Texas 2015 - 84th Regular

Texas House Bill HB3692 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R22867 CBH-F
2	2	By: Landgraf H.B. No. 3692
3	3	Substitute the following for H.B. No. 3692:
4	4	By: Springer C.S.H.B. No. 3692
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the financing of convention center hotels in certain
10	10	municipalities.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 2303.003(8), Government Code, is amended
13	13	to read as follows:
14	14	(8) "Qualified hotel project" means:
15	15	(A) a hotel proposed to be constructed by a
16	16	municipality or a nonprofit municipally sponsored local government
17	17	corporation created under the Texas Transportation Corporation
18	18	Act, Chapter 431, Transportation Code, that is within 1,000 feet of
19	19	a convention center owned by a municipality having a population of
20	20	1,500,000 or more, including shops, parking facilities, and any
21	21	other facilities ancillary to the hotel; [and]
22	22	(B) a hotel proposed to be constructed,
23	23	remodeled, or rehabilitated by a municipality or a nonprofit
24	24	municipally sponsored local government corporation created under
25	25	the Texas Transportation Corporation Act, Chapter 431,
26	26	Transportation Code, that is within 3,000 feet of the property line
27	27	of a convention center owned by a municipality having a population
28	28	of more than 500,000 and that borders the United Mexican States; and
29	29	(C) a hotel proposed to be constructed that is
30	30	within 1,000 feet of a convention center facility owned by a
31	31	municipality with a population of at least 99,900 but not more than
32	32	112,000 that is located in a county with a population of at least
33	33	135,000 but not more than 200,000.
34	34	SECTION 2. Section 351.001(2), Tax Code, is amended to read
35	35	as follows:
36	36	(2) "Convention center facilities" or "convention
37	37	center complex" means facilities that are primarily used to host
38	38	conventions and meetings. The term means civic centers, civic
39	39	center buildings, auditoriums, exhibition halls, and coliseums
40	40	that are owned by the municipality or other governmental entity or
41	41	that are managed in whole or part by the municipality. In a
42	42	municipality with a population of 1.5 million or more, "convention
43	43	center facilities" or "convention center complex" means civic
44	44	centers, civic center buildings, auditoriums, exhibition halls,
45	45	and coliseums that are owned by the municipality or other
46	46	governmental entity or that are managed in part by the
47	47	municipality, hotels owned by the municipality or a nonprofit
48	48	municipally sponsored local government corporation created under
49	49	Chapter 431, Transportation Code, within 1,000 feet of a convention
50	50	center owned by the municipality, or a historic hotel owned by the
51	51	municipality or a nonprofit municipally sponsored local government
52	52	corporation created under Chapter 431, Transportation Code, within
53	53	one mile of a convention center owned by the municipality. The
54	54	term includes parking areas or facilities that are for the parking
55	55	or storage of conveyances and that are located at or in the vicinity
56	56	of other convention center facilities. The term also includes a
57	57	hotel owned by or located on land that is owned by an eligible
58	58	central municipality or by a nonprofit corporation acting on behalf
59	59	of an eligible central municipality and that is located within
60	60	1,000 feet of a convention center facility owned by the
61	61	municipality. The term also includes a hotel proposed to be
62	62	constructed, remodeled, or rehabilitated by a municipality or a
63	63	nonprofit municipally sponsored local government corporation
64	64	created under Chapter 431, Transportation Code, that is within
65	65	3,000 feet of the property line of a convention center owned by a
66	66	municipality having a population of more than 500,000 and that
67	67	borders the United Mexican States. The term also includes a hotel
68	68	to be owned by a person, including a private entity, to be
69	69	constructed within 1,000 feet of a convention center facility owned
70	70	by a municipality with a population of at least 99,900 but not more
71	71	than 112,000 and that is located in a county with a population of at
72	72	least 135,000 but not more than 200,000.
73	73	SECTION 3. Subchapter B, Chapter 351, Tax Code, is amended
74	74	by adding Section 351.1078 to read as follows:
75	75	Sec. 351.1078. ALLOCATION OF REVENUE: CERTAIN
76	76	MUNICIPALITIES. (a) This section applies only to a qualified hotel
77	77	project, as that term is defined by Section 2303.003, Government
78	78	Code, proposed to be constructed or constructed in a municipality
79	79	with a population of at least 99,900 but not more than 112,000 that
80	80	is located in a county with a population of at least 135,000 but not
81	81	more than 200,000.
82	82	(b) Notwithstanding Section 2303.5055, Government Code, and
83	83	any other provision of this chapter, a municipality to which this
84	84	section applies may agree to rebate, refund, or pay all or part of
85	85	the revenue from the tax imposed under this chapter that is derived
86	86	from the qualified hotel project for a term determined by the
87	87	municipality, which may not extend beyond the 20th anniversary of
88	88	the date the qualified hotel project opens for initial occupancy.
89	89	(c) If the municipality agrees to rebate, refund, or pay
90	90	revenue under Subsection (b), the municipality may not, on or after
91	91	the date the qualified hotel project from which the revenue is
92	92	derived opens for initial occupancy, reduce the percentage of
93	93	revenue from the tax imposed under this chapter and allocated for a
94	94	purpose described by Section 351.101(a)(3) to a percentage that is
95	95	less than the average percentage of that revenue, not including any
96	96	reserve or surplus, allocated by the municipality for that purpose
97	97	during the 36-month period preceding the date the municipality
98	98	begins using revenue under Subsection (b).
99	99	(d) A municipality to which this section applies is entitled
100	100	to receive hotel occupancy tax revenue from a qualified hotel
101	101	project that an owner of the project may receive under Section
102	102	151.429(h) of this code and Section 2303.5055, Government Code,
103	103	during the first 20 years after the qualified hotel project is open
104	104	for initial occupancy.
105	105	SECTION 4. This Act takes effect immediately if it receives
106	106	a vote of two-thirds of all the members elected to each house, as
107	107	provided by Section 39, Article III, Texas Constitution. If this
108	108	Act does not receive the vote necessary for immediate effect, this
109	109	Act takes effect September 1, 2015.