Texas 2015 - 84th Regular

Texas Senate Bill SB682 Compare Versions

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

Old	New	Differences
1	1	By: Zaffirini S.B. No. 682
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the use of hotel occupancy tax revenues in certain
7	7	municipalities.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 351.101(a), Tax Code, as amended by
10	10	Chapters 541 (S.B. 551) and 546 (S.B. 585), Acts of the 83rd
11	11	Legislature, Regular Session, 2013, is reenacted and amended to
12	12	read as follows:
13	13	(a) Revenue from the municipal hotel occupancy tax may be
14	14	used only to promote tourism and the convention and hotel industry,
15	15	and that use is limited to the following:
16	16	(1) the acquisition of sites for and the construction,
17	17	improvement, enlarging, equipping, repairing, operation, and
18	18	maintenance of convention center facilities or visitor information
19	19	centers, or both;
20	20	(2) the furnishing of facilities, personnel, and
21	21	materials for the registration of convention delegates or
22	22	registrants;
23	23	(3) advertising and conducting solicitations and
24	24	promotional programs to attract tourists and convention delegates
25	25	or registrants to the municipality or its vicinity;
26	26	(4) the encouragement, promotion, improvement, and
27	27	application of the arts, including instrumental and vocal music,
28	28	dance, drama, folk art, creative writing, architecture, design and
29	29	allied fields, painting, sculpture, photography, graphic and craft
30	30	arts, motion pictures, radio, television, tape and sound recording,
31	31	and other arts related to the presentation, performance, execution,
32	32	and exhibition of these major art forms;
33	33	(5) historical restoration and preservation projects
34	34	or activities or advertising and conducting solicitations and
35	35	promotional programs to encourage tourists and convention
36	36	delegates to visit preserved historic sites or museums:
37	37	(A) at or in the immediate vicinity of convention
38	38	center facilities or visitor information centers; or
39	39	(B) located elsewhere in the municipality or its
40	40	vicinity that would be frequented by tourists and convention
41	41	delegates;
42	42	(6) for a municipality located in a county with a
43	43	population of one million or less, expenses, including promotion
44	44	expenses, directly related to a sporting event in which the
45	45	majority of participants are tourists who substantially increase
46	46	economic activity at hotels and motels within the municipality or
47	47	its vicinity;
48	48	(7) subject to Section 351.1076, the promotion of
49	49	tourism by the enhancement and upgrading of existing sports
50	50	facilities or fields, including facilities or fields for baseball,
51	51	softball, soccer, and flag football, if:
52	52	(A) the municipality owns the facilities or
53	53	fields;
54	54	(B) the municipality:
55	55	(i) has a population of 80,000 or more and
56	56	is located in a county that has a population of 350,000 or less;
57	57	(ii) has a population of at least 75,000 but
58	58	not more than 95,000 and is located in a county that has a
59	59	population of less than 200,000 but more than 160,000;
60	60	(iii) has a population of at least 36,000
61	61	but not more than 39,000 and is located in a county that has a
62	62	population of 100,000 or less that is not adjacent to a county with
63	63	a population of more than two million;
64	64	(iv) has a population of at least 13,000 but
65	65	less than 39,000 and is located in a county that has a population of
66	66	at least 200,000;
67	67	(v) has a population of at least 70,000 but
68	68	less than 90,000 and no part of which is located in a county with a
69	69	population greater than 150,000;
70	70	(vi) is located in a county that:
71	71	(a) is adjacent to the Texas-Mexico
72	72	border;
73	73	(b) has a population of at least
74	74	500,000; and
75	75	(c) does not have a municipality with
76	76	a population greater than 500,000;
77	77	(vii) has a population of at least 25,000
78	78	but not more than 26,000 and is located in a county that has a
79	79	population of 90,000 or less; [or]
80	80	(viii) has a population of at least 7,500
81	81	and is located in a county that borders the Pecos River and that has
82	82	a population of not more than 15,000;
83	83	(ix) [(viii)] is located in a county that
84	84	has a population of not more than 300,000 and in which a component
85	85	university of the University of Houston System is located; or
86	86	(x) has a population of at least 40,000 and
87	87	the San Marcos River flows through the municipality; and
88	88	(C) the sports facilities and fields have been
89	89	used, in the preceding calendar year, a combined total of more than
90	90	10 times for district, state, regional, or national sports
91	91	tournaments;
92	92	(8) for a municipality with a population of at least
93	93	70,000 but less than 90,000, no part of which is located in a county
94	94	with a population greater than 150,000, the construction,
95	95	improvement, enlarging, equipping, repairing, operation, and
96	96	maintenance of a coliseum or multiuse facility;
97	97	(9) signage directing the public to sights and
98	98	attractions that are visited frequently by hotel guests in the
99	99	municipality;
100	100	(10) the construction of a recreational venue in the
101	101	immediate vicinity of area hotels, if:
102	102	(A) the municipality:
103	103	(i) is a general-law municipality;
104	104	(ii) has a population of not more than 900;
105	105	and
106	106	(iii) does not impose an ad valorem tax;
107	107	(B) not more than $100,000 of municipal hotel
108	108	occupancy tax revenue is used for the construction of the
109	109	recreational venue;
110	110	(C) a majority of the hotels in the municipality
111	111	request the municipality to construct the recreational venue;
112	112	(D) the recreational venue will be used primarily
113	113	by hotel guests; and
114	114	(E) the municipality will pay for maintenance of
115	115	the recreational venue from the municipality's general fund;
116	116	(11) the construction, improvement, enlarging,
117	117	equipping, repairing, operation, and maintenance of a coliseum or
118	118	multiuse facility, if the municipality:
119	119	(A) has a population of at least 90,000 but less
120	120	than 120,000; and
121	121	(B) is located in two counties, at least one of
122	122	which contains the headwaters of the San Gabriel River; and
123	123	(12) for a municipality with a population of more than
124	124	175,000 but less than 225,000 that is located in two counties, each
125	125	of which has a population of less than 200,000, the construction,
126	126	improvement, enlarging, equipping, repairing, operation, and
127	127	maintenance of a coliseum or multiuse facility and related
128	128	infrastructure or a venue, as defined by Section 334.001(4), Local
129	129	Government Code, that is related to the promotion of tourism.
130	130	SECTION 2. To the extent of any conflict, this Act prevails
131	131	over another Act of the 84th Legislature, Regular Session, 2015,
132	132	relating to nonsubstantive additions to and corrections in enacted
133	133	codes.
134	134	SECTION 3. This Act takes effect immediately if it receives
135	135	a vote of two-thirds of all the members elected to each house, as
136	136	provided by Section 39, Article III, Texas Constitution. If this
137	137	Act does not receive the vote necessary for immediate effect, this
138	138	Act takes effect September 1, 2015.