,i #aagth ,,congress #b;d ,session ,h4 ,r4 #iaea ,,in ,,the ,,house ,,of ,,representatives ,october #g1 #bjbb,mr4 ,tony ,gonzales of ,texas introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to establish certain conditions and requirements relating to the relocation of professional sports teams1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,strengthening ,public ,undertakings for ,retaining ,sports ,act or the ,,spurs ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,the name of a professional sports team always is linked to the name of the community in which the team is located4 7#b7 ,communities1 sports fans1 and taxpayers make a substantial and valuable financial1 psychological1 and emotional investment in professional sports teams and names of teams4 7#c7 ,communities receive substantial tax revenues and employment opportunities from the operation of professional sports teams4 7#d7 ,the public1 through a municipal stadium or arena authority 7which may be a city or county agency or a municipal corporation71 often authorizes capital construction bonds to build a stadium or arena for a professional sports team1 while the lease or use agreement generally sets rent to cover only operating costs of the stadium or arena without reimbursing the public for construction costs4 7#e7 ,a professional sports team that wishes to relocate the operations of the team to another area should take into account the social and community needs of the community in which the team operates4 7#f7 ,professional sports teams promote civic pride and generate jobs1 revenue1 and other local economic development4 7#g7 ,professional sports teams remain in communities for generations and represent much more than a business4 7#h7 ,current law does not protect the rights of sports fans or the interests of communities when professional sports teams decide to relocate4 7#i7 ,owners of professional sports teams have opportunities to extract enormous benefits from communities and owners take advantage of those opportunities4 #c4 ,prohibition on relocation ,a professional sports team may not relocate unless each of the following conditions is met3 7#a7 ,one or more of the parties1 other than the professional sports team1 to the stadium or arena lease agreement of the professional sports team has failed to comply with a provision of material significance to such stadium or arena lease agreement and such failure to comply cannot be remedied within a reasonable period of time4 7#b7 ,the stadium or arena in which the professional sports team plays regular season and playoff home games is inadequate for the purposes of properly and competitively operating the professional sports team1 and the entity that owns or operates such stadium or arena has failed to demonstrate intent to remedy the inadequacy of such stadium or arena within a reasonable period of time4 7#c7 ,the professional sports team has incurred an annual net loss for not fewer than five years prior to the proposed relocation4 7#d7 ,the government authority that is party to the stadium or arena lease agreement described in paragraph 7#a7 has not made a formal objection to the proposed relocation by the date that is #a year after the date on which an owner of the professional sports team submits a petition for relocation under section #e7;a74 #d4 ,right of first refusal ,in any case in which an owner of a professional sports team submits a petition for relocation under section #e7;a71 such owner shall1 until the date that is #a year after the date on which such owner submits such petition1 offer the professional sports team for sale at fair market value to other persons who would not relocate the professional sports team before such petition may be approved4 #e4 ,requirements for relocation 7a7 ,petition for relocation ,an owner of a professional sports team who intends to relocate the professional sports team shall submit a petition for relocation as follows3 7#a7 ,such owner shall submit such petition to the government authority that is party to the stadium or arena lease agreement described in section #c7a7 at least #a year before the proposed relocation may be approved by such government authority under subsection 7b74 7#b7 ,such petition shall be in writing and sent by certified mail or delivered to such government authority personally4 7#c7 ,such petition shall contain the following3 7,a7 ,a statement detailing the intent to relocate1 the conditions justifying the proposed relocation1 and the new location4 7,b7 ,documentation that supports the existence of the conditions justifying the proposed relocation4 7,c7 ,the date on which the owner of the professional sports team intends for the proposed relocation to occur4 7b7 ,review by government authority 7#a7 ,review ,an owner of a professional sports team may not relocate the professional sports team unless a petition for the relocation of the professional sports team submitted under subsection 7a7 has been formally approved by the government authority in writing4 7#b7 ,deadline for action ,a government authority to which a petition is submitted under subsection 7a7 shall approve or deny such petition not later than #ahj days after the date on which such petition is submitted4 #f4 ,required reimbursement to ,state and local government for value of financial assistance received 7a7 ,required reimbursement ,if an owner of a professional sports team relocates such professional sports team from one stadium or arena to another stadium or arena 7including a stadium or arena located in the same metropolitan area in which the previous stadium or arena is located7 and1 in so relocating such professional sports team1 such owner breaches a contract with a ,state or local government with respect to use of the previous stadium or arena1 such owner shall 7not later than #cj days after the date on which such professional sports team plays the first regular season home game in the new stadium or arena7 pay to such ,state or local government an amount equal to the value of any financial assistance provided to such professional sports team by such ,state or local government4 7b7 ,exception ,the requirement described in subsection 7a7 does not apply to a breach of a contract that provides as a remedy for such breach recovery of any financial assistance provided to the professional sports team by the ,state or local government4 7c7 ,penalty ,an owner of a professional sports team that fails to meet the requirement described in subsection 7a7 is liable in a civil action under section #g to the ,state or local government that provided to the professional sports team the financial assistance described in such subsection for damages in an amount equal to three times the value of such financial assistance4 #g4 ,private right of action by ,state or local government ,a ,state or local government may bring a civil action in an appropriate district court of the ,united ,states against a professional sports team that violates section #c or an owner of a professional sports team that violates section #d1 #e1 or #f to obtain damages1 if-- 7#a7 the ,state or local government has provided1 or has been requested to provide1 financial assistance1 including tax abatement1 to the professional sports team or the existing or proposed stadium or arena in which the professional sports team plays or is proposed to play regular season and playoff home games2 or 7#b7 the jurisdiction of the ,state or local government includes or is included within1 in whole or in part1 the metropolitan area in which the professional sports team plays regular season and playoff home games4 #h4 ,applicability ,sections #c1 #d1 and #e only apply with respect to a professional sports team that has a stadium or arena lease agreement with a government authority4 #i4 ,definitions ,in this ,act3 7#a7 ,financial assistance ,the term financial assistance includes special tax treatment and financing of a stadium or arena in which a professional sports team plays regular season and playoff home games4 7#b7 ,government authority ,the term government authority means any unit of local government or other government agency or authority that-- 7,a7 owns1 operates1 or has a financial interest in a stadium or arena used by a professional sports team to play regular season and playoff home games2 or 7,b7 exercises regulatory authority with respect to a professional sports team4 7#c7 ,professional sports team ,the term professional sports team means a major league team in an organized professional sport4 7#d7 ,relocate ,the term relocate means-- 7,a7 to move the location in which a professional sports team plays regular season and playoff home games from a metropolitan area to a different metropolitan area2 or 7,b7 to move such location within a metropolitan area if the professional sports team falls under the jurisdiction of a different government authority4