1 | | - | By: Morrison (Senate Sponsor - Kolkhorst) H.B. No. 1494 |
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2 | | - | (In the Senate - Received from the House May 5, 2017; |
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3 | | - | May 8, 2017, read first time and referred to Committee on Natural |
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4 | | - | Resources & Economic Development; May 18, 2017, reported favorably |
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5 | | - | by the following vote: Yeas 7, Nays 2, 1 present not voting; |
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6 | | - | May 18, 2017, sent to printer.) |
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7 | | - | Click here to see the committee vote |
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| 1 | + | H.B. No. 1494 |
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11 | 4 | | AN ACT |
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12 | 5 | | relating to the use of municipal hotel occupancy tax revenue by |
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13 | 6 | | certain municipalities. |
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14 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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15 | 8 | | SECTION 1. Subchapter B, Chapter 351, Tax Code, is amended |
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16 | 9 | | by adding Section 351.1075 to read as follows: |
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17 | 10 | | Sec. 351.1075. ALLOCATION OF REVENUE FOR THE ARTS BY |
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18 | 11 | | CERTAIN MUNICIPALITIES. (a) This section applies only to a |
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19 | 12 | | municipality: |
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20 | 13 | | (1) a portion of which is designated as a cultural arts |
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21 | 14 | | district; and |
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22 | 15 | | (2) that is the county seat of a county: |
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23 | 16 | | (A) described by Section 352.002(a)(6); |
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24 | 17 | | (B) with a population of less than 50,000; and |
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25 | 18 | | (C) that includes a state park and a national |
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26 | 19 | | wildlife refuge. |
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27 | 20 | | (b) Notwithstanding any other provision of this chapter and |
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28 | 21 | | subject to Subsection (c)(1), a municipality to which this section |
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29 | 22 | | applies may use not more than 30 percent of the revenue derived from |
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30 | 23 | | the municipal hotel occupancy tax for the purposes provided by |
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31 | 24 | | Section 351.101(a)(4). |
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32 | 25 | | (c) A municipality to which this section applies that spends |
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33 | 26 | | more than 15 percent of the hotel occupancy tax revenue collected by |
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34 | 27 | | the municipality in a fiscal year for the purposes provided by |
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35 | 28 | | Section 351.101(a)(4): |
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36 | 29 | | (1) may not in that fiscal year reduce the percentage |
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37 | 30 | | of hotel occupancy tax revenue that the municipality spends for the |
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38 | 31 | | purposes described by Section 351.101(a)(3) to a percentage that is |
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39 | 32 | | less than the average percentage of hotel occupancy tax revenue |
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40 | 33 | | spent by the municipality for those purposes during the 36-month |
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41 | 34 | | period preceding that fiscal year; and |
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42 | 35 | | (2) shall determine for that fiscal year: |
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43 | 36 | | (A) the increase in the amount of hotel revenue |
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44 | 37 | | that is attributable to that expenditure; and |
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45 | 38 | | (B) the total amount of hotel occupancy tax |
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46 | 39 | | revenue spent by the municipality for the purposes provided by |
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47 | 40 | | Section 351.101(a)(4). |
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48 | 41 | | (d) If the amount of money determined under Subsection |
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49 | 42 | | (c)(2)(A) is less than the amount of money determined under |
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50 | 43 | | Subsection (c)(2)(B), the municipality shall reimburse the |
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51 | 44 | | municipality's hotel occupancy tax revenue fund from the |
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52 | 45 | | municipality's general fund an amount equal to 50 percent of the |
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53 | 46 | | difference between those determined amounts. |
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54 | 47 | | SECTION 2. This Act takes effect immediately if it receives |
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55 | 48 | | a vote of two-thirds of all the members elected to each house, as |
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56 | 49 | | provided by Section 39, Article III, Texas Constitution. If this |
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57 | 50 | | Act does not receive the vote necessary for immediate effect, this |
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58 | 51 | | Act takes effect September 1, 2017. |
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59 | | - | * * * * * |
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| 52 | + | ______________________________ ______________________________ |
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| 53 | + | President of the Senate Speaker of the House |
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| 54 | + | I certify that H.B. No. 1494 was passed by the House on May 4, |
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| 55 | + | 2017, by the following vote: Yeas 138, Nays 5, 2 present, not |
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| 56 | + | voting. |
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| 57 | + | ______________________________ |
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| 58 | + | Chief Clerk of the House |
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| 59 | + | I certify that H.B. No. 1494 was passed by the Senate on May |
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| 60 | + | 21, 2017, by the following vote: Yeas 26, Nays 5. |
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| 61 | + | ______________________________ |
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| 62 | + | Secretary of the Senate |
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| 63 | + | APPROVED: _____________________ |
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| 64 | + | Date |
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| 65 | + | _____________________ |
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| 66 | + | Governor |
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