Texas 2009 - 81st Regular

Texas House Bill HB1789 Compare Versions

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1	1	H.B. No. 1789
2	2
3	3
4	4	AN ACT
5	5	relating to the use of municipal hotel occupancy tax revenue to
6	6	enhance and upgrade sports facilities, coliseums, and multiuse
7	7	facilities in certain municipalities.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 351.101(a), Tax Code, is amended to read
10	10	as follows:
11	11	(a) Revenue from the municipal hotel occupancy tax may be
12	12	used only to promote tourism and the convention and hotel industry,
13	13	and that use is limited to the following:
14	14	(1) the acquisition of sites for and the construction,
15	15	improvement, enlarging, equipping, repairing, operation, and
16	16	maintenance of convention center facilities or visitor information
17	17	centers, or both;
18	18	(2) the furnishing of facilities, personnel, and
19	19	materials for the registration of convention delegates or
20	20	registrants;
21	21	(3) advertising and conducting solicitations and
22	22	promotional programs to attract tourists and convention delegates
23	23	or registrants to the municipality or its vicinity;
24	24	(4) the encouragement, promotion, improvement, and
25	25	application of the arts, including instrumental and vocal music,
26	26	dance, drama, folk art, creative writing, architecture, design and
27	27	allied fields, painting, sculpture, photography, graphic and craft
28	28	arts, motion pictures, radio, television, tape and sound recording,
29	29	and other arts related to the presentation, performance, execution,
30	30	and exhibition of these major art forms;
31	31	(5) historical restoration and preservation projects
32	32	or activities or advertising and conducting solicitations and
33	33	promotional programs to encourage tourists and convention
34	34	delegates to visit preserved historic sites or museums:
35	35	(A) at or in the immediate vicinity of convention
36	36	center facilities or visitor information centers; or
37	37	(B) located elsewhere in the municipality or its
38	38	vicinity that would be frequented by tourists and convention
39	39	delegates;
40	40	(6) for a municipality located in a county with a
41	41	population of one million or less, expenses, including promotion
42	42	expenses, directly related to a sporting event in which the
43	43	majority of participants are tourists who substantially increase
44	44	economic activity at hotels and motels within the municipality or
45	45	its vicinity; [and]
46	46	(7) subject to Section 351.1076, the promotion of
47	47	tourism by the enhancement and upgrading of existing sports
48	48	facilities or fields, including facilities or fields for baseball,
49	49	softball, soccer, and flag football, if:
50	50	(A) the municipality owns the facilities or
51	51	fields;
52	52	(B) the municipality:
53	53	(i) has a population of 80,000 or more and
54	54	is located in a county that has a population of 350,000 or less;
55	55	(ii) has a population of at least 65,000 but
56	56	not more than 70,000 and is located in a county that has a
57	57	population of 155,000 or less; [or]
58	58	(iii) has a population of at least 34,000
59	59	but not more than 36,000 and is located in a county that has a
60	60	population of 90,000 or less;
61	61	(iv) has a population of at least 13,000 but
62	62	less than 39,000 and is located in a county that has a population of
63	63	at least 200,000;
64	64	(v) has a population of at least 65,000 but
65	65	less than 80,000 and no part of which is located in a county with a
66	66	population greater than 150,000; or
67	67	(vi) is located in a county that:
68	68	(a) is adjacent to the Texas-Mexico
69	69	border;
70	70	(b) has a population of at least
71	71	500,000; and
72	72	(c) does not have a municipality with
73	73	a population greater than 500,000; and
74	74	(C) the sports facilities and fields have been
75	75	used, in the preceding calendar year, a combined total of more than
76	76	10 times for district, state, regional, or national sports
77	77	tournaments; and
78	78	(8) for a municipality with a population of at least
79	79	65,000 but less than 80,000, no part of which is located in a county
80	80	with a population greater than 150,000, the construction,
81	81	improvement, enlarging, equipping, repairing, operation, and
82	82	maintenance of a coliseum or multiuse facility.
83	83	SECTION 2. This Act takes effect immediately if it receives
84	84	a vote of two-thirds of all the members elected to each house, as
85	85	provided by Section 39, Article III, Texas Constitution. If this
86	86	Act does not receive the vote necessary for immediate effect, this
87	87	Act takes effect September 1, 2009.
88	88	______________________________ ______________________________
89	89	President of the Senate Speaker of the House
90	90	I certify that H.B. No. 1789 was passed by the House on April
91	91	28, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
92	92	voting; and that the House concurred in Senate amendments to H.B.
93	93	No. 1789 on May 21, 2009, by the following vote: Yeas 136, Nays 5,
94	94	2 present, not voting.
95	95	______________________________
96	96	Chief Clerk of the House
97	97	I certify that H.B. No. 1789 was passed by the Senate, with
98	98	amendments, on May 18, 2009, by the following vote: Yeas 31, Nays
99	99	0.
100	100	______________________________
101	101	Secretary of the Senate
102	102	APPROVED: __________________
103	103	Date
104	104	__________________
105	105	Governor