The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
(1) Applicant--An endorsing county, endorsing municipality, or local organizing committee that is eligible to participate in the Major Events Reimbursement Program, Events Trust Fund Program, or Motor Sports Racing Trust Fund Program. The term includes one or more endorsing counties and/or endorsing municipalities acting collectively or in conjunction with a local organizing committee. The term may also include a local government corporation that meets the requirements of Texas Revised Civil Statutes, Article 5190.14, Section 12.
(2) Day--As used in this chapter, all references to "day" mean a calendar day.
(3) Direct cost--Any cost that is directly attributable to the preparation or presentation of an event. The term does not include:
(4) Estimate--The Office's determination of the amount of incremental increase in tax receipts that are directly attributable to the preparation or presentation of an event eligible to be deposited in the trust fund for an eligible event.
(5) Event support contract--A contract by and between a site selection organization and a local organizing committee, an endorsing municipality, or an endorsing county setting out the representations and assurances of the parties with respect to the selection of a site in this state for the location of an event, and the requirements and costs necessary (or desirable, as authorized by Texas Revised Civil Statutes, Article 5190.14, Section 5A(h) or 5B(h)) for the preparation or presentation of an event. The term includes a joinder agreement or joinder undertaking as defined by Texas Revised Civil Statutes, Article 5190.14. The term does not include a request for bid, request for proposal, bid response, or a selection letter from a site selection organization except as those documents may be incorporated by reference into the event support contract.
(6) Events Trust Fund--The fund established by the Office for the event pursuant to Texas Revised Civil Statutes, Article 5190.14, Section 5C(d).
(7) Highly competitive selection process--A process in which the site selection organization has considered sites for the event outside of Texas on a competitive basis and intends to do so in the future.
(8) Host fee or sanction fee--A cost charged by a site selection organization under an event support contract for the cost of hosting or authorizing the event.
(9) Internal billing--Costs incurred under an event support contract by a local organizing committee, an endorsing municipality, or an endorsing county for the costs of services or facilities provided for the event by an endorsing municipality or endorsing county, including, but not limited to, facility rentals and charges for police, fire, or emergency medical services.
(10) Local organizing committee--A nonprofit corporation or its successor in interest that:
(11) Local share--The contribution to the fund made by or on behalf of an endorsing municipality or endorsing county pursuant to Texas Revised Civil Statutes, Article 5191.14, Section 5A(d), 5A(d-1), 5B(d), 5C(d), or 5C(d-1).
(12) Major Events Reimbursement Program Trust Fund-- The trust fund established by the Office for the event pursuant to Texas Revised Civil Statutes, Article 5190.14, Section 5A(d).
(13) Market area--The geographic area within which the Office determines there is a reasonable likelihood of measurable economic impact directly attributable to the preparation for or presentation of the event and related activities.
(14) Motor Sports Racing Trust Fund-- The fund established by the Office for the event pursuant to Texas Revised Civil Statutes, Article 5190.14, Section 5B(d).
(15) Office--The Economic Development and Tourism Office within the Office of the Governor.
(16) Professional services--The services of a licensed accountant, architect, attorney, professional engineer, landscape architect, land surveyor, physician, nurse, or real estate appraiser. The term does not include the services of other types of licensed professionals unless otherwise determined by the Office to be reasonably necessary (or desirable, as authorized by Texas Revised Civil Statutes, Article 5190.14, Section 5A(h) or 5B(h)) for the preparation or presentation of an approved event.
(17) Proof of payment--An official banking statement, check copy, credit card receipt, or other document required by the Office to support or document a requested disbursement from the trust fund that reflects the transmission, transfer, or payment of funds related to an event, which may be redacted of information related to transactions and balances not pertaining to the event.
(18) Publicly owned property-- Any property that is owned by a governmental unit as defined by Texas Civil Practices and Remedies Code, Section 101.001(3).
(19) Travel--Includes lodging, mileage, rental car expense, airfare, toll fares, parking and meals that are incurred while a person travels.
(20) Trust fund--The fund created by the Texas Comptroller of Public Accounts, at the direction of the Office, and designated as either the Major Events Reimbursement Program Fund, Events Trust Fund, or Motor Sports Racing Trust Fund for the event.
Source Note: The provisions of this §184.4 adopted to be effective January 1, 2017, 41 TexReg 10263