation of the racing event;
(2) the incremental increase
in the receipts collected by the state on behalf of each endorsing
municipality in the market area from the sales and use tax imposed by each
endorsing municipality under Section 321.101(a), Tax Code, and the mixed
beverage tax revenue to be received by each endorsing municipality under
Section 183.051(b), Tax Code, that is directly attributable, as determined
by the department [comptroller], to the preparation for and
presentation of the racing event;
(3) the incremental increase
in the receipts collected by the state on behalf of each endorsing county
in the market area from the sales and use tax imposed by each endorsing
county under Section 323.101(a), Tax Code, and the mixed beverage tax
revenue to be received by each endorsing county under Section 183.051(b),
Tax Code, that is directly attributable, as determined by the department
[comptroller], to the preparation for and presentation of the racing
event;
(4) the incremental increase
in the receipts collected by each endorsing municipality in the market area
from the hotel occupancy tax imposed under Chapter 351, Tax Code, that is
directly attributable, as determined by the department [comptroller],
to the preparation for and presentation of the racing event; and
(5) the incremental increase
in the receipts collected by each endorsing county in the market area from
the hotel occupancy tax imposed under Chapter 352, Tax Code, that is
directly attributable, as determined by the department [comptroller],
to the preparation for and presentation of the racing event.
(c) For the purposes of
Subsection (b)(1) of this section, the department [comptroller]
shall designate as a market area for the motor sports racing event each
area in which the department [comptroller] determines there
is a reasonable likelihood of measurable economic impact directly
attributable to the preparation for and presentation of the racing event,
including areas likely to provide venues, accommodations, and services in
connection with the racing event based on a proposal or other information
provided by an endorsing municipality, endorsing county, or local
organizing committee to the department [comptroller]. The department
[comptroller] shall determine the geographic boundaries of each
market area. An endorsing municipality or endorsing county that has been
selected as the site for the racing event must be included in a market area
for the racing event.
(d) Each endorsing
municipality or endorsing county shall remit to the comptroller and the
comptroller shall deposit into a trust fund created by the comptroller, at the direction of the department,
and designated as the Motor Sports Racing trust fund for the particular
event the amount of the municipality's or county's hotel occupancy tax
revenue determined by the department under Subsection (b)(4) or (5)
of this section, less any amount of the revenue that the municipality or
county determines is necessary to meet the obligations of the municipality
or county. The comptroller, at the direction of the department,
shall retain the amount of sales and use tax revenue and mixed beverage tax
revenue determined by the department under Subsection (b)(2) or (3)
of this section from the amounts otherwise required to be sent to the
municipality under Sections 321.502 and 183.051(b), Tax Code, or to the
county under Sections 323.502 and 183.051(b), Tax Code, and deposit into
the trust fund the tax revenues, less any amount of the revenue that the
municipality or county determines is necessary to meet the obligations of
the municipality or county. The comptroller shall begin retaining and
depositing the local tax revenues with the first distribution of that tax
revenue that occurs after the first day of the 30-day period described by
Subsection (b) of this section and shall discontinue retaining the local
tax revenues under this subsection when the amount of the applicable tax
revenue determined under Subsection (b)(2) or (3) of this section has been
retained. The Motor Sports Racing trust fund is established outside the
state treasury and is held in trust by the comptroller for administration
of this section. Money in the trust fund may be disbursed by the department
[comptroller] without appropriation only as provided by this
section.
(f) The comptroller, at
the direction of the department, shall transfer [deposit] a portion of the state
tax revenue determined by the department under Subsection (b)(1) of
this section in an amount equal to 6.25 times the amount of the local sales
and use tax revenue and mixed beverage tax revenue retained and the hotel
occupancy tax revenue remitted by an endorsing municipality or endorsing
county under Subsection (d) of this section.
(g) To meet its obligations
under a motor sports racing event support contract or event support contract
to improve, renovate, or acquire facilities or to acquire equipment, an
endorsing municipality by ordinance or an endorsing county by order may
authorize the issuance of notes. An endorsing municipality or endorsing
county may provide that the notes be paid from and secured by amounts on
deposit or amounts to be transferred or deposited into the Motor
Sports Racing trust fund or surcharges from user fees, including parking or
ticket fees, charged in connection with the racing event. Any note issued
must mature not later than seven years from its date of issuance.
(i) A local organizing
committee, endorsing municipality, or endorsing county shall provide
information required by the department [comptroller] to
enable the department [comptroller] to fulfill the department's
[comptroller's] duties under this section, including annual audited
statements of any financial records required by a site selection
organization and data obtained by the local organizing committee, an
endorsing municipality, or an endorsing county relating to attendance at
the motor sports racing event and to the economic impact of the racing
event. A local organizing committee, endorsing municipality, or endorsing
county must provide an annual audited financial statement required by the department
[comptroller], if any, not later than the end of the fourth month
after the date the period covered by the financial statement ends.
(j) The department [comptroller]
shall provide an estimate not later than three months before the date of a
motor sports racing event of the total amount of tax revenue that would be transferred to or deposited in the
Motor Sports Racing trust fund under this section in connection with that
racing event, if the racing event were to be held in this state at a site
selected pursuant to an application by a local organizing committee,
endorsing municipality, or endorsing county. The department [comptroller]
shall provide the estimate on request to a local organizing committee,
endorsing municipality, or endorsing county. A local organizing committee,
endorsing municipality, or endorsing county may submit the department's
[comptroller's] estimate to a site selection organization.
(k) The department [comptroller]
may make a disbursement from the Motor Sports Racing trust fund on the
prior approval of each contributing endorsing municipality or endorsing
county for a purpose for which an endorsing municipality or endorsing
county or the state is obligated under a motor sports racing event support
contract or event support contract. A disbursement may not be made from
the trust fund that the department [comptroller] determines
would be used for the purpose of soliciting the relocation of a
professional sports franchise located in this state.
(m) On payment of all state,
municipal, or county obligations under a motor sports racing support
contract or event support contract related to the location of any
particular racing event in the state, the department [comptroller] shall remit to each
endorsing entity, in proportion to the amount contributed by the entity,
any money remaining in the trust fund.
(o) The department [comptroller]
may not undertake any of the responsibilities or duties set forth in this
section unless a request is submitted by the municipality and the county in
which the motor sports racing event will be held. The request must be
accompanied by documentation from a site selection organization selecting
the site for the racing event.
|
SECTION 7. Sections 5C(b),
(b-1), (c), (c-1), (d), (d-1), (f), (i), (j), (k), (k-1), (m), (o), (p),
(q), (r), and (t), Chapter 1507 (S.B. 456), Acts of the 76th Legislature,
Regular Session, 1999 (Article 5190.14, Vernon's Texas Civil Statutes), are
amended to read as follows:
(b) If a site selection
organization selects a site for an event in this state pursuant to an
application by a local organizing committee, endorsing municipality, or
endorsing county, not later than three months before the date of the event,
the department [comptroller] shall determine for the 30-day
period that ends at the end of the day after the date on which the event
will be held or, if the event occurs on more than one day, after the last
date on which the event will be held, in accordance with procedures
developed by the department [comptroller]:
(1) the incremental increase
in the receipts to this state from 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 department [comptroller],
to the preparation for and presentation of the event and related
activities;
(2) the incremental increase
in the receipts collected by this state on behalf of each endorsing
municipality in the market area from the sales and use tax imposed by each
endorsing municipality under Section 321.101(a), Tax Code, and the mixed
beverage tax revenue to be received by each endorsing municipality under
Section 183.051(b), Tax Code, that is directly attributable, as determined
by the department [comptroller], to the preparation for and
presentation of the event and related activities;
(3) the incremental increase
in the receipts collected by this state on behalf of each endorsing county
in the market area from the sales and use tax imposed by each endorsing
county under Section 323.101(a), Tax Code, and the mixed beverage tax
revenue to be received by each endorsing county under Section 183.051(b),
Tax Code, that is directly attributable, as determined by the department
[comptroller], to the preparation for and presentation of the event
and related activities;
(4) the incremental increase
in the receipts collected by each endorsing municipality in the market area
from the hotel occupancy tax imposed under Chapter 351, Tax Code, that is
directly attributable, as determined by the department [comptroller],
to the preparation for and presentation of the event and related
activities; and
(5) the incremental increase
in the receipts collected by each endorsing county in the market area from
the hotel occupancy tax imposed under Chapter 352, Tax Code, that is
directly attributable, as determined by the department [comptroller],
to the preparation for and presentation of the event and related
activities.
(b-1) The number of requests
for funding under this section that may be submitted by an endorsing county
or endorsing municipality during any 12-month period for an event for which
the department [comptroller] determines that the total amount
of the incremental increase in tax receipts under Subsection (b) of this
section is less than $200,000 is limited to, during any 12-month period,
not more than 10 events, only three of which may be nonsporting events.
(c) For the purposes of
Subsection (b)(1) of this section, the department [comptroller]
shall designate as a market area for the event each area in which the department
[comptroller] determines there is a reasonable likelihood of
measurable economic impact directly attributable to the preparation for and
presentation of the event and related activities, including areas likely to
provide venues, accommodations, and services in connection with the event
based on the proposal provided by the local organizing committee to the department
[comptroller]. The department [comptroller] shall
determine the geographic boundaries of each market area. An endorsing
municipality or endorsing county that has been selected as the site for the
event must be included in a market area for the event.
(c-1) The department
[comptroller] shall base the determination specified by Subsection
(b) of this section on information submitted by the local organizing
committee, endorsing municipality, or endorsing county, and must make the
determination not later than the 30th day after the date the department
[comptroller] receives the information.
(d) Each endorsing
municipality or endorsing county shall remit to the comptroller and the
comptroller shall deposit into a trust fund created by the comptroller and
designated as the Events trust fund the amount of the municipality's or
county's hotel occupancy tax revenue determined by the department
under Subsection (b)(4) or (5) of this section, less any amount of the
revenue that the municipality or county determines is necessary to meet the
obligations of the municipality or county.
The comptroller, at the
direction of the department, shall retain the amount of sales and use
tax revenue and mixed beverage tax revenue determined by the department
under Subsection (b)(2) or (3) of this section from the amounts otherwise
required to be sent to the municipality under Sections 321.502 and
183.051(b), Tax Code, or to the county under Sections 323.502 and
183.051(b), Tax Code, and deposit into the trust fund the tax revenues,
less any amount of the revenue that the municipality or county determines
is necessary to meet the obligations of the municipality or county. The
comptroller shall begin retaining and depositing the local tax revenues
with the first distribution of that tax revenue that occurs after the first
day of the period described by Subsection (b) of this section or at a time
otherwise determined to be practicable by the department [comptroller]
and shall discontinue retaining the local tax revenues under this
subsection when the amount of the applicable tax revenue determined by
the department under Subsection (b)(2) or (3) of this section has been
retained. The Events trust fund is established outside the state treasury
and is held in trust by the comptroller for administration of this
section. Money in the trust fund may be disbursed by the department
[comptroller] without appropriation only as provided by this
section.
(d-1) Not later than the
90th day after the last day of an event and in lieu of the local tax
revenues remitted [to] or retained [by the comptroller] under
Subsection (d) of this section, a municipality or county may remit to the comptroller for deposit in the Events
trust fund other local funds in an amount equal to the total amount of
local tax revenue determined by the department under Subsections
(b)(2) through (5) of this section. The amount deposited [by the comptroller] into the
Events trust fund under this subsection is subject to Subsection (f) of
this section.
No
equivalent provision.
(f) The comptroller, at
the direction of the department, shall deposit
into the Events trust fund a portion of the state tax revenue not to exceed
the amount determined by the department under Subsection (b)(1) of
this section in an amount equal to 6.25 times the amount of the local tax
revenue retained or remitted under this section, including:
(1) local sales and use tax
revenue;
(2) mixed beverage tax
revenue;
(3) hotel occupancy tax
revenue; and
(4) surcharge and user fee
revenue.
No
equivalent provision.
(i) A local organizing
committee, endorsing municipality, or endorsing county shall provide
information required by the department [comptroller] to
enable the department [comptroller] to fulfill the department's
[comptroller's] duties under this section, including annual audited
statements of any financial records required by a site selection
organization and data obtained by the local organizing committee, an
endorsing municipality, or an endorsing county relating to attendance at
the event, including an estimate of the number of people expected to attend
the event who are not residents of this state, and to the economic impact
of the event. A local organizing committee, endorsing municipality, or
endorsing county must provide an annual audited financial statement
required by the department [comptroller], if any, not later
than the end of the fourth month after the date the period covered by the
financial statement ends. After the conclusion of an event and on the department's
[comptroller's] request, a local organizing committee, endorsing
municipality, or endorsing county must provide information relating to the
event, such as attendance figures, including an estimate of the number of
people who are not residents of this state who attended the event,
financial information, or other public information held by the local
organizing committee, endorsing municipality, or endorsing county that the department
[comptroller] considers necessary.
(j) The department [comptroller]
shall provide an estimate not later than three months before the date of an
event of the total amount of tax revenue that would be deposited in the
Events trust fund under this section in connection with that event, if the
event were to be held in this state at a site selected pursuant to an
application by a local organizing committee, endorsing municipality, or
endorsing county. The department [comptroller] shall provide
the estimate on request to a local organizing committee, endorsing
municipality, or endorsing county. A local organizing committee, endorsing
municipality, or endorsing county may submit the department's [comptroller's]
estimate to a site selection organization.
(k) The department [comptroller]
may make a disbursement from the Events trust fund on the prior approval of
each contributing endorsing municipality or endorsing county for a purpose
for which a local organizing committee, an endorsing municipality, or an
endorsing county or this state is obligated under an event support
contract, including an obligation to pay costs incurred in the conduct of
the event and costs incurred in making preparations necessary for the
event. If an obligation is incurred under an event support contract to
make a structural improvement to the site or to add a fixture to the site
for purposes of an event and that improvement or fixture is expected to
derive most of its value in subsequent uses of the site for future events,
a disbursement from the trust fund made for purposes of that obligation is
limited to five percent of the cost of the improvement or fixture and the
remainder of the obligation is not eligible for a disbursement from the
trust fund, unless the improvement or fixture is for a publicly owned
facility. In considering whether to make a disbursement from the trust
fund, the department [comptroller] may not consider a
contingency clause in an event support contract as relieving a local
organizing committee's, endorsing municipality's, or endorsing county's
obligation to pay a cost under the contract.
(k-1) A disbursement may not
be made from the trust fund that the department [comptroller]
determines would be used for the purpose of:
(1) soliciting the
relocation of a professional sports franchise located in this state;
(2) constructing an arena,
stadium, or convention center; or
(3) conducting usual and
customary maintenance of a facility.
(m) On payment of all state,
municipal, or county obligations under an event support contract related to
the location of any particular event in this state, the comptroller, at the direction of the
department, shall remit to each endorsing entity, in
proportion to the amount contributed by the entity, any money remaining in
the Events trust fund.
(o) The department [comptroller]
may not undertake any of the responsibilities or duties set forth in this
section unless a request is submitted by the municipality or the county in
which the event will be located. The request must be accompanied by
documentation from a site selection organization selecting the site for the
event.
(p) The department [comptroller]
may adopt rules necessary to implement this section.
(q) In determining the
amount of state revenue available under Subsection (b)(1) of this section,
the department [comptroller] may consider whether:
(1) the event has been held
in this state on previous occasions; and
(2) changes to the character
of the event could affect the incremental increase in receipts collected
and remitted to the state by an endorsing county or endorsing municipality
under that subsection.
(r) The department [comptroller]
may adopt a model event support contract and make the contract available on
the department's [comptroller's] Internet website. The
adoption by the department [comptroller] of a model event
support contract under this subsection does not require use of the model
event support contract for purposes of this section.
(t) After the conclusion of
an event, the department [comptroller] shall compare
information on the actual attendance figures provided to the department
[comptroller] under Subsection (i) of this section with the
estimated attendance numbers used to determine the incremental increase in
tax receipts under Subsection (b) of this section. If the actual
attendance figures are significantly lower than the estimated attendance
numbers, the department [comptroller] may reduce the amount
of a disbursement for an endorsing entity under the Events trust fund in
proportion to the discrepancy between the actual and estimated attendance
and in proportion to the amount contributed to the fund by the entity. The
department [comptroller] by rule shall define
"significantly lower" for purposes of this subsection and provide
the manner in which a disbursement may be proportionately reduced. This
subsection does not affect the remittance of any money remaining in the
fund in accordance with Subsection (m) of this section.
|
SECTION 8. Sections 5C(b),
(b-1), (c), (c-1), (d), (d-1), (e), (f), (g), (i), (j), (k), (k-1), (m),
(o), (p), (q), (r), and (t), Chapter 1507 (S.B. 456), Acts of the 76th
Legislature, Regular Session, 1999 (Article 5190.14, Vernon's Texas Civil
Statutes), are amended to read as follows:
(b) If a site selection
organization selects a site for an event in this state pursuant to an
application by a local organizing committee, endorsing municipality, or
endorsing county, not later than three months before the date of the event,
the department [comptroller] shall determine for the 30-day
period that ends at the end of the day after the date on which the event
will be held or, if the event occurs on more than one day, after the last
date on which the event will be held, in accordance with procedures
developed by the department [comptroller]:
(1) the incremental increase
in the receipts to this state from 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 department [comptroller],
to the preparation for and presentation of the event and related
activities;
(2) the incremental increase
in the receipts collected by this state on behalf of each endorsing
municipality in the market area from the sales and use tax imposed by each
endorsing municipality under Section 321.101(a), Tax Code, and the mixed
beverage tax revenue to be received by each endorsing municipality under
Section 183.051(b), Tax Code, that is directly attributable, as determined
by the department [comptroller], to the preparation for and
presentation of the event and related activities;
(3) the incremental increase
in the receipts collected by this state on behalf of each endorsing county
in the market area from the sales and use tax imposed by each endorsing
county under Section 323.101(a), Tax Code, and the mixed beverage tax
revenue to be received by each endorsing county under Section 183.051(b),
Tax Code, that is directly attributable, as determined by the department
[comptroller], to the preparation for and presentation of the event
and related activities;
(4) the incremental increase
in the receipts collected by each endorsing municipality in the market area
from the hotel occupancy tax imposed under Chapter 351, Tax Code, that is
directly attributable, as determined by the department [comptroller],
to the preparation for and presentation of the event and related
activities; and
(5) the incremental increase
in the receipts collected by each endorsing county in the market area from
the hotel occupancy tax imposed under Chapter 352, Tax Code, that is
directly attributable, as determined by the department [comptroller],
to the preparation for and presentation of the event and related
activities.
(b-1) The number of requests
for funding under this section that may be submitted by an endorsing county
or endorsing municipality during any 12-month period for an event for which
the department [comptroller] determines that the total amount
of the incremental increase in tax receipts under Subsection (b) of this
section is less than $200,000 is limited to, during any 12-month period,
not more than 10 events, only three of which may be nonsporting events.
(c) For the purposes of
Subsection (b)(1) of this section, the department [comptroller]
shall designate as a market area for the event each area in which the department
[comptroller] determines there is a reasonable likelihood of
measurable economic impact directly attributable to the preparation for and
presentation of the event and related activities, including areas likely to
provide venues, accommodations, and services in connection with the event
based on the proposal provided by the local organizing committee to the department
[comptroller]. The department [comptroller] shall
determine the geographic boundaries of each market area. An endorsing
municipality or endorsing county that has been selected as the site for the
event must be included in a market area for the event.
(c-1) The department
[comptroller] shall base the determination specified by Subsection
(b) of this section on information submitted by the local organizing
committee, endorsing municipality, or endorsing county, and must make the
determination not later than the 30th day after the date the department
[comptroller] receives the information.
(d) Each endorsing municipality
or endorsing county shall remit to the comptroller and the comptroller
shall deposit into a trust fund created by the comptroller, at the direction of the department,
and designated as the Events trust fund the amount of the municipality's or
county's hotel occupancy tax revenue determined by the department
under Subsection (b)(4) or (5) of this section, less any amount of the
revenue that the municipality or county determines is necessary to meet the
obligations of the municipality or county.
The comptroller, at the
direction of the department, shall retain the amount of sales and use
tax revenue and mixed beverage tax revenue determined by the department
under Subsection (b)(2) or (3) of this section from the amounts otherwise
required to be sent to the municipality under Sections 321.502 and
183.051(b), Tax Code, or to the county under Sections 323.502 and
183.051(b), Tax Code, and deposit into the trust fund the tax revenues,
less any amount of the revenue that the municipality or county determines
is necessary to meet the obligations of the municipality or county. The
comptroller shall begin retaining and depositing the local tax revenues
with the first distribution of that tax revenue that occurs after the first
day of the period described by Subsection (b) of this section or at a time
otherwise determined to be practicable by the department [comptroller]
and shall discontinue retaining the local tax revenues under this
subsection when the amount of the applicable tax revenue determined by
the department under Subsection (b)(2) or (3) of this section has been
retained. The Events trust fund is established outside the state treasury
and is held in trust by the comptroller for administration of this
section. Money in the trust fund may be disbursed by the department
[comptroller] without appropriation only as provided by this
section.
(d-1) Not later than the
90th day after the last day of an event and in lieu of the local tax
revenues remitted [to] or retained [by the comptroller] under
Subsection (d) of this section, a municipality or county may remit to the department [comptroller] for deposit in the Events trust fund
other local funds in an amount equal to the total amount of local tax
revenue determined by the department under Subsections (b)(2)
through (5) of this section. The amount deposited by the department [comptroller] into the Events
trust fund under this subsection is subject to Subsection (f) of this
section.
(e) In addition to the tax
revenue deposited in the Events trust fund under Subsection (d) of this
section, an endorsing municipality or endorsing county may guarantee its
obligations under an event support contract and this section by pledging
surcharges from user fees, including parking or ticket fees, charged in
connection with the event. An endorsing municipality or endorsing county
may collect and remit to the department [comptroller]
surcharges and user fees attributable to the event for deposit into the
Events trust fund.
(f) The comptroller, at
the direction of the department, shall transfer [deposit] into the Events trust
fund a portion of the state tax revenue not to exceed the amount determined
by the department under Subsection (b)(1) of this section in an
amount equal to 6.25 times the amount of the local tax revenue retained or
remitted under this section, including:
(1) local sales and use tax
revenue;
(2) mixed beverage tax
revenue;
(3) hotel occupancy tax
revenue; and
(4) surcharge and user fee
revenue.
(g) To meet its obligations
under an event support contract to improve, construct, renovate, or acquire
facilities or to acquire equipment, an endorsing municipality by ordinance
or an endorsing county by order may authorize the issuance of notes. An
endorsing municipality or endorsing county may provide that the notes be
paid from and secured by amounts on deposit or amounts to be transferred
or deposited into the Events trust fund or surcharges from user fees,
including parking or ticket fees, charged in connection with the event.
Any note issued must mature not later than seven years from its date of
issuance.
(i) A local organizing
committee, endorsing municipality, or endorsing county shall provide
information required by the department [comptroller] to
enable the department [comptroller] to fulfill the department's
[comptroller's] duties under this section, including annual audited
statements of any financial records required by a site selection
organization and data obtained by the local organizing committee, an
endorsing municipality, or an endorsing county relating to attendance at
the event, including an estimate of the number of people expected to attend
the event who are not residents of this state, and to the economic impact
of the event. A local organizing committee, endorsing municipality, or
endorsing county must provide an annual audited financial statement
required by the department [comptroller], if any, not later
than the end of the fourth month after the date the period covered by the
financial statement ends. After the conclusion of an event and on the department's
[comptroller's] request, a local organizing committee, endorsing
municipality, or endorsing county must provide information relating to the
event, such as attendance figures, including an estimate of the number of
people who are not residents of this state who attended the event,
financial information, or other public information held by the local
organizing committee, endorsing municipality, or endorsing county that the department
[comptroller] considers necessary.
(j) The department [comptroller]
shall provide an estimate not later than three months before the date of an
event of the total amount of tax revenue that would be transferred into or deposited in the
Events trust fund under this section in connection with that event, if the
event were to be held in this state at a site selected pursuant to an
application by a local organizing committee, endorsing municipality, or
endorsing county. The department [comptroller] shall provide
the estimate on request to a local organizing committee, endorsing
municipality, or endorsing county. A local organizing committee, endorsing
municipality, or endorsing county may submit the department's [comptroller's]
estimate to a site selection organization.
(k) The department [comptroller]
may make a disbursement from the Events trust fund on the prior approval of
each contributing endorsing municipality or endorsing county for a purpose
for which a local organizing committee, an endorsing municipality, or an
endorsing county or this state is obligated under an event support
contract, including an obligation to pay costs incurred in the conduct of
the event and costs incurred in making preparations necessary for the
event. If an obligation is incurred under an event support contract to
make a structural improvement to the site or to add a fixture to the site
for purposes of an event and that improvement or fixture is expected to
derive most of its value in subsequent uses of the site for future events,
a disbursement from the trust fund made for purposes of that obligation is
limited to five percent of the cost of the improvement or fixture and the
remainder of the obligation is not eligible for a disbursement from the
trust fund, unless the improvement or fixture is for a publicly owned
facility. In considering whether to make a disbursement from the trust
fund, the department [comptroller] may not consider a
contingency clause in an event support contract as relieving a local
organizing committee's, endorsing municipality's, or endorsing county's
obligation to pay a cost under the contract.
(k-1) A disbursement may not
be made from the trust fund that the department [comptroller]
determines would be used for the purpose of:
(1) soliciting the
relocation of a professional sports franchise located in this state;
(2) constructing an arena,
stadium, or convention center; or
(3) conducting usual and
customary maintenance of a facility.
(m) On payment of all state,
municipal, or county obligations under an event support contract related to
the location of any particular event in this state, the department [comptroller] shall remit to each endorsing entity,
in proportion to the amount contributed by the entity, any money remaining
in the Events trust fund.
(o) The department [comptroller]
may not undertake any of the responsibilities or duties set forth in this
section unless a request is submitted by the municipality or the county in
which the event will be located. The request must be accompanied by
documentation from a site selection organization selecting the site for the
event.
(p) The department [comptroller]
may adopt rules necessary to implement this section.
(q) In determining the
amount of state revenue available under Subsection (b)(1) of this section,
the department [comptroller] may consider whether:
(1) the event has been held
in this state on previous occasions; and
(2) changes to the character
of the event could affect the incremental increase in receipts collected
and remitted to the state by an endorsing county or endorsing municipality
under that subsection.
(r) The department [comptroller]
may adopt a model event support contract and make the contract available on
the department's [comptroller's] Internet website. The
adoption by the department [comptroller] of a model event
support contract under this subsection does not require use of the model
event support contract for purposes of this section.
(t) After the conclusion of
an event, the department [comptroller] shall compare
information on the actual attendance figures provided to the department
[comptroller] under Subsection (i) of this section with the
estimated attendance numbers used to determine the incremental increase in
tax receipts under Subsection (b) of this section. If the actual
attendance figures are significantly lower than the estimated attendance
numbers, the department [comptroller] may reduce the amount
of a disbursement for an endorsing entity under the Events trust fund in
proportion to the discrepancy between the actual and estimated attendance
and in proportion to the amount contributed to the fund by the entity. The
department [comptroller] by rule shall define
"significantly lower" for purposes of this subsection and provide
the manner in which a disbursement may be proportionately reduced. This
subsection does not affect the remittance of any money remaining in the
fund in accordance with Subsection (m) of this section.
|
SECTION 8. Section 6(b),
Chapter 1507 (S.B. 456), Acts of the 76th Legislature, Regular Session,
1999 (Article 5190.14, Vernon's Texas Civil Statutes), is amended to read
as follows:
(b) If an endorsing
municipality or endorsing county is required to hold an election under this
section and the contribution of a portion of the municipality's or county's
sales and use taxes to the Olympic Games trust fund under Section 5 of this
Act is not approved by a majority of the voters voting in the election:
(1) the comptroller may not
establish the Olympic Games trust fund under Section 5 of this Act, may not
retain the municipality's or county's tax revenue under Section 5(d) of
this Act from amounts otherwise required to be sent to that municipality or
county, and may not deposit any
state tax revenue into the trust fund;
(2) the department [comptroller]
is not required to determine the incremental increase in state, county, or
municipal tax revenue under Section 5(b) of this Act; and
(3) the department may not
enter into a games support contract relating to the games for which the
municipality or county has authorized a bid on its behalf.
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SECTION 9. Section 6(b),
Chapter 1507 (S.B. 456), Acts of the 76th Legislature, Regular Session,
1999 (Article 5190.14, Vernon's Texas Civil Statutes), is amended to read
as follows:
(b) If an endorsing
municipality or endorsing county is required to hold an election under this
section and the contribution of a portion of the municipality's or county's
sales and use taxes to the Olympic Games trust fund under Section 5 of this
Act is not approved by a majority of the voters voting in the election:
(1) the comptroller may not
establish the Olympic Games trust fund under Section 5 of this Act, may not
retain the municipality's or county's tax revenue under Section 5(d) of
this Act from amounts otherwise required to be sent to that municipality or
county, and may not transfer [deposit] any state tax revenue
into the trust fund;
(2) the department [comptroller]
is not required to determine the incremental increase in state, county, or
municipal tax revenue under Section 5(b) of this Act; and
(3) the department may not
enter into a games support contract relating to the games for which the
municipality or county has authorized a bid on its behalf.
|
SECTION 9. The following
laws are repealed:
(1) Section 5C(s), Chapter
1507 (S.B. 456), Acts of the 76th Legislature, Regular Session, 1999
(Article 5190.14, Vernon's Texas Civil Statutes); and
(2) Chapter 398, Local
Government Code.
|
SECTION 10. Same as
introduced version.
|
SECTION 10. As soon as is
practicable after the effective date of this Act, but not later than
September 10, 2015, the office of the governor and the comptroller of
public accounts shall develop and adopt a memorandum of understanding that:
(1) identifies in detail the
applicable powers and duties of the comptroller that are being transferred
to the office of the governor as a result of this Act; and
(2) establishes a plan for
the identification and transfer of records, property, and unspent
appropriations of the comptroller that are used for purposes of managing
the funds transferred to the office of the governor.
|
SECTION 11. Same as
introduced version.
|
SECTION 11. (a) Not later
than September 10, 2015:
(1) the administration of
the Pan American Games trust fund, Olympic Games trust fund, Major Events
trust fund, Motor Sports Racing trust fund, and Events trust fund for
sporting and non-sporting events shall be transferred from the comptroller
of public accounts to the Texas Economic Development and Tourism Office;
(2) all rules, forms,
policies, procedures, or decisions of the comptroller that are related to the
Pan American Games trust fund, Olympic Games trust fund, Major Events trust
fund, Motor Sports Racing trust fund, and Events trust fund for sporting
and non-sporting events are continued in effect as rules, forms, policies,
procedures, or decisions of the economic development and tourism division,
office of the governor, until superseded by a rule or other appropriate act
of the Texas Economic Development and Tourism Office; and
(3) a reference in law or
administrative rule to the comptroller relating to the decisions for and
administration of the Pan American Games trust fund, Olympic Games trust
fund, Major Events trust fund, Motor Sports Racing trust fund, and Events
trust fund for sporting and non-sporting events, other than a duty
typically performed by the comptroller related to a state fund, means the
Texas Economic Development and Tourism Office.
(b) Before the transfer of
the administration of the Pan American Games trust fund, Olympic Games
trust fund, Major Events trust fund, Motor Sports Racing trust fund, and
Events trust fund for sporting and non-sporting events, the comptroller and
the Texas Economic Development and Tourism Office shall coordinate the
transfer of powers and duties, including records and other items, in
accordance with the memorandum of understanding adopted under Section 10 of
this Act, to ensure a smooth transition.
|
SECTION 12. Substantially
the same as introduced version.
|
SECTION 12. Notwithstanding
the repeal by this Act of Chapter 398, Local Government Code, a special
event plan approved under former Chapter 398 of that code before September
1, 2015, is governed by the law as it existed immediately before the
effective date of this Act, and that law is continued in effect for that
purpose.
|
SECTION 13. Same as
introduced version.
|
SECTION 13. This Act takes
effect September 1, 2015.
|
SECTION 14. Same as
introduced version.
|
|