CHAPTER 398. MEASURES TO SUPPORT MUNICIPAL AND COUNTY SPECIAL EVENTS

LOCAL GOVERNMENT CODE

TITLE 12. PLANNING AND DEVELOPMENT

SUBTITLE C. PLANNING AND DEVELOPMENT PROVISIONS APPLYING TO MORE

THAN ONE TYPE OF LOCAL GOVERNMENT

CHAPTER 398. MEASURES TO SUPPORT MUNICIPAL AND COUNTY SPECIAL

EVENTS

Sec. 398.001. DEFINITIONS. In this chapter:

(1) "Host community" means a municipality or county authorized

by its governing body to host or assist in the presentation of a

special event. The term includes a group of counties and

municipalities that with the authorization of each governing body

agree to jointly host or assist in the presentation of a special

event.

(2) "Site selection organization" means an organization that,

through a competitive selection process in which at least one

site that is not located in this state was considered, chooses a

site for an event conducted by the organization.

(3) "Special event" means an event held in a public place within

the boundaries of a host community that is selected by a site

selection organization as the site for the event.

Added by Acts 2005, 79th Leg., Ch.

117, Sec. 1, eff. September 1, 2005.

Sec. 398.002. PURPOSE. The purpose of this chapter is to

authorize a host community to use a portion of the sales tax

revenue generated by a special event to assist in paying expenses

incurred in connection with the event, including expenses for the

purposes provided by Section 398.007(c).

Added by Acts 2005, 79th Leg., Ch.

117, Sec. 1, eff. September 1, 2005.

Sec. 398.003. LEGISLATIVE FINDINGS. The legislature finds that

the conduct in this state of a special event will:

(1) provide substantial economic benefits to the community where

the special event is held and to the entire state; and

(2) provide opportunities for the creation of jobs by local and

state businesses that pay a living wage.

Added by Acts 2005, 79th Leg., Ch.

117, Sec. 1, eff. September 1, 2005.

Sec. 398.004. ECONOMIC IMPACT STUDY. (a) To be eligible to use

a portion of the tax revenue generated by a special event to

assist in paying expenses incurred in connection with the event

under this chapter, a host community must conduct an economic

impact study of the geographic area expected to experience

economic benefits from the special event and submit the study to

the comptroller for certification.

(b) The economic impact study must identify the geographic area

expected to experience economic benefits from the special event

and provide an estimate of:

(1) the general economic impact likely to occur in the area as a

result of the event; and

(2) the anticipated amount of increase in the tax receipts to

this state from the taxes imposed under Chapter 151, Tax Code,

that:

(A) will occur in the special event area during the period that

begins on the day before the first day of the event and ends at

the earlier of:

(i) the end of the day following the last day of the event; or

(ii) the end of the 30th day after the day before the first day

of the event; and

(B) is directly attributable to the preparation for and

presentation of the event.

Added by Acts 2005, 79th Leg., Ch.

117, Sec. 1, eff. September 1, 2005.

Sec. 398.005. COMPTROLLER CERTIFICATION OF ECONOMIC IMPACT

STUDY. (a) Not later than the 30th day after receiving the

economic impact study from a host community, the comptroller

shall:

(1) determine whether the study accurately estimates the amount

of increase in the tax receipts to this state described by

Section 398.004(b)(2); and

(2) if the comptroller determines that the study accurately

reflects the increase in those tax receipts, certify the study.

(b) If the comptroller determines that the economic impact study

submitted by the host community does not accurately estimate the

amount of increase in the tax receipts to this state described by

Section 398.004(b)(2), the comptroller not later than the 30th

day after receiving the study shall:

(1) submit a preliminary determination to the host community;

and

(2) provide the host community with an opportunity to respond or

submit a new or amended economic impact study to the comptroller.

Added by Acts 2005, 79th Leg., Ch.

117, Sec. 1, eff. September 1, 2005.

Sec. 398.006. SPECIAL EVENT PLAN; REQUEST FOR MONEY; APPROVAL.

(a) Not less than six months before the first day of a special

event, a host community requesting money under this chapter shall

submit a special event plan to the Texas Economic Development and

Tourism Office.

(b) A special event plan must include:

(1) a copy of an economic impact study for the special event

that has been certified under Section 398.005;

(2) the history of the event in the special event area, a

description of previous attempts by the host community to secure

the event, information regarding attempts by other communities to

recruit the event, and any other information that would justify

approval of the amount of money requested for the event under

this chapter;

(3) a detailed explanation justifying each expense as it relates

to the purposes provided by Section 398.007(c) that each

political subdivision within a host community anticipates will be

incurred in connection with hosting the event and for which each

political subdivision intends to use revenue from the special

event trust fund established by the comptroller for the host

community under this chapter;

(4) an estimate of the total amount of expenses each political

subdivision within a host community anticipates will be incurred

in hosting the event; and

(5) a request that an amount of money, not to exceed the lesser

of one-half of the amount of the total expenses estimated under

Subdivision (4) or one-half of the amount of the anticipated

increase in tax receipts to this state described by Section

398.004(b)(2) according to the certified economic impact study,

be deposited by the comptroller into a special event trust fund

for the host community.

(c) A host community may submit with a special event plan a copy

of an agreement between each political subdivision within the

host community and the organizers of the special event, which may

include provisions governing the expenses the host community or a

political subdivision has agreed to pay. The agreement may not

be for a term greater than five years.

(d) The Texas Economic Development and Tourism Office shall

submit the host community's special event plan to the governor,

the lieutenant governor, and the speaker of the house of

representatives for approval. The plan is considered approved if

the written approval of the governor, the lieutenant governor,

and the speaker of the house of representatives is received by

the office not later than the 90th day after the date the office

received the plan from the host community.

(e) If the written approval of the governor, the lieutenant

governor, and the speaker of the house of representatives is not

received as provided by Subsection (d), the special event plan is

considered disapproved.

Added by Acts 2005, 79th Leg., Ch.

117, Sec. 1, eff. September 1, 2005.

Sec. 398.007. SPECIAL EVENT TRUST FUND. (a) If a special event

plan is approved under Section 398.006 and the host community is

selected as the site of the special event, the comptroller shall

deposit into a special event trust fund established by the

comptroller for the host community the amount requested in the

special event plan approved as provided by Section 398.006. The

comptroller shall make the deposits from the state tax receipts

as soon as practicable after those taxes are collected.

(b) The special event trust fund for a host community shall be

established outside the treasury and held in trust by the

comptroller for the administration of this chapter. Money in the

trust fund may be disbursed by the comptroller only as provided

by this chapter. No appropriation is necessary for that purpose.

(c) A host community may use the money in the special event

trust fund only for a public purpose related to the special event

to pay the expenses of:

(1) providing security specifically for the event;

(2) providing public transportation and traffic management

services for the event;

(3) providing or renting public facilities and the utilities

associated with the use of the facilities during the event;

(4) preparing or maintaining a contract associated with

conducting the event;

(5) providing maintenance and janitorial services in preparation

for, during, or on completion of the event;

(6) developing or providing a special promotion, incentive, or

award for or associated with the event; and

(7) any other activity or item authorized in the special event

plan approved under Section 398.006.

(d) A host community may not use the money in the special event

trust fund to construct a facility.

(e) Each political subdivision within a host community shall

submit to the comptroller a written application for reimbursement

for an approved event-related expense accompanied by a paid

invoice or receipt. On receipt of the application in proper

form, the comptroller shall make a disbursement from the

political subdivision's special event trust fund to reimburse the

political subdivision for an event-related expense authorized by

Subsection (c) and incurred by the political subdivision.

(f) Not later than the 180th day following the last day of the

special event, or on an earlier date if each political

subdivision within a host community certifies to the comptroller

that the political subdivision has paid all obligations payable

from the special event trust fund, the comptroller shall transfer

to the general revenue fund any money remaining in the trust

fund.

Added by Acts 2005, 79th Leg., Ch.

117, Sec. 1, eff. September 1, 2005.

Sec. 398.008. INFORMATION AND AUDIT. (a) Each political

subdivision within a host community shall provide the information

required by the comptroller to enable the comptroller to carry

out the comptroller's duties under this chapter.

(b) A political subdivision shall provide to the comptroller an

audited financial statement in the form and at the time required

by the comptroller with sufficient information to enable the

comptroller to verify that all expenditures from a host

community's special event trust fund were authorized by law.

Added by Acts 2005, 79th Leg., Ch.

117, Sec. 1, eff. September 1, 2005.

Sec. 398.009. NO STATE GUARANTEE OF OBLIGATIONS. This chapter

may not be construed as creating or requiring a state guarantee

of obligations incurred by a host community under a contract or

other agreement relating to hosting or conducting a special event

in this state.

Added by Acts 2005, 79th Leg., Ch.

117, Sec. 1, eff. September 1, 2005.