Texas 2009 - 81st Regular

Texas House Bill HB3098 Compare Versions

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Old	New	Differences
1	1	H.B. No. 3098
2	2
3	3
4	4	AN ACT
5	5	relating to the use by certain municipalities of hotel occupancy
6	6	tax revenue for the construction of a recreational venue near
7	7	hotels.
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; and
61	61	(C) the sports facilities and fields have been
62	62	used, in the preceding calendar year, a combined total of more than
63	63	10 times for district, state, regional, or national sports
64	64	tournaments; and
65	65	(8) the construction of a recreational venue in the
66	66	immediate vicinity of area hotels, if:
67	67	(A) the municipality:
68	68	(i) is a general-law municipality;
69	69	(ii) has a population of not more than 900;
70	70	and
71	71	(iii) does not impose an ad valorem tax;
72	72	(B) not more than $100,000 of municipal hotel
73	73	occupancy tax revenue is used for the construction of the
74	74	recreational venue;
75	75	(C) a majority of the hotels in the municipality
76	76	request the municipality to construct the recreational venue;
77	77	(D) the recreational venue will be used primarily
78	78	by hotel guests; and
79	79	(E) the municipality will pay for maintenance of
80	80	the recreational venue from the municipality's general fund.
81	81	SECTION 2. This Act takes effect immediately if it receives
82	82	a vote of two-thirds of all the members elected to each house, as
83	83	provided by Section 39, Article III, Texas Constitution. If this
84	84	Act does not receive the vote necessary for immediate effect, this
85	85	Act takes effect September 1, 2009.
86	86	______________________________ ______________________________
87	87	President of the Senate Speaker of the House
88	88	I certify that H.B. No. 3098 was passed by the House on May 5,
89	89	2009, by the following vote: Yeas 144, Nays 0, 1 present, not
90	90	voting.
91	91	______________________________
92	92	Chief Clerk of the House
93	93	I certify that H.B. No. 3098 was passed by the Senate on May
94	94	26, 2009, by the following vote: Yeas 31, Nays 0.
95	95	______________________________
96	96	Secretary of the Senate
97	97	APPROVED: _____________________
98	98	Date
99	99	_____________________
100	100	Governor