Texas 2017 - 85th Regular

Texas House Bill HB1494 Compare Versions

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1-By: Morrison (Senate Sponsor - Kolkhorst) H.B. No. 1494
2- (In the Senate - Received from the House May 5, 2017;
3- May 8, 2017, read first time and referred to Committee on Natural
4- Resources & Economic Development; May 18, 2017, reported favorably
5- by the following vote: Yeas 7, Nays 2, 1 present not voting;
6- May 18, 2017, sent to printer.)
7-Click here to see the committee vote
1+H.B. No. 1494
82
93
10- A BILL TO BE ENTITLED
114 AN ACT
125 relating to the use of municipal hotel occupancy tax revenue by
136 certain municipalities.
147 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
158 SECTION 1. Subchapter B, Chapter 351, Tax Code, is amended
169 by adding Section 351.1075 to read as follows:
1710 Sec. 351.1075. ALLOCATION OF REVENUE FOR THE ARTS BY
1811 CERTAIN MUNICIPALITIES. (a) This section applies only to a
1912 municipality:
2013 (1) a portion of which is designated as a cultural arts
2114 district; and
2215 (2) that is the county seat of a county:
2316 (A) described by Section 352.002(a)(6);
2417 (B) with a population of less than 50,000; and
2518 (C) that includes a state park and a national
2619 wildlife refuge.
2720 (b) Notwithstanding any other provision of this chapter and
2821 subject to Subsection (c)(1), a municipality to which this section
2922 applies may use not more than 30 percent of the revenue derived from
3023 the municipal hotel occupancy tax for the purposes provided by
3124 Section 351.101(a)(4).
3225 (c) A municipality to which this section applies that spends
3326 more than 15 percent of the hotel occupancy tax revenue collected by
3427 the municipality in a fiscal year for the purposes provided by
3528 Section 351.101(a)(4):
3629 (1) may not in that fiscal year reduce the percentage
3730 of hotel occupancy tax revenue that the municipality spends for the
3831 purposes described by Section 351.101(a)(3) to a percentage that is
3932 less than the average percentage of hotel occupancy tax revenue
4033 spent by the municipality for those purposes during the 36-month
4134 period preceding that fiscal year; and
4235 (2) shall determine for that fiscal year:
4336 (A) the increase in the amount of hotel revenue
4437 that is attributable to that expenditure; and
4538 (B) the total amount of hotel occupancy tax
4639 revenue spent by the municipality for the purposes provided by
4740 Section 351.101(a)(4).
4841 (d) If the amount of money determined under Subsection
4942 (c)(2)(A) is less than the amount of money determined under
5043 Subsection (c)(2)(B), the municipality shall reimburse the
5144 municipality's hotel occupancy tax revenue fund from the
5245 municipality's general fund an amount equal to 50 percent of the
5346 difference between those determined amounts.
5447 SECTION 2. This Act takes effect immediately if it receives
5548 a vote of two-thirds of all the members elected to each house, as
5649 provided by Section 39, Article III, Texas Constitution. If this
5750 Act does not receive the vote necessary for immediate effect, this
5851 Act takes effect September 1, 2017.
59- * * * * *
52+ ______________________________ ______________________________
53+ President of the Senate Speaker of the House
54+ I certify that H.B. No. 1494 was passed by the House on May 4,
55+ 2017, by the following vote: Yeas 138, Nays 5, 2 present, not
56+ voting.
57+ ______________________________
58+ Chief Clerk of the House
59+ I certify that H.B. No. 1494 was passed by the Senate on May
60+ 21, 2017, by the following vote: Yeas 26, Nays 5.
61+ ______________________________
62+ Secretary of the Senate
63+ APPROVED: _____________________
64+ Date
65+ _____________________
66+ Governor