| (a) Disbursements for the following costs are prohibited,
regardless of their inclusion in an event support contract:
(1) any tax listed in Texas Revised Civil Statutes,
Article 5190.14;
(2) gifts of any kind, including tips, gratuities,
or honoraria;
(3) grants to any person, entity, or organization;
(4) alcoholic beverages;
(5) food not specifically authorized in §184.44(21);
(6) travel not specifically authorized in §184.44(23);
(7) costs related to an applicant's application or
participation in the trust fund program, including, but not limited
to:
(A) representing any entity, including an applicant
or related party, in front of the legislature for any reason;
(B) representing any entity, including an applicant
or related party, in front of the Office for the purpose of applying
to or seeking reimbursement from the trust fund;
(C) preparing an application to the reimbursement program,
a disbursement request, or other event-related documents;
(D) preparing a pre-event or post-event economic impact
study;
(E) preparing a pre-event attendance estimate or post-event
attendance verification;
(F) conducting any pre-event or post-event survey;
or
(G) costs associated with responding to requests for
information relating to participation in the program, including requests
for information from the Office, the Texas State Auditor's Office,
or pursuant to the requirements of the Texas Public Information Act
(Chapter 552, Texas Government Code).
(8) expenses related to:
(A) monetary compensation for participation or competitive
performance in an event, including, but not limited to, cash, gift
cards, or pre-paid service certificates;
(B) gaming;
(C) raffles; or
(D) giveaways that do not meet the requirements of
§184.44(14) (allowable costs for promotional items);
(9) costs for any personal items and services;
(10) costs for entertainment, hospitality, appearance
or talent fees, and "VIP" expenses, except as permitted under §184.44(19)
of this chapter;
(11) reimbursement of any cost not incurred, such as
for lost profit or for an exchange-in-kind or product;
(12) damages of any kind;
(13) any cost or expense of or related to constructing
an arena, stadium, or convention center;
(14) any cost or expense related to conducting usual
and customary maintenance of a facility;
(15) any amount in excess of 5.0% of the cost of any
structural improvement made or fixture for an event that is added
to a site that is privately owned property where the improvement or
fixture is expected to derive most of its value in subsequent uses
of the site for future events;
(16) costs that are not direct costs;
(17) any costs, the reimbursement of which, could result
in a payment to and/or from a party with an inappropriate conflict
of interest, as determined by the Office;
(18) the amount of any host fees or sanction fees charged
by a site selection organization as a prerequisite to holding an event
that is in excess of the amount stated in the application for participation
in the trust fund program; or
(19) costs of any particular expense or obligation
that was recouped or refunded, or that will be recouped or refunded
from another entity under the event support contract or from event
related revenue relating to the same expense or obligation, the reimbursement
of which could result a net surplus to the applicant.
(b) The Office may deny a disbursement for any event,
cost, expense, or obligation the Office deems fiscally irresponsible
or not supportive of program objective.
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