HOUSE RESEARCH ORGANIZATION S E S S I O N F O C U S Texas House of Representatives March 12, 1997
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HOUSE RESEARCH ORGANIZATION s e s s i o n f o c u s Texas House of Representatives March 12, 1997 On Deck: Financing Sports Facilities in Texas The Houston Oilers, lured by the promise of a new sports facility, will become the Nashville Oilers after the 1997 football season. Houston residents, in an effort to keep the Rockets and the Astros in Houston, passed a referendum in November 1996 authorizing the city to build a new downtown baseball-only park and renovate the Astrodome to correct bad sightlines and add luxury suites. Local officials estimate the cost of their proposed new stadium at $265 million. The San Antonio Spurs, which have played basketball in the Alamodome since 1993, want a new facility designed specifically for basketball and featuring luxury boxes. The price tag for the facility is unknown. The Dallas Stars and Mavericks want a new basketball and ice hockey arena to include luxury boxes, club seats, and additional concession areas. The cost of a proposed arena is estimated in the range of $180 million to $220 million. Central to the debate over whether to build these sports facilities — and others proposed elsewhere in Texas — is the issue of financing. So far this session, four bills have been introduced to help Texas localities in the economic tug-of-war to attract and retain professional sports teams. Professional Sports Spur City and county development authorities are well aware of the economic benefits of hosting a major Economic Rivalries league team. This has led to increased competition for existing and expansion sports teams. One way Professional sports are big business in Texas, which now boasts eight professional sports teams: the Texas Rangers, Dallas Mavericks, Dallas Stars, Contents Dallas Cowboys, Houston Oilers, Houston Rockets, Professional Sports Spur Houston Astros and San Antonio Spurs. According to Economic Rivalries 1 the state Comptroller’s Office, the sports industry in Texas attracted 6.5 million paying fans in 1992 and Texas Looks for New Pay Options 2 generated approximately $860 million for the state’s economy. Revenue in 1992 from ticket sales, cable Current Trends in television contracts and advertisers, and stadium Financing Mechanisms 3 revenues for the seven professional sports teams then playing in Texas was over $300 million, with another Sports Facility Financing in Action 4 $603 million generated through stadium-related business activity. In 1993, the combined worth of The Debate Over Using those seven teams in Texas was estimated at $705 State Resources for Team Efforts 5 million. No. 75-10 Page 2 House Research Organization cities can attract a team is to offer incentives to Some municipalities have financed sports facilities relocate — luxury suite rentals, club seats and under the Development Corporation Act of 1979 lucrative cable TV contracts top the wish lists of (Labor Code, art. 5190.6), which permits team owners lured by the promise of a state-of-the- development corporations to issue bonds and levy art facility. taxes to service bond debt. Upon approval of voters, these corporations may levy a sales and use tax of up In the last two decades, cities across the United to one-half percent, so long as the municipality did States have used sales taxes, lottery funds, and other not exceed the two-percent maximum on local sales financing mechanisms to build new facilities in order taxes. The 72nd Legislature in 1991 expanded the to keep existing teams or attract new ones. But the scope of development corporations to include tourism, situation is different in Texas, where the state allows athletic and entertainment facilities when it approved relatively few public financing options for stadium SB 376 by C. Harris, which established “4B” renovation and construction. With the Houston Oilers corporations in addition to existing “4A” industrial preparing to move to Nashville, the national debate and manufacturing corporations. However, over stadium financing has hit home. As other cities municipalities can create only one development and states build new sports facilities to attract corporation, and cities that already levy the full professional sports teams, Texas municipalities and additional two-percent local tax above the state tax teams have requested authority to use various public cannot impose any additional sales and use taxes. assistance options to renovate or build new facilities to keep Texas teams in Texas. At issue is what kind During the 74th regular session, the Senate passed of public assistance, if any, is proper. SB 1346 by West to allow the use of state funds and special local taxes to build facilities for major league sports teams. The bill would have created sports Texas Looks for facility enterprise zones with the authority to issue bonds to build sports stadiums. The bill proposed a New Pay Options combination of mechanisms for servicing bond debt, including parking and admissions taxes and tax At the end of the 74th legislative session, Speaker increment financing. SB 1346 was killed on a point Laney directed the House Business and Industry of order in the House. Committee to study the issue of public financing of sports facilities. Under Chairman Kim Brimer, the This session, HB 92 by Brimer would allow cities committee conducted town hall meetings to discuss and counties or a combination of the two to designate the issue. The committee’s recommendations were sports venue districts. These districts could issue incorporated in HB 92 by Brimer. bonds to build sports venue projects once they gained voter approval through a referendum. Projects could This is not the first time that Texas lawmakers tap a variety of funding mechanisms, including a have tackled the issue of financing for sports half-cent local sales tax, $2 per day car rental tax, stadiums. The 71st Legislature in 1989 enacted HB $2 admissions tax, $1 parking tax, and a $5 per day 1738 by Craddick, authorizing certain counties to hotel occupancy tax. form sports districts with the purpose of building new sports facilities. These sports districts can acquire SB 944 by Whitmire would allow the city of land for a stadium through eminent domain and can Houston and Harris County to create a sports venue issue bonds to finance a new facility. However, the authority to issue bonds for stadium construction. It law does not give sports districts taxing authority or would not allow any increase in local sales taxes but identify mechanisms to service bond debt issued by would permit the authority to retain increased sales the district. In addition, it only applies to counties tax revenues attributable to a stadium project in with populations of fewer than 2.4 million residents. order to service bond debt. It also would allow a Municipalities such as San Antonio and Arlington five-percent car rental tax, $2 admissions tax, $1 have used other authority to issue bonds, raise sales parking tax, and a two-percent hotel occupancy tax to taxes, and service bond debt to finance stadium pay off the bonds. construction. House Research Organization Page 3 SB 935 by Madla would allow San Antonio and to remain or locate within the designated enterprise other cities in counties with populations of less than zone. Furthermore, a business within an enterprise 1.5 million to build stadiums and community venue zone may be nominated as an enterprise project and projects. Possible sources of revenue for servicing qualify for sales tax rebates. A city could designate bond debt include a 10-percent car rental tax, $1 a new stadium as an enterprise project and use tax admission tax, and 50-cent parking tax. refunds and abatements to help finance the project. In addition, HB 1525 by Oliveira would address • Tax Increment Financing (TIF). An stadium financing issues by expanding permissible enterprise zone is automatically a TIF zone. TIFs uses of 4A sales taxes to include building sports channel to neighborhood economic development facilities. One possible use of such a financing projects the property tax revenue increases stemming mechanism would be development of a major league from their inclusion in the enterprise zone. The extra baseball spring training facility in the Lower Rio revenues — the “tax increments” — are deposited Grande Valley that could compete with the training into a tax increment fund, which is then used to camps in other Sunbelt states. service bond debt on economic development projects in the enterprise zone. Current Trends in • Reinvestment zones. These zones work like enterprise zones but are easier to establish Financing Mechanisms because they have less stringent criteria, and there is no limit to the number of zones that may be created Over the past century, a variety of funding and in each municipality. A city or county may nominate revenue-generating mechanisms have been used to a blighted area in need of investment and employment build new sports facilities. During the early 1900s, as a reinvestment zone and use tax increment when professional sports took off as a real business, financing and tax abatements to attract private team owners built and financed their own stadiums to investment to the area. ensure state-of-the-art ballparks. Privately financed stadiums were the norm until the post-World War II User taxes, which normally target the consumer boom, when stadium construction was viewed as a who uses and benefits from the item being taxed, are productive public works project. These types of common means of servicing bond debt incurred to projects continued through the 1970s. But during the build a sports facility. An increase in the local sales 1980s and 1990s, many stadiums were built through tax for a certain period of time is a particularly a combination of public and private funding. popular financing mechanism.