H.B. No. 2032
AN ACT
relating to the authority of certain municipalities to use tax
revenue for certain venue projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 334, Local Government
Code, is amended by adding Section 334.0082 to read as follows:
Sec. 334.0082. VENUE PROJECTS IN CERTAIN MUNICIPALITIES.
(a) This section applies only to a municipality that:
(1) has a population of at least 176,000 that borders
the Rio Grande, and that approved a sports and community venue
project before January 1, 2009; or
(2) is located in a county adjacent to the
Texas-Mexico border if:
(A) the county has a population of at least
500,000;
(B) the county does not have a city located
within it that has a population of at least 500,000; and
(C) the municipality is the largest municipality
in the county described by this subdivision.
(b) Notwithstanding any other law, including Section
334.089, after complying with Section 334.022, a municipality to
which this section applies may hold an election under Section
334.024 on the question of approving and implementing a resolution
to:
(1) authorize the municipality to plan, acquire,
establish, develop, construct, or renovate a convention center and
related infrastructure in the city limits of the municipality as
part of an existing or previously approved sports and community
venue project, regardless of whether the convention center is
located on the premises of the existing or previously approved
venue project;
(2) impose a tax under Subchapter H at a rate not to
exceed two percent of the cost of a room; and
(3) authorize the municipality to finance, operate,
and maintain the venue project described by Subdivision (1),
including the convention center, using the revenue from any taxes
imposed by the municipality under this chapter, including taxes
previously approved in relation to the existing or previously
approved venue project.
(c) If the resolution is approved by a majority of the votes
cast in the election, the municipality may implement the
resolution.
SECTION 2. Section 334.2516(a), Local Government Code, is
amended to read as follows:
(a) This section applies only to a municipality that:
(1) is located in three counties;
(2) has a population of less than 130,000 as shown by
the 2000 federal decennial census [120,000]; and
(3) acquires by purchase or lease with a term of not
less than 20 years an interest in real property that by the terms of
the acquisition is required to be maintained as park property.
SECTION 3. Section 351.001(7), Tax Code, is amended to read
as follows:
(7) "Eligible central municipality" means a
municipality with a population of more than 140,000 [440,000] but
less than 1.5 million that is located in a county with a population
of one million or more and that has adopted a capital improvement
plan for the expansion of an existing convention center facility.
SECTION 4. Section 1504.003(a), Government Code, is amended
to read as follows:
(a) Bonds issued under this subchapter must be secured by a
pledge of and be payable from all or a designated part of the
revenue from the facility for which the bonds are issued or from
additional sources made available by the municipality for that
purpose, as provided in the ordinance authorizing or approving the
issuance of the bonds.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2032 was passed by the House on April
24, 2009, by the following vote: Yeas 137, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2032 on May 18, 2009, by the following vote: Yeas 141, Nays 1,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2032 was passed by the Senate, with
amendments, on May 15, 2009, by the following vote: Yeas 29, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor