By: Buckingham, et al.  S.B. No. 4
         (In the Senate - Filed March 12, 2021; March 18, 2021, read
  first time and referred to Committee on State Affairs;
  March 29, 2021, reported favorably by the following vote:  Yeas 7,
  Nays 0; March 29, 2021, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to provisions in agreements between governmental entities
  and professional sports teams requiring the United States national
  anthem to be played at team events.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle F, Title 10, Government Code, is
  amended by adding Chapter 2274 to read as follows:
  CHAPTER 2274. AGREEMENTS WITH PROFESSIONAL SPORTS TEAMS
         Sec. 2274.001.  DEFINITIONS. In this chapter:
               (1)  "Governmental entity" has the meaning assigned by
  Section 2251.001.
               (2)  "Professional sports team" has the meaning
  assigned by Section 2004.002, Occupations Code. The term includes
  a wholly owned subsidiary, majority-owned subsidiary, parent
  company, or affiliate of a professional sports team that exists to
  make a profit.
               (3)  "Sporting event" means any preseason, regular
  season, or postseason game of a professional sports team.
         Sec. 2274.002.  PROVISIONS REQUIRED IN CERTAIN AGREEMENTS.
  A governmental entity may not enter into an agreement with a
  professional sports team that requires a financial commitment by
  this state or any governmental entity unless the agreement
  includes:
               (1)  a written verification that the professional
  sports team will play the United States national anthem at the
  beginning of each team sporting event held at the team's home venue
  or other facility controlled by the team for the event; and
               (2)  a provision providing that failure to comply with
  the written verification required by Subdivision (1) for any team
  sporting event at the team's home venue or other facility:
                     (A)  constitutes a default of the agreement; 
                     (B)  immediately subjects the team to any penalty
  the agreement authorizes for default, which may include requiring
  the team to repay any money paid to the team by this state or any
  governmental entity or classifying the team as ineligible to
  receive further money under the agreement; and
                     (C)  may subject the team to debarment from
  contracting with this state.
         Sec. 2274.003.  STRICT ADHERENCE TO DEFAULT PROVISION. (a)
  A governmental entity that enters into an agreement with a
  professional sports team shall strictly adhere to the default
  provision required by Section 2274.002(2).
         (b)  If a governmental entity fails to timely adhere to the
  default provision required under Section 2274.002(2), the attorney
  general may intervene to enforce the provision.
         SECTION 2.  This Act takes effect September 1, 2021.
 
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