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          A BILL TO BE ENTITLED
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          AN ACT
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        relating to a pan american games trust fund, an olympic games trust  | 
      
      
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        fund, a major events trust fund, a motor sports racing trust fund,  | 
      
      
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        an events trust fund for sporting and non-sporting events, and a  | 
      
      
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        special event trust fund. | 
      
      
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               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
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			 | 
               SECTION 1.  Section 4, Chapter 1507 (S.B. 456), Acts of the  | 
      
      
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			 | 
        76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon's  | 
      
      
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        Texas Civil Statutes), is amended by amending Subsections (b), (c),  | 
      
      
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        (d), (f), (h), (j), and (k) to read as follows: | 
      
      
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               (b)  If a site selection organization selects a site for the  | 
      
      
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        games in this state pursuant to an application by a local organizing  | 
      
      
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        committee acting on behalf of an endorsing municipality, after the  | 
      
      
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			 | 
        first occurrence of a measurable economic impact in this state as a  | 
      
      
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			 | 
        result of the preparation for the games, as determined by the  | 
      
      
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        department[comptroller], but in no event later than one year before  | 
      
      
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        the scheduled opening event of the games, the  | 
      
      
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			 | 
        department[comptroller] shall determine for each subsequent  | 
      
      
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        calendar quarter, in accordance with procedures developed by the  | 
      
      
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        department[comptroller]: | 
      
      
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                     (1)  the incremental increase in the receipts to the  | 
      
      
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			 | 
        state from the taxes imposed under Chapters 151, 152, 156, and 183,  | 
      
      
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        Tax Code, and under Title 5, Alcoholic Beverage Code, within the  | 
      
      
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        market areas designated under Subsection (c) of this section, that  | 
      
      
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        is directly attributable, as determined by the  | 
      
      
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        department[comptroller], to the preparation for and presentation  | 
      
      
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			 | 
        of the games and related events; | 
      
      
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                     (2)  the incremental increase in the receipts collected  | 
      
      
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        by the state on behalf of the endorsing municipality from the sales  | 
      
      
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        and use tax imposed by the endorsing municipality under Section  | 
      
      
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			 | 
        321.101(a), Tax Code, that is directly attributable, as determined  | 
      
      
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        by the department[comptroller], to the preparation for and  | 
      
      
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        presentation of the games and related events; and | 
      
      
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                     (3)  the incremental increase in the receipts collected  | 
      
      
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        by the endorsing municipality from the municipality's hotel  | 
      
      
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        occupancy tax imposed under Chapter 351, Tax Code, that is directly  | 
      
      
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        attributable, as determined by the department[comptroller], to the  | 
      
      
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        preparation for and presentation of the games and related events. | 
      
      
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               (c)  For the purposes of Subsection (b)(1) of this section,  | 
      
      
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        the department[comptroller] shall designate as a market area for  | 
      
      
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        the games each area in which the department[comptroller] determines  | 
      
      
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        there is a reasonable likelihood of measurable economic impact  | 
      
      
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        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  | 
      
      
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        under Section 7 of this Act. The department[comptroller] shall  | 
      
      
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        determine the geographic boundaries of each market area. The  | 
      
      
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        endorsing municipality that has been selected as the site for the  | 
      
      
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        games must be included in a market area for the games. | 
      
      
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               (d)  The comptroller, at the direction of the department,  | 
      
      
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        shall retain, for the purpose of guaranteeing the joint obligations  | 
      
      
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        of the state and the endorsing municipality under a games support  | 
      
      
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        contract and this Act, the amount of municipal sales and use tax  | 
      
      
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        revenue determined under Subsection (b)(2) of this section from the  | 
      
      
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			 | 
        amounts otherwise required to be sent to the municipality under  | 
      
      
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			 | 
        Section 321.502, Tax Code, beginning with the first distribution of  | 
      
      
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        that tax revenue that occurs after the date the  | 
      
      
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        department[comptroller] makes the determination of the amount of  | 
      
      
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        municipal sales and use tax revenue under Subsection (b)(2). The  | 
      
      
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        comptroller shall discontinue retaining municipal sales and use tax  | 
      
      
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        revenue under this subsection on the earlier of: | 
      
      
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			 | 
                     (1)  the end of the third calendar month following the  | 
      
      
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        month in which the closing event of the games occurs; or | 
      
      
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                     (2)  the date the amount of municipal sales and use tax  | 
      
      
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        revenue and municipal hotel occupancy tax revenue in the Pan  | 
      
      
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			 | 
        American Games trust fund equals 14 percent of the maximum amount of  | 
      
      
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        state and municipal tax revenue that may be deposited in the trust  | 
      
      
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        fund under Subsection (m) of this section. | 
      
      
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               (f)  Subject to Subsection (m) of this section, the  | 
      
      
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        department[comptroller] shall deposit into a trust fund designated  | 
      
      
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        as the Pan American Games trust fund the amount of municipal sales  | 
      
      
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        and use tax revenue retained under Subsection (d) of this section  | 
      
      
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        and, at the same time, a portion of the state tax revenue determined  | 
      
      
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        under Subsection (b)(1) of this section in an amount equal to 6.25  | 
      
      
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        times the amount of that municipal sales and use tax revenue.  | 
      
      
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        Subject to Subsection (m) of this section, the endorsing  | 
      
      
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        municipality shall deposit into the trust fund the amount of the  | 
      
      
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        endorsing municipality's hotel occupancy tax revenue determined  | 
      
      
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			 | 
        under Subsection (b)(3) of this section. The endorsing municipality  | 
      
      
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        shall deposit that hotel occupancy tax revenue into the trust fund  | 
      
      
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        at least quarterly. When the endorsing municipality makes a deposit  | 
      
      
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        of its hotel occupancy tax revenue, the comptroller, at the  | 
      
      
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        direction of the department, shall deposit at the same time a  | 
      
      
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        portion of the state tax revenue determined under Subsection (b)(1)  | 
      
      
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        of this section in an amount equal to 6.25 times the amount of that  | 
      
      
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        municipal hotel occupancy tax revenue. The Pan American Games trust  | 
      
      
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        fund is established outside the treasury but is held in trust by the  | 
      
      
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        department[comptroller] for the administration of this Act. Money  | 
      
      
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        in the trust fund may be spent by the department without  | 
      
      
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        appropriation only as provided by this Act. The comptroller shall  | 
      
      
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        discontinue depositing into the trust fund any state tax revenue  | 
      
      
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        determined under Subsection (b)(1) of this section on the earlier  | 
      
      
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        of: | 
      
      
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                     (1)  the end of the third calendar month following the  | 
      
      
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			 | 
        month in which the closing event of the games occurs; or | 
      
      
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			 | 
                     (2)  the date on which the amount of state revenue in  | 
      
      
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        the Pan American Games trust fund equals 86 percent of the maximum  | 
      
      
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			 | 
        amount of state and municipal tax revenue that may be deposited in  | 
      
      
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			 | 
        the trust fund under Subsection (m) of this section. | 
      
      
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			 | 
               (h)  A local organizing committee shall provide information  | 
      
      
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			 | 
        required by the department[comptroller] to enable the  | 
      
      
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			 | 
        department[comptroller]to fulfill the department's[comptroller's]  | 
      
      
        | 
           
			 | 
        duties under this Act, including annual audited statements of the  | 
      
      
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        local organizing committee's financial records required by a site  | 
      
      
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        selection organization and data obtained by the local organizing  | 
      
      
        | 
           
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        committee relating to attendance at the games and to the economic  | 
      
      
        | 
           
			 | 
        impact of the games. A local organizing committee must provide an  | 
      
      
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        annual audited financial statement required by the  | 
      
      
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        department[comptroller] not later than the end of the fourth month  | 
      
      
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        after the date the period covered by the financial statement ends. | 
      
      
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               (j)  The department may not make a disbursement from the Pan  | 
      
      
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			 | 
        American Games trust fund unless the department[comptroller]  | 
      
      
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        certifies that the disbursement is for a purpose for which the state  | 
      
      
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        and the endorsing municipality are jointly obligated under a games  | 
      
      
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        support contract or other agreement described by Subsection (g) of  | 
      
      
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        this section. | 
      
      
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               (k)  If the department[comptroller] certifies under  | 
      
      
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        Subsection (j) of this section that a disbursement may be made from  | 
      
      
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        the Pan American Games trust fund, the obligation shall be  | 
      
      
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        satisfied first out of municipal revenue deposited in the trust  | 
      
      
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        fund and any interest earned on that municipal revenue. If the  | 
      
      
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			 | 
        municipal revenue is not sufficient to satisfy the entire deficit,  | 
      
      
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        state revenue deposited into the trust fund and any interest earned  | 
      
      
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        on that state revenue shall be used to satisfy the portion of the  | 
      
      
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			 | 
        deficit not covered by the municipal revenue. | 
      
      
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			 | 
               SECTION 2.  Subsection (i), Section 4, 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, is reenacted and amended to read as follows: | 
      
      
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			 | 
               (i)  The department[comptroller] shall provide an estimate  | 
      
      
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			 | 
        not later than September 1 of the year that is eight years before  | 
      
      
        | 
           
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        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  | 
      
      
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        the Pan American Games trust fund before January 1 of the year  | 
      
      
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        following the year in which the games would be held, if the games  | 
      
      
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			 | 
        were to be held in this state at a site selected pursuant to an  | 
      
      
        | 
           
			 | 
        application by a local organizing committee. The  | 
      
      
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			 | 
        department[comptroller] shall provide the estimate on request to a  | 
      
      
        | 
           
			 | 
        local organizing committee. A local organizing committee may submit  | 
      
      
        | 
           
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        the department's[comptroller's] estimate to a site selection  | 
      
      
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			 | 
        organization. | 
      
      
        | 
           
			 | 
               SECTION 3.  Subsection (l), Section 4, 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, is reenacted and amended to read as follows: | 
      
      
        | 
           
			 | 
               (l)  On January 1 of the second year following the year in  | 
      
      
        | 
           
			 | 
        which the games are held in this state, the department[comptroller]  | 
      
      
        | 
           
			 | 
        shall transfer to the general revenue fund any money remaining in  | 
      
      
        | 
           
			 | 
        the Pan American Games trust fund, not to exceed the amount of state  | 
      
      
        | 
           
			 | 
        revenue remaining in the trust fund, plus any interest earned on  | 
      
      
        | 
           
			 | 
        that state revenue. The department[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 4.  Section 5, 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 (b), (c),  | 
      
      
        | 
           
			 | 
        (d), (f), (h), (i), (j), (k), and (l) to read as follows: | 
      
      
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			 | 
               (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  | 
      
      
        | 
           
			 | 
        department[comptroller] and the department[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 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 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 department[comptroller] for the  | 
      
      
        | 
           
			 | 
        administration of this Act. Money in the trust fund may be spent by  | 
      
      
        | 
           
			 | 
        the department without appropriation only as provided by this Act.  | 
      
      
        | 
           
			 | 
        The comptroller shall discontinue deposit of the amount of state  | 
      
      
        | 
           
			 | 
        tax revenue determined under Subsection (b)(1) of this section on  | 
      
      
        | 
           
			 | 
        the earlier of: | 
      
      
        | 
           
			 | 
                     (1)  the end of the third calendar month following the  | 
      
      
        | 
           
			 | 
        month in which the closing event of the games occurs; or | 
      
      
        | 
           
			 | 
                     (2)  the date the amount of state revenue in the Olympic  | 
      
      
        | 
           
			 | 
        Games trust fund equals 86 percent of the maximum amount of state,  | 
      
      
        | 
           
			 | 
        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  | 
      
      
        | 
           
			 | 
        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. | 
      
      
        | 
           
			 | 
               SECTION 5.  Subdivisions (1) and (2), Subsection (a),  | 
      
      
        | 
           
			 | 
        Section 5A, 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. | 
      
      
        | 
           
			 | 
               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), (m),  | 
      
      
        | 
           
			 | 
        (p), (v), (w), and (y) 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. | 
      
      
        | 
           
			 | 
               (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 department[comptroller] and the  | 
      
      
        | 
           
			 | 
        department[comptroller] shall deposit into a trust fund created by  | 
      
      
        | 
           
			 | 
        the department[comptroller] and designated as the Major Events  | 
      
      
        | 
           
			 | 
        trust fund the amount of the municipality's or county's hotel  | 
      
      
        | 
           
			 | 
        occupancy tax revenue determined 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 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 the department shall begin 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 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 department[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 the  | 
      
      
        | 
           
			 | 
        department 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 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 deposit into the Major Events trust fund a portion of the  | 
      
      
        | 
           
			 | 
        state tax revenue not to exceed the amount determined 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. | 
      
      
        | 
           
			 | 
               (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 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 7.  Section 5B, 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 (b), (c),  | 
      
      
        | 
           
			 | 
        (d), (f), (i), (j), (k), (m), and (o) 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 department[comptroller] and the  | 
      
      
        | 
           
			 | 
        department[comptroller] shall deposit into a trust fund created by  | 
      
      
        | 
           
			 | 
        the department[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  | 
      
      
        | 
           
			 | 
        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 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 the department shall begin 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 department[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 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. | 
      
      
        | 
           
			 | 
               (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 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 8.  Section 5C, 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 (b),  | 
      
      
        | 
           
			 | 
        (b-1), (c), (c-1), (d), (d-1), (e), (f), (i), (j), (k), (k-1), (m),  | 
      
      
        | 
           
			 | 
        (o), (p), (q), (r), and (t) 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 department[comptroller] and the  | 
      
      
        | 
           
			 | 
        department[comptroller] shall deposit into a trust fund created by  | 
      
      
        | 
           
			 | 
        the department[comptroller] and designated as the Events trust fund  | 
      
      
        | 
           
			 | 
        the amount of the municipality's or county's hotel occupancy tax  | 
      
      
        | 
           
			 | 
        revenue determined 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 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 the department shall begin  | 
      
      
        | 
           
			 | 
        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  | 
      
      
        | 
           
			 | 
        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 department[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 the  | 
      
      
        | 
           
			 | 
        department 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 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 deposit into the Events trust fund a portion of the state tax  | 
      
      
        | 
           
			 | 
        revenue not to exceed the amount determined 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. | 
      
      
        | 
           
			 | 
               (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 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 9.  Section 6, Chapter 1507 (S.B. 456), Acts of the  | 
      
      
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        76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon's  | 
      
      
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        Texas Civil Statutes), is amended by amending Subsection (b) to  | 
      
      
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        read as follows: | 
      
      
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               (b)  If an endorsing municipality or endorsing county is  | 
      
      
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        required to hold an election under this section and the  | 
      
      
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        contribution of a portion of the municipality's or county's sales  | 
      
      
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        and use taxes to the Olympic Games trust fund under Section 5 of  | 
      
      
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        this Act is not approved by a majority of the voters voting in the  | 
      
      
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        election: | 
      
      
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                     (1)  the department[comptroller] may not establish the  | 
      
      
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        Olympic Games trust fund under Section 5 of this Act, may not retain  | 
      
      
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        the municipality's or county's tax revenue under Section 5(d) of  | 
      
      
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        this Act from amounts otherwise required to be sent to that  | 
      
      
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        municipality or county, and may not deposit any state tax revenue  | 
      
      
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        into the trust fund; | 
      
      
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                     (2)  the department[comptroller] is not required to  | 
      
      
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        determine the incremental increase in state, county, or municipal  | 
      
      
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        tax revenue under Section 5(b) of this Act; and | 
      
      
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                     (3)  the department may not enter into a games support  | 
      
      
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        contract relating to the games for which the municipality or county  | 
      
      
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        has authorized a bid on its behalf. | 
      
      
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               SECTION 10.  REPEALER.  The following laws are repealed: | 
      
      
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                     (1)  Subsection (s), Section 5C, Chapter 1507 (S.B.  | 
      
      
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        456), Acts of the 76th Legislature, Regular Session, 1999 (Article  | 
      
      
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        5190.14, Vernon's Texas Civil Statutes); and | 
      
      
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                     (2)  Chapter 398, Local Government Code. | 
      
      
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               SECTION 11.  (a)  Not later than September 1, 2015: | 
      
      
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                     (1)  the administration of the pan american games trust  | 
      
      
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        fund, olympic games trust fund, major events trust fund, motor  | 
      
      
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        sports racing trust fund, and events trust fund for sporting and  | 
      
      
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        non-sporting events shall be transferred from the comptroller to  | 
      
      
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        the economic development and tourism division, office of the  | 
      
      
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        governor; | 
      
      
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                     (2)  all rules, forms, policies, procedures, or  | 
      
      
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        decisions of the comptroller that are related to the pan american  | 
      
      
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        games trust fund, olympic games trust fund, major events trust  | 
      
      
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        fund, motor sports racing trust fund, and events trust fund for  | 
      
      
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        sporting and non-sporting events are continued in effect as rules,  | 
      
      
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        forms, policies, procedures, or decisions of the economic  | 
      
      
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        development and tourism division, office of the governor until  | 
      
      
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        superseded by a rule or other appropriate act of the economic  | 
      
      
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        development and tourism division, office of the governor; | 
      
      
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                     (4)  a reference in law or administrative rule to the  | 
      
      
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        comptroller relating to the administration of the pan american  | 
      
      
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        games trust fund, olympic games trust fund, major events trust  | 
      
      
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        fund, motor sports racing trust fund, and events trust fund for  | 
      
      
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        sporting and non-sporting events means the economic development and  | 
      
      
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        tourism division, office of the governor. | 
      
      
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               (b)  Before the transfer of the administration of the pan  | 
      
      
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        american games trust fund, olympic games trust fund, major events  | 
      
      
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        trust fund, motor sports racing trust fund, and events trust fund  | 
      
      
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        for sporting and non-sporting events, the comptroller and the  | 
      
      
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        economic development and tourism division, office of the governor  | 
      
      
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        shall coordinate the transfer of powers and duties including  | 
      
      
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        records and other items, to ensure a smooth transition. | 
      
      
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               SECTION 12.  Notwithstanding the repeal by this Act of  | 
      
      
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        Chapter 398, Local Government Code, a special event plan approved  | 
      
      
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        under former Chapter 398 of that code before September 1, 2015, is  | 
      
      
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        governed by the law as it existed immediately before the effective  | 
      
      
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        date of this Act, and that law is continued in effect for that  | 
      
      
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        purpose. | 
      
      
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               SECTION 13.  This Act takes effect September 1, 2015. |