Texas 2017 - 85th Regular

Texas House Bill HB3485 Compare Versions

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11 By: Neave H.B. No. 3485
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44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to the use of municipal hotel occupancy tax revenue for
77 homeless assistance programs.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Section 351.101(a), Tax Code, as amended by
1010 Chapters 666 (H.B. 3772) and 979 (H.B. 3615), Acts of the 84th
1111 Legislature, Regular Session, 2015, is reenacted and amended to
1212 read as follows:
1313 (a) Revenue from the municipal hotel occupancy tax may be
1414 used only to promote tourism and the convention and hotel industry,
1515 and that use is limited to the following:
1616 (1) the acquisition of sites for and the construction,
1717 improvement, enlarging, equipping, repairing, operation, and
1818 maintenance of convention center facilities or visitor information
1919 centers, or both;
2020 (2) the furnishing of facilities, personnel, and
2121 materials for the registration of convention delegates or
2222 registrants;
2323 (3) advertising and conducting solicitations and
2424 promotional programs to attract tourists and convention delegates
2525 or registrants to the municipality or its vicinity;
2626 (4) the encouragement, promotion, improvement, and
2727 application of the arts, including instrumental and vocal music,
2828 dance, drama, folk art, creative writing, architecture, design and
2929 allied fields, painting, sculpture, photography, graphic and craft
3030 arts, motion pictures, radio, television, tape and sound recording,
3131 and other arts related to the presentation, performance, execution,
3232 and exhibition of these major art forms;
3333 (5) historical restoration and preservation projects
3434 or activities or advertising and conducting solicitations and
3535 promotional programs to encourage tourists and convention
3636 delegates to visit preserved historic sites or museums:
3737 (A) at or in the immediate vicinity of convention
3838 center facilities or visitor information centers; or
3939 (B) located elsewhere in the municipality or its
4040 vicinity that would be frequented by tourists and convention
4141 delegates;
4242 (6) for a municipality located in a county with a
4343 population of one million or less, expenses, including promotion
4444 expenses, directly related to a sporting event in which the
4545 majority of participants are tourists who substantially increase
4646 economic activity at hotels and motels within the municipality or
4747 its vicinity;
4848 (7) subject to Section 351.1076, the promotion of
4949 tourism by the enhancement and upgrading of existing sports
5050 facilities or fields, including facilities or fields for baseball,
5151 softball, soccer, flag football, and rodeos, if:
5252 (A) the municipality owns the facilities or
5353 fields;
5454 (B) the municipality:
5555 (i) has a population of 80,000 or more and
5656 is located in a county that has a population of 350,000 or less;
5757 (ii) has a population of at least 75,000 but
5858 not more than 95,000 and is located in a county that has a
5959 population of less than 200,000 but more than 160,000;
6060 (iii) has a population of at least 36,000
6161 but not more than 39,000 and is located in a county that has a
6262 population of 100,000 or less that is not adjacent to a county with
6363 a population of more than two million;
6464 (iv) has a population of at least 13,000 but
6565 less than 39,000 and is located in a county that has a population of
6666 at least 200,000;
6767 (v) has a population of at least 70,000 but
6868 less than 90,000 and no part of which is located in a county with a
6969 population greater than 150,000;
7070 (vi) is located in a county that:
7171 (a) is adjacent to the Texas-Mexico
7272 border;
7373 (b) has a population of at least
7474 500,000; and
7575 (c) does not have a municipality with
7676 a population greater than 500,000;
7777 (vii) has a population of at least 25,000
7878 but not more than 26,000 and is located in a county that has a
7979 population of 90,000 or less;
8080 (viii) [(ix)] is located in a county that
8181 has a population of not more than 300,000 and in which a component
8282 university of the University of Houston System is located; or
8383 (ix) [(x)] has a population of at least
8484 40,000 and the San Marcos River flows through the municipality; and
8585 (C) the sports facilities and fields have been
8686 used, in the preceding calendar year, a combined total of more than
8787 10 times for district, state, regional, or national sports
8888 tournaments;
8989 (8) for a municipality with a population of at least
9090 70,000 but less than 90,000, no part of which is located in a county
9191 with a population greater than 150,000, the construction,
9292 improvement, enlarging, equipping, repairing, operation, and
9393 maintenance of a coliseum or multiuse facility;
9494 (9) signage directing the public to sights and
9595 attractions that are visited frequently by hotel guests in the
9696 municipality;
9797 (10) the construction, improvement, enlarging,
9898 equipping, repairing, operation, and maintenance of a coliseum or
9999 multiuse facility, if the municipality:
100100 (A) has a population of at least 90,000 but less
101101 than 120,000; and
102102 (B) is located in two counties, at least one of
103103 which contains the headwaters of the San Gabriel River; [and]
104104 (11) for a municipality with a population of more than
105105 175,000 but less than 225,000 that is located in two counties, each
106106 of which has a population of less than 200,000, the construction,
107107 improvement, enlarging, equipping, repairing, operation, and
108108 maintenance of a coliseum or multiuse facility and related
109109 infrastructure or a venue, as defined by Section 334.001(4), Local
110110 Government Code, that is related to the promotion of tourism; and
111111 (12) the administration and operation of homeless
112112 assistance programs to encourage tourists to visit convention
113113 centers, hotels, or entertainment venues.
114114 SECTION 2. To the extent of any conflict, this Act prevails
115115 over another Act of the 85th Legislature, Regular Session, 2017,
116116 relating to nonsubstantive additions to and corrections in enacted
117117 codes.
118118 SECTION 3. This Act takes effect immediately if it receives
119119 a vote of two-thirds of all the members elected to each house, as
120120 provided by Section 39, Article III, Texas Constitution. If this
121121 Act does not receive the vote necessary for immediate effect, this
122122 Act takes effect September 1, 2017.