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Art(funding)pocalypse: Austin May Cut Arts Funding By Up To Fifty Percent [Seriously]

Disclaimer: Austinist editor-in-chief Allen Chen is a member of the Austin Arts Commission, which met on Monday to pass a resolution in favor of preserving the existing rules regarding arts funding and the hotel occupancy tax.

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Twitter was ablaze on Monday morning, and the "bullpen" room of City Hall featured an extra thirty citizens or so attending a normally-unheralded arts commission meeting, as word got out that the city of Austin was considering a major change to the way it uses the money generated by the hotel occupancy tax (HOT), which currently funds a number of Austin arts organizations.

At the heart of the issue is a fairly obscure—but incredibly significant—rules issue. The HOT funds have historically been used to fund all manner of arts and cultural programs, but a new review by the city attorney recommends that the money only be used to fund events that "directly promote and/or support tourism". Austinist caught up with a variety of the players involved in the discussion to talk about this bit of civics that would have a massive impact on the creative culture of Austin.

There are no hard numbers available for where the HOT funds in Austin go, but the statewide breakdown, according to the Texas Arts Commission's 2004 report, gives a pretty clear idea of how vital this money is to local arts organizations: Throughout the state, they receive almost $18 million from the HOT funds, or 54% of their operating budgets. HOT funds are the largest source of government arts funding in Texas.

The question at the root of the issue is "What does 'directly promote and/or support tourism' mean", and "How much leeway does the city have to decide what the answer is". Councilmember Sheryl Cole's office claimed that the decision lay in the hands of the state Attorney General, while a 2003 opinion from the AG says, "It is for the city's governing body to determine in the first instance whether a proposed expenditure is among the permissible uses ... and will 'directly enhance and promote tourism and the convention and hotel industry.'" With both sides claiming that it's up to the other guy, it's hard to figure out whose decision this ultimately is.

Scott Joslove, President and CEO of the Texas Hotel and Lodging Association, clearly believes that the narrow interpretation of the rule is the correct one. "State law has required this for decades," he told Austinist. "Up till now, there just may not have been as clear of guidance." He points to programs that provide "performances by opera singers to the elderly" as an example of things that are (and have always been) ineligible for HOT funds.

Interestingly, a similar example appears in that same 2003 AG opinion: "A municipality could find, for example, that subsidizing a quilting exhibit or demonstration at a senior center is permissible as encouraging... the arts," it reads, though it also points out that it "would also have to find that the subsidy would 'directly enhance and promote tourism and the convention and hotel industry'.

To muddy things up further, there's no rule in the tax code that requires any organization receiving the HOT funds to quantify the tourism impact. It doesn't call for attendance figures, or the numbers of out-of-towners who choose to stay in hotels. The definition of "tourist" in this context is similarly broad. The tax code defines a tourist simply as "an individual who travels from the individual's residence to a different municipality... for pleasure, recreation, education, or culture." So, according to the law, Round Rockers and Pflugervillains who attend arts events in Austin satisfy the requirement.

At the arts commission meeting, commissioner Bruce Willenzik made another argument in favor of the broad interpretation of the code. "It's like saying that baseball brings in tourists, so you want to fund baseball. But you don't want to fund little league, and you don't want to fund high school, and you don't want to fund college ball, since those are for locals. You want to fund Major League Baseball." Which begs the question, where are the next generation of players in the World Series going to come from? "How long do you think it'll stay a tourist attraction? A year? Two?" Willenzik asked.

That's a concern that even the people whose events are unquestionable tourist draws have.

Zack Carlson, an organizer of Fantastic Fest (which obviously puts heads in hotel beds across Austin) says that a big part of the festival's appeal is that it takes place in the Austin creative community. "The crowd itself is maybe 40-50% local, and people come back year after year because they love Austin and look at it as a mecca," he told Austinist. "There's a big arts community here, and it's carried in a way that's not as cutthroat or fashion-based as it is in lesser cities like New York. A large part of the reason the festival has the appeal that it does is that people are already looking at going to Austin as a getaway." While he stopped short of declaring that the Fantastic Fest appeal is because Austin is known as "an arts epicenter", Carlson definitely feels that the culture of the town is key. "The town has an appealing aesthetic, and I know a lot of the reason Fantastic Fest works as well as it does is the city."

And, as Fantastic Fest, SXSW, the Austin Film Festival, Fusebox, and more of the tourist-based arts events continue to break records each year—and during a recession, no less—it's hard not to think that this is all a matter of trying to fix something that's far from broken. As Willenzik told Austinist, "If we were to take this very quick step, we'd be damaging Austin's reputation as a 'scene' city. If we're going to change direction, would we want to do it at a time when things have been working best? If we damage these things, our reputation changes because we're not as good as we used to be. If you want to build a scene that brings in this kind of activity, attention, and money, then it needs to constantly be getting better." And thus far, it has been, which begs the question: Where's the urgency coming from here? "If we have to do it," Willenzik says, "Let's do it smart. Let's do it strategic. And let's not do it at the worst possible moment."

Contact the author of this article or email tips@austinist.com with further questions, comments or tips.

Comments [rss]

  • seth

    How about if Austin wants to reduce its operating expenses, it make all these "cultural centers" fund their own upkeep? I mean, these things get built with public bond money for a few million dollars, then the city has to operate them for infinity to the tune of $500,000 per year. Talk about budget burners....

    Seth

  • Barney Noodles

    Oops. AYC didn't write that. Good work, Dan Solomon, if that is your REAL name. I still think it is a funny line, even if the thrill of imagining it being said by AYC has been robbed of me. Bastard Internet.

  • Barney Noodles

    A well written and concise explanation of what is going on with this important issue. Thanks, AYC. But, despite all the relevant facts and germane quotes, my favorite line is this: "Round Rockers and Pflugervillains."

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