Texas 2013 - 83rd Regular

Texas Senate Bill SB551 Compare Versions

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11 By: Uresti S.B. No. 551
22 (Nevarez)
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the use of municipal hotel occupancy tax revenue to
88 enhance and upgrade sports facilities in certain municipalities.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subsection (a), Section 351.101, Tax Code, is
1111 amended to read as follows:
1212 (a) Revenue from the municipal hotel occupancy tax may be
1313 used only to promote tourism and the convention and hotel industry,
1414 and that use is limited to the following:
1515 (1) the acquisition of sites for and the construction,
1616 improvement, enlarging, equipping, repairing, operation, and
1717 maintenance of convention center facilities or visitor information
1818 centers, or both;
1919 (2) the furnishing of facilities, personnel, and
2020 materials for the registration of convention delegates or
2121 registrants;
2222 (3) advertising and conducting solicitations and
2323 promotional programs to attract tourists and convention delegates
2424 or registrants to the municipality or its vicinity;
2525 (4) the encouragement, promotion, improvement, and
2626 application of the arts, including instrumental and vocal music,
2727 dance, drama, folk art, creative writing, architecture, design and
2828 allied fields, painting, sculpture, photography, graphic and craft
2929 arts, motion pictures, radio, television, tape and sound recording,
3030 and other arts related to the presentation, performance, execution,
3131 and exhibition of these major art forms;
3232 (5) historical restoration and preservation projects
3333 or activities or advertising and conducting solicitations and
3434 promotional programs to encourage tourists and convention
3535 delegates to visit preserved historic sites or museums:
3636 (A) at or in the immediate vicinity of convention
3737 center facilities or visitor information centers; or
3838 (B) located elsewhere in the municipality or its
3939 vicinity that would be frequented by tourists and convention
4040 delegates;
4141 (6) for a municipality located in a county with a
4242 population of one million or less, expenses, including promotion
4343 expenses, directly related to a sporting event in which the
4444 majority of participants are tourists who substantially increase
4545 economic activity at hotels and motels within the municipality or
4646 its vicinity;
4747 (7) subject to Section 351.1076, the promotion of
4848 tourism by the enhancement and upgrading of existing sports
4949 facilities or fields, including facilities or fields for baseball,
5050 softball, soccer, and flag football, if:
5151 (A) the municipality owns the facilities or
5252 fields;
5353 (B) the municipality:
5454 (i) has a population of 80,000 or more and
5555 is located in a county that has a population of 350,000 or less;
5656 (ii) has a population of at least 75,000 but
5757 not more than 95,000 and is located in a county that has a
5858 population of less than 200,000 but more than 160,000;
5959 (iii) has a population of at least 36,000
6060 but not more than 39,000 and is located in a county that has a
6161 population of 100,000 or less that is not adjacent to a county with
6262 a population of more than two million;
6363 (iv) has a population of at least 13,000 but
6464 less than 39,000 and is located in a county that has a population of
6565 at least 200,000;
6666 (v) has a population of at least 70,000 but
6767 less than 90,000 and no part of which is located in a county with a
6868 population greater than 150,000;
6969 (vi) is located in a county that:
7070 (a) is adjacent to the Texas-Mexico
7171 border;
7272 (b) has a population of at least
7373 500,000; and
7474 (c) does not have a municipality with
7575 a population greater than 500,000; [or]
7676 (vii) has a population of at least 25,000
7777 but not more than [that] 26,000 and is located in a county that has a
7878 population of 90,000 or less; or
7979 (viii) has a population of at least 7,500
8080 and is located in a county that borders the Pecos River and that has
8181 a population of not more than 15,000; and
8282 (C) the sports facilities and fields have been
8383 used, in the preceding calendar year, a combined total of more than
8484 10 times for district, state, regional, or national sports
8585 tournaments;
8686 (8) for a municipality with a population of at least
8787 70,000 but less than 90,000, no part of which is located in a county
8888 with a population greater than 150,000, the construction,
8989 improvement, enlarging, equipping, repairing, operation, and
9090 maintenance of a coliseum or multiuse facility;
9191 (9) signage directing the public to sights and
9292 attractions that are visited frequently by hotel guests in the
9393 municipality;
9494 (10) the construction of a recreational venue in the
9595 immediate vicinity of area hotels, if:
9696 (A) the municipality:
9797 (i) is a general-law municipality;
9898 (ii) has a population of not more than 900;
9999 and
100100 (iii) does not impose an ad valorem tax;
101101 (B) not more than $100,000 of municipal hotel
102102 occupancy tax revenue is used for the construction of the
103103 recreational venue;
104104 (C) a majority of the hotels in the municipality
105105 request the municipality to construct the recreational venue;
106106 (D) the recreational venue will be used primarily
107107 by hotel guests; and
108108 (E) the municipality will pay for maintenance of
109109 the recreational venue from the municipality's general fund;
110110 (11) the construction, improvement, enlarging,
111111 equipping, repairing, operation, and maintenance of a coliseum or
112112 multiuse facility, if the municipality:
113113 (A) has a population of at least 90,000 but less
114114 than 120,000; and
115115 (B) is located in two counties, at least one of
116116 which contains the headwaters of the San Gabriel River; and
117117 (12) for a municipality with a population of more than
118118 175,000 but less than 225,000 that is located in two counties, each
119119 of which has a population of less than 200,000, the construction,
120120 improvement, enlarging, equipping, repairing, operation, and
121121 maintenance of a coliseum or multiuse facility and related
122122 infrastructure or a venue, as defined by Section 334.001(4), Local
123123 Government Code, that is related to the promotion of tourism.
124124 SECTION 2. This Act takes effect immediately if it receives
125125 a vote of two-thirds of all the members elected to each house, as
126126 provided by Section 39, Article III, Texas Constitution. If this
127127 Act does not receive the vote necessary for immediate effect, this
128128 Act takes effect September 1, 2013.