HBA-TYH, TYH H.B. 140 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 140
By: Reyna, Arthur
State Affairs
2/8/1999
Introduced



BACKGROUND AND PURPOSE 

San Antonio is a finalist to host the 2007 Pan American Games. Dallas and
Houston are interested in hosting the 2012 Olympic Games.  The national and
international organizations that govern the games are attempting to
condition their award on a governmental body's guarantee to financial
obligations associated with the games.  H.B. 140 authorizes the governor to
act on behalf of the state and execute any agreement required by the United
States Olympic Committee, on terms or conditions that are deemed
appropriate by the governor and are permitted by state law, and authorizes
the governor to take any action within the governor's power to satisfy the
state's obligations under an agreement with the United States Olympic
Committee, the International Olympic Committee, or the Pan American Sports
Organization. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Provides legislative findings, regarding the public policy of
the state and the purpose of this Act. 

SECTION 2.  Amends Subtitle D, Title 4, Government Code, by adding Chapter
449, as follows: 

CHAPTER 449.  GOVERNOR'S AUTHORITY TO ENTER INTO AGREEMENTS IN SUPPORT OF
TEXAS MUNICIPALITIES' BIDS TO HOST THE PAN AMERICAN GAMES AND THE OLYMPIC
GAMES 

Sec. 449.001.  DEFINITIONS.  Defines "bid committee"as a nonprofit
corporation organized to pursue the bid of a Texas municipality to host the
2007 Pan American Games or the 2012 Summer Olympic Games; and "organizing
committee for the games" as an organization formed to replace the bid
committee when a municipality represented by the bid committee is selected
by the United States Olympic Committee and the Pan American Sports
Organization or the International Olympic Committee as the host city for
the Pan American Games or the Olympic Games. 

Sec. 449.002.  GOVERNOR'S AUTHORITY TO ENTER AGREEMENTS.  Authorizes the
governor to act on behalf of the state and execute any agreement required
by the United States Olympic Committee, on terms or conditions that are
deemed appropriate by the governor and are permitted by state law.
Provides that an  agreement may authorize the state to provide or cause to
be provided all governmental funding, services, facilities, and other
resources contemplated by the bid committee's bid; be bound by the terms
of, or ensure the completion of the bid committee's obligations under the
agreements made with the United States Olympic Committee, the International
Olympic Committee, or the Pan American Sports Organization; and be liable
with the bid committee and the organizing committee for the games
(committees) for the obligations of those committees to the United States
Olympic Committee, the International Olympic Committee, or the Pan American
Sports Organization, including obligations indemnifying each of those
entities against claims of, and liabilities to,  third parties arising out
of or relating to the games, and any financial deficit of the committees,
the Pan American Games, or the Summer Olympic Games. 

Sec. 449.003.  EFFECT OF AGREEMENT.  Authorizes the governor to take any
action within the governor's powers to properly request, pursue, and obtain
funds necessary to satisfy the state's obligations under an agreement
executed in accordance with this chapter. Prohibits an agreement under this
chapter from binding the taxing power of the state, requiring the state to
assume debt or lend the credit of the state in violation of state laws, or
otherwise violating state laws, including laws relating to the
appropriation of money. 

Sec. 449.004.  CONSTRUCTION OF AGREEMENTS.  Provides that an agreement made
under this chapter is governed by and construed in accordance with the laws
of this state. 

Sec. 449.005.  EXPIRATION.  Provides that this chapter expires January 1,
2003. 

SECTION 3. Emergency clause.
  Effective date: upon passage.