Texas 2009 - 81st Regular

Texas House Bill HB656 Compare Versions

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1	1	81R3980 BEF-F
2	2	By: Rios Ybarra H.B. No. 656
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of municipal hotel occupancy taxes for
8	8	ecological tourism events.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 351.101(a), Tax Code, is amended to read
11	11	as follows:
12	12	(a) Revenue from the municipal hotel occupancy tax may be
13	13	used only to promote tourism and the convention and hotel industry,
14	14	and that use is limited to the following:
15	15	(1) the acquisition of sites for and the construction,
16	16	improvement, enlarging, equipping, repairing, operation, and
17	17	maintenance of convention center facilities or visitor information
18	18	centers, or both;
19	19	(2) the furnishing of facilities, personnel, and
20	20	materials for the registration of convention delegates or
21	21	registrants;
22	22	(3) advertising and conducting solicitations and
23	23	promotional programs to attract tourists and convention delegates
24	24	or registrants to the municipality or its vicinity;
25	25	(4) the encouragement, promotion, improvement, and
26	26	application of the arts, including instrumental and vocal music,
27	27	dance, drama, folk art, creative writing, architecture, design and
28	28	allied fields, painting, sculpture, photography, graphic and craft
29	29	arts, motion pictures, radio, television, tape and sound recording,
30	30	and other arts related to the presentation, performance, execution,
31	31	and exhibition of these major art forms;
32	32	(5) historical restoration and preservation projects
33	33	or activities or advertising and conducting solicitations and
34	34	promotional programs to encourage tourists and convention
35	35	delegates to visit preserved historic sites or museums:
36	36	(A) at or in the immediate vicinity of convention
37	37	center facilities or visitor information centers; or
38	38	(B) located elsewhere in the municipality or its
39	39	vicinity that would be frequented by tourists and convention
40	40	delegates;
41	41	(6) for a municipality located in a county with a
42	42	population of one million or less, expenses, including promotion
43	43	expenses, directly related to a sporting event in which the
44	44	majority of participants are tourists who substantially increase
45	45	economic activity at hotels and motels within the municipality or
46	46	its vicinity; [and]
47	47	(7) subject to Section 351.1076, the promotion of
48	48	tourism by the enhancement and upgrading of existing sports
49	49	facilities or fields, including facilities or fields for baseball,
50	50	softball, soccer, and flag football, if:
51	51	(A) the municipality owns the facilities or
52	52	fields;
53	53	(B) the municipality:
54	54	(i) has a population of 80,000 or more and
55	55	is located in a county that has a population of 350,000 or less;
56	56	(ii) has a population of at least 65,000 but
57	57	not more than 70,000 and is located in a county that has a
58	58	population of 155,000 or less; or
59	59	(iii) has a population of at least 34,000
60	60	but not more than 36,000 and is located in a county that has a
61	61	population of 90,000 or less; and
62	62	(C) the sports facilities and fields have been
63	63	used, in the preceding calendar year, a combined total of more than
64	64	10 times for district, state, regional, or national sports
65	65	tournaments; and
66	66	(8) promotional and event expenses for an ecological
67	67	tourism event, including an event for which the primary attraction
68	68	is traveling to an area of natural or ecological interest for the
69	69	purpose of observing and learning about wildlife and the area's
70	70	natural environment, if:
71	71	(A) a majority of the event's participants are
72	72	tourists; and
73	73	(B) the event substantially increases economic
74	74	activity at hotels and motels within or in the vicinity of the
75	75	municipality.
76	76	SECTION 2. Section 351.103, Tax Code, is amended by adding
77	77	Subsection (f) to read as follows:
78	78	(f) Not more than 15 percent of the hotel occupancy tax
79	79	revenue collected by a municipality, or the amount of tax received
80	80	by the municipality at the rate of one percent of the cost of a room,
81	81	whichever is greater, may be used for the purpose provided by
82	82	Section 351.101(a)(8).
83	83	SECTION 3. 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.