Bill Text: TX HB3373 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to the certification of live music venues by and other duties of the Texas Music Office.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2021-05-14 - Referred to Natural Resources & Economic Development [HB3373 Detail]
Download: Texas-2021-HB3373-Engrossed.html
87R10274 BEE-D | ||
By: Burrows, et al. | H.B. No. 3373 |
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relating to the certification of live music venues by and other | ||
duties of the Texas Music Office. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 485, Government Code, is amended by | ||
adding Subchapter C to read as follows: | ||
SUBCHAPTER C. TEXAS MUSIC OFFICE | ||
Sec. 485.051. DEFINITIONS. In this subchapter: | ||
(1) "Certification holder" means an individual or | ||
entity that holds a certification issued by the music office as an | ||
independent live music venue, operator, producer, or promoter under | ||
this subchapter. | ||
(2) "Music office" means the Texas Music Office in the | ||
office of the governor. | ||
Sec. 485.052. DUTIES. The music office shall: | ||
(1) administer and oversee federal programs in this | ||
state supporting independent live music venues, operators, | ||
producers, or promoters, including monitoring changes to those | ||
programs to ensure efficient implementation; | ||
(2) in accordance with Section 485.053, issue | ||
certifications to independent live music venues, operators, | ||
producers, and promoters for the purpose of administering and | ||
overseeing programs described by Subdivision (1); and | ||
(3) ensure each certification holder maintains | ||
compliance with the requirements for certification under this | ||
subchapter. | ||
Sec. 485.053. CERTIFICATION ISSUANCE. (a) Subject to | ||
Subsections (b) and (c), the music office shall issue a | ||
certification as an independent live music venue, operator, | ||
producer, or promoter, for purposes of any federal program | ||
requiring such certification, to an individual or entity that: | ||
(1) organizes, promotes, sells tickets, produces, | ||
manages, or hosts live concerts; | ||
(2) generates at least 60 percent of the individual's | ||
or entity's primary business revenue from: | ||
(A) entrance fees or ticket sales and fees; | ||
(B) production reimbursements; and | ||
(C) the sale of beverages, food, and merchandise | ||
at events; | ||
(3) has operated its primary business in this state | ||
for at least one year preceding certification; | ||
(4) pays artists fairly in an amount that is: | ||
(A) based on: | ||
(i) a percentage of sales; | ||
(ii) a guarantee in writing or in a standard | ||
contract; or | ||
(iii) any other mutually beneficial formal | ||
agreement; and | ||
(B) not based solely on tips, unless the artist | ||
is participating in a legitimate fundraiser or similar charitable | ||
event; and | ||
(5) meets at least five of the following criteria: | ||
(A) markets live music performances through | ||
listings in printed or electronic publications; | ||
(B) provides live music performances four or more | ||
nights of each week; | ||
(C) employs or contracts the services of one or | ||
more persons in two or more of the following positions or services: | ||
(i) sound engineer; | ||
(ii) booker; | ||
(iii) promoter; | ||
(iv) stage manager; or | ||
(v) security personnel; | ||
(D) has designated live performance and audience | ||
space; | ||
(E) provides technical sound and lighting, | ||
either in-house or through a contract with a vendor; | ||
(F) has a dedicated space for the storage of | ||
audio equipment or musical instruments; | ||
(G) charges for live music performances through | ||
ticketing or imposing an entrance fee; or | ||
(H) maintains hours of operation that coincide | ||
with live music performance show times. | ||
(b) The music office may not issue a certification as an | ||
independent live music venue, operator, producer, or promoter to an | ||
individual or entity that: | ||
(1) presents live performances of a prurient sexual | ||
nature, as determined by the music office; or | ||
(2) derives directly or indirectly a more than de | ||
minimis gross revenue, as determined by the music office, through: | ||
(A) the sale of products or services of a | ||
prurient sexual nature; or | ||
(B) the presentation of any depictions or | ||
displays of a prurient sexual nature. | ||
(c) The music office may not issue a certification as an | ||
independent live music venue, operator, producer, or promoter to an | ||
individual or entity unless the individual or entity: | ||
(1) employs as full-time equivalents 50 or more | ||
employees or contractors; | ||
(2) derives not less than 10 percent of the | ||
individual's or entity's gross revenue from federal funding; or | ||
(3) is majority-owned, controlled, or operated by an | ||
individual or entity described by Subdivisions (1) and (2). | ||
SECTION 2. This Act takes effect September 1, 2021. |