Texas 2011 - 82nd Regular

Texas House Bill HB1690 Compare Versions

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1	1	By: Flynn (Senate Sponsor - Deuell) H.B. No. 1690
2	2	(In the Senate - Received from the House May 19, 2011;
3	3	May 19, 2011, read first time and referred to Committee on
4	4	Intergovernmental Relations; May 21, 2011, reported favorably by
5	5	the following vote: Yeas 3, Nays 0; May 21, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the use of municipal hotel occupancy tax revenue to
11	11	enhance and upgrade sports facilities in certain municipalities.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 351.101(a), Tax Code, as amended by
14	14	Chapters 402 (H.B. 1789), 1220 (S.B. 1247), and 1322 (H.B. 3098),
15	15	Acts of the 81st Legislature, Regular Session, 2009, is reenacted
16	16	and amended to read as follows:
17	17	(a) Revenue from the municipal hotel occupancy tax may be
18	18	used only to promote tourism and the convention and hotel industry,
19	19	and that use is limited to the following:
20	20	(1) the acquisition of sites for and the construction,
21	21	improvement, enlarging, equipping, repairing, operation, and
22	22	maintenance of convention center facilities or visitor information
23	23	centers, or both;
24	24	(2) the furnishing of facilities, personnel, and
25	25	materials for the registration of convention delegates or
26	26	registrants;
27	27	(3) advertising and conducting solicitations and
28	28	promotional programs to attract tourists and convention delegates
29	29	or registrants to the municipality or its vicinity;
30	30	(4) the encouragement, promotion, improvement, and
31	31	application of the arts, including instrumental and vocal music,
32	32	dance, drama, folk art, creative writing, architecture, design and
33	33	allied fields, painting, sculpture, photography, graphic and craft
34	34	arts, motion pictures, radio, television, tape and sound recording,
35	35	and other arts related to the presentation, performance, execution,
36	36	and exhibition of these major art forms;
37	37	(5) historical restoration and preservation projects
38	38	or activities or advertising and conducting solicitations and
39	39	promotional programs to encourage tourists and convention
40	40	delegates to visit preserved historic sites or museums:
41	41	(A) at or in the immediate vicinity of convention
42	42	center facilities or visitor information centers; or
43	43	(B) located elsewhere in the municipality or its
44	44	vicinity that would be frequented by tourists and convention
45	45	delegates;
46	46	(6) for a municipality located in a county with a
47	47	population of one million or less, expenses, including promotion
48	48	expenses, directly related to a sporting event in which the
49	49	majority of participants are tourists who substantially increase
50	50	economic activity at hotels and motels within the municipality or
51	51	its vicinity;
52	52	(7) subject to Section 351.1076, the promotion of
53	53	tourism by the enhancement and upgrading of existing sports
54	54	facilities or fields, including facilities or fields for baseball,
55	55	softball, soccer, and flag football, if:
56	56	(A) the municipality owns the facilities or
57	57	fields;
58	58	(B) the municipality:
59	59	(i) has a population of 80,000 or more and
60	60	is located in a county that has a population of 350,000 or less;
61	61	(ii) has a population of at least 65,000 but
62	62	not more than 70,000 and is located in a county that has a
63	63	population of 155,000 or less;
64	64	(iii) has a population of at least 34,000
65	65	but not more than 36,000 and is located in a county that has a
66	66	population of 90,000 or less;
67	67	(iv) has a population of at least 13,000 but
68	68	less than 39,000 and is located in a county that has a population of
69	69	at least 200,000;
70	70	(v) has a population of at least 65,000 but
71	71	less than 80,000 and no part of which is located in a county with a
72	72	population greater than 150,000; [or]
73	73	(vi) is located in a county that:
74	74	(a) is adjacent to the Texas-Mexico
75	75	border;
76	76	(b) has a population of at least
77	77	500,000; and
78	78	(c) does not have a municipality with
79	79	a population greater than 500,000; or
80	80	(vii) has a population of at least 25,000
81	81	but not more that 26,000 and is located in a county that has a
82	82	population of 90,000 or less; and
83	83	(C) the sports facilities and fields have been
84	84	used, in the preceding calendar year, a combined total of more than
85	85	10 times for district, state, regional, or national sports
86	86	tournaments; [and]
87	87	(8) for a municipality with a population of at least
88	88	65,000 but less than 80,000, no part of which is located in a county
89	89	with a population greater than 150,000, the construction,
90	90	improvement, enlarging, equipping, repairing, operation, and
91	91	maintenance of a coliseum or multiuse facility;
92	92	(9) [(8)] signage directing the public to sights and
93	93	attractions that are visited frequently by hotel guests in the
94	94	municipality; and
95	95	(10) [(8)] the construction of a recreational venue in
96	96	the immediate vicinity of area hotels, if:
97	97	(A) the municipality:
98	98	(i) is a general-law municipality;
99	99	(ii) has a population of not more than 900;
100	100	and
101	101	(iii) does not impose an ad valorem tax;
102	102	(B) not more than $100,000 of municipal hotel
103	103	occupancy tax revenue is used for the construction of the
104	104	recreational venue;
105	105	(C) a majority of the hotels in the municipality
106	106	request the municipality to construct the recreational venue;
107	107	(D) the recreational venue will be used primarily
108	108	by hotel guests; and
109	109	(E) the municipality will pay for maintenance of
110	110	the recreational venue from the municipality's general fund.
111	111	SECTION 2. To the extent of any conflict, this Act prevails
112	112	over another Act of the 82nd Legislature, Regular Session, 2011,
113	113	relating to nonsubstantive additions to and corrections in enacted
114	114	codes.
115	115	SECTION 3. This Act takes effect immediately if it receives
116	116	a vote of two-thirds of all the members elected to each house, as
117	117	provided by Section 39, Article III, Texas Constitution. If this
118	118	Act does not receive the vote necessary for immediate effect, this
119	119	Act takes effect September 1, 2011.
120	120	* * * * *