Texas 2015 - 84th Regular

Texas Senate Bill SB1403 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R10164 CBH-F
2	2	By: Seliger S.B. No. 1403
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the financing of convention center hotels in certain
8	8	municipalities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 1504.001, Government Code, is amended by
11	11	adding Subsection (c) to read as follows:
12	12	(c) A municipality with a population of at least 99,900 but
13	13	not more than 112,000 that is located in a county with a population
14	14	of at least 135,000 but not more than 200,000 may establish,
15	15	acquire, lease as lessee or lessor, construct, improve, enlarge,
16	16	and equip a hotel and any facilities ancillary to the hotel,
17	17	including shops, parking facilities, and plazas, that are owned by
18	18	or located on land owned by the municipality or by a nonprofit
19	19	corporation acting on behalf of the municipality, and that are
20	20	located within 1,000 feet of a convention center facility owned by
21	21	the municipality.
22	22	SECTION 2. Section 1504.002, Government Code, is amended by
23	23	adding Subsection (c) to read as follows:
24	24	(c) A municipality with a population of at least 99,900 but
25	25	not more than 112,000 that is located in a county with a population
26	26	of at least 135,000 but not more than 200,000 may issue bonds or
27	27	incur other obligations to acquire, lease, construct, or equip a
28	28	facility described by Section 1504.001(c).
29	29	SECTION 3. Section 2303.003(8), Government Code, is amended
30	30	to read as follows:
31	31	(8) "Qualified hotel project" means:
32	32	(A) a hotel proposed to be constructed by a
33	33	municipality or a nonprofit municipally sponsored local government
34	34	corporation created under the Texas Transportation Corporation
35	35	Act, Chapter 431, Transportation Code, that is within 1,000 feet of
36	36	a convention center owned by a municipality having a population of
37	37	1,500,000 or more, including shops, parking facilities, and any
38	38	other facilities ancillary to the hotel; [and]
39	39	(B) a hotel proposed to be constructed,
40	40	remodeled, or rehabilitated by a municipality or a nonprofit
41	41	municipally sponsored local government corporation created under
42	42	the Texas Transportation Corporation Act, Chapter 431,
43	43	Transportation Code, that is within 3,000 feet of the property line
44	44	of a convention center owned by a municipality having a population
45	45	of more than 500,000 and that borders the United Mexican States; and
46	46	(C) a hotel proposed to be constructed that is
47	47	within 1,000 feet of a convention center facility owned by a
48	48	municipality with a population of at least 99,900 but not more than
49	49	112,000 that is located in a county with a population of at least
50	50	135,000 but not more than 200,000.
51	51	SECTION 4. Section 351.001(2), Tax Code, is amended to read
52	52	as follows:
53	53	(2) "Convention center facilities" or "convention
54	54	center complex" means facilities that are primarily used to host
55	55	conventions and meetings. The term means civic centers, civic
56	56	center buildings, auditoriums, exhibition halls, and coliseums
57	57	that are owned by the municipality or other governmental entity or
58	58	that are managed in whole or part by the municipality. In a
59	59	municipality with a population of 1.5 million or more, "convention
60	60	center facilities" or "convention center complex" means civic
61	61	centers, civic center buildings, auditoriums, exhibition halls,
62	62	and coliseums that are owned by the municipality or other
63	63	governmental entity or that are managed in part by the
64	64	municipality, hotels owned by the municipality or a nonprofit
65	65	municipally sponsored local government corporation created under
66	66	Chapter 431, Transportation Code, within 1,000 feet of a convention
67	67	center owned by the municipality, or a historic hotel owned by the
68	68	municipality or a nonprofit municipally sponsored local government
69	69	corporation created under Chapter 431, Transportation Code, within
70	70	one mile of a convention center owned by the municipality. The
71	71	term includes parking areas or facilities that are for the parking
72	72	or storage of conveyances and that are located at or in the vicinity
73	73	of other convention center facilities. The term also includes a
74	74	hotel owned by or located on land that is owned by an eligible
75	75	central municipality or by a nonprofit corporation acting on behalf
76	76	of an eligible central municipality and that is located within
77	77	1,000 feet of a convention center facility owned by the
78	78	municipality. The term also includes a hotel proposed to be
79	79	constructed, remodeled, or rehabilitated by a municipality or a
80	80	nonprofit municipally sponsored local government corporation
81	81	created under Chapter 431, Transportation Code, that is within
82	82	3,000 feet of the property line of a convention center owned by a
83	83	municipality having a population of more than 500,000 and that
84	84	borders the United Mexican States. The term also includes a hotel
85	85	to be owned by the municipality or by another person, including a
86	86	private entity, to be constructed within 1,000 feet of a convention
87	87	center facility owned by a municipality with a population of at
88	88	least 99,900 but not more than 112,000 and that is located in a
89	89	county with a population of at least 135,000 but not more than
90	90	200,000.
91	91	SECTION 5. Subchapter B, Chapter 351, Tax Code, is amended
92	92	by adding Section 351.1078 to read as follows:
93	93	Sec. 351.1078. ALLOCATION OF REVENUE: CERTAIN
94	94	MUNICIPALITIES. (a) This section applies only to a qualified hotel
95	95	project, as that term is defined by Section 2303.003, Government
96	96	Code, proposed to be constructed or constructed in a municipality
97	97	with a population of at least 99,900 but not more than 112,000 that
98	98	is located in a county with a population of at least 135,000 but not
99	99	more than 200,000.
100	100	(b) Notwithstanding Section 2303.5055, Government Code, and
101	101	any other provision of this chapter, a municipality to which this
102	102	section applies may agree to rebate, refund, or pay all or part of
103	103	the revenue from the tax imposed under this chapter that is derived
104	104	from the qualified hotel project for a term determined by the
105	105	municipality, which may not extend beyond the 20th anniversary of
106	106	the date construction of the qualified hotel project began.
107	107	(c) If the municipality agrees to rebate, refund, or pay
108	108	revenue under Subsection (b), the municipality may not reduce the
109	109	percentage of revenue from the tax imposed under this chapter and
110	110	allocated for a purpose described by Section 351.101(a)(3) to a
111	111	percentage that is less than the average percentage of that
112	112	revenue, not including any reserve or surplus, allocated by the
113	113	municipality for that purpose during the 36-month period preceding
114	114	the date the municipality begins using revenue under Subsection
115	115	(b).
116	116	(d) A municipality to which this section applies is entitled
117	117	to receive hotel occupancy tax revenue from a qualified hotel
118	118	project that an owner of the project may receive under Section
119	119	151.429(h) of this code and Section 2303.5055, Government Code,
120	120	during the first 20 years after the qualified hotel project is open
121	121	for initial occupancy.
122	122	SECTION 6. This Act takes effect immediately if it receives
123	123	a vote of two-thirds of all the members elected to each house, as
124	124	provided by Section 39, Article III, Texas Constitution. If this
125	125	Act does not receive the vote necessary for immediate effect, this
126	126	Act takes effect September 1, 2015.