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| 3 | 4 | | |
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| 4 | 5 | | R E S O L U T I O N |
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| 5 | 6 | | BE IT RESOLVED by the House of Representatives of the State of |
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| 6 | 7 | | Texas, 85th Legislature, Regular Session, 2017, That House Rule 13, |
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| 7 | 8 | | Section 9(a), be suspended in part as provided by House Rule 13, |
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| 8 | 9 | | Section 9(f), to enable the conference committee appointed to |
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| 9 | 10 | | resolve the differences on House Bill 2445 (the use of municipal |
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| 10 | 11 | | hotel occupancy tax revenue in certain municipalities) to consider |
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| 11 | 12 | | and take action on the following matters: |
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| 12 | 13 | | (1) House Rule 13, Section 9(a)(4), is suspended to permit |
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| 13 | 14 | | the committee to add text on a matter not included in either the |
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| 14 | 15 | | house or senate version of the bill in proposed SECTION 8 of the |
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| 15 | 16 | | bill, by adding the following text to amended Section 351.102, Tax |
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| 16 | 17 | | Code: |
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| 17 | 18 | | (c-1) A municipality to which this subsection applies is |
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| 18 | 19 | | entitled to receive all funds from a hotel and convention center |
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| 19 | 20 | | project that the owner of a project could receive under Section |
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| 20 | 21 | | 151.429(h) of this code or Section 2303.5055, Government Code, if a |
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| 21 | 22 | | project for purposes of those provisions included a hotel and |
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| 22 | 23 | | convention center project. The municipality may pledge the funds |
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| 23 | 24 | | for payment of obligations issued under this section for the hotel |
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| 24 | 25 | | and convention center project. For purposes of this subsection, |
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| 25 | 26 | | "hotel and convention center project" means a project that is an |
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| 26 | 27 | | existing hotel owned by the municipality or another person and a |
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| 27 | 28 | | convention center facility to be acquired, constructed, equipped, |
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| 28 | 29 | | or leased, that will be located within 1,000 feet of the hotel, and |
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| 29 | 30 | | that will be owned by or located on land owned by the municipality. |
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| 30 | 31 | | This subsection applies only to a municipality that: |
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| 31 | 32 | | (1) is the county seat of a county that: |
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| 32 | 33 | | (A) borders the United Mexican States; |
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| 33 | 34 | | (B) has a population of less than 300,000; and |
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| 34 | 35 | | (C) contains one or more municipalities with a |
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| 35 | 36 | | population of 200,000 or more; and |
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| 36 | 37 | | (2) holds an annual jalapeño festival. |
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| 37 | 38 | | Explanation: The change is necessary to permit a |
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| 38 | 39 | | municipality to which Section 351.102(c-1), Tax Code, as added by |
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| 39 | 40 | | the bill, applies to receive and pledge the described funds for the |
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| 40 | 41 | | specified purposes. |
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| 41 | 42 | | (2) House Rule 13, Section 9(a)(4), is suspended to permit |
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| 42 | 43 | | the committee to add text on a matter not included in either the |
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| 43 | 44 | | house or senate version of the bill in proposed SECTION 8 of the |
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| 44 | 45 | | bill, by adding the following text to added Section 351.102(e), Tax |
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| 45 | 46 | | Code: |
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| 46 | 47 | | (e) In addition to the municipalities described by |
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| 47 | 48 | | Subsection (b), that subsection also applies to: |
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| 48 | 49 | | . . . |
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| 49 | 50 | | (9) a municipality with a population of less than |
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| 50 | 51 | | 2,000 that: |
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| 51 | 52 | | (A) is located adjacent to a bay connected to the |
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| 52 | 53 | | Gulf of Mexico; |
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| 53 | 54 | | (B) is located in a county with a population of |
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| 54 | 55 | | 290,000 or more that is adjacent to a county with a population of |
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| 55 | 56 | | four million or more; and |
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| 56 | 57 | | (C) has a boardwalk on the bay; |
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| 57 | 58 | | (10) a municipality with a population of 75,000 or |
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| 58 | 59 | | more that: |
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| 59 | 60 | | (A) is located wholly in one county with a |
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| 60 | 61 | | population of 575,000 or more that is adjacent to a county with a |
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| 61 | 62 | | population of four million or more; and |
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| 62 | 63 | | (B) has adopted a capital improvement plan for |
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| 63 | 64 | | the construction or expansion of a convention center facility; |
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| 64 | 65 | | (11) a municipality with a population of less than |
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| 65 | 66 | | 75,000 that is located in three counties, at least one of which has |
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| 66 | 67 | | a population of at least four million; and |
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| 67 | 68 | | (12) an eligible coastal municipality with a |
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| 68 | 69 | | population of more than 3,000 but less than 5,000. |
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| 69 | 70 | | Explanation: This change is necessary to add municipalities |
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| 70 | 71 | | to the list of municipalities to which Section 351.102(b), Tax |
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| 71 | 72 | | Code, applies. |
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| 72 | 73 | | (3) House Rule 13, Section 9(a)(4), is suspended to permit |
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| 73 | 74 | | the committee to add text on a matter not included in either the |
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| 74 | 75 | | house or senate version of the bill in proposed SECTION 8 of the |
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| 75 | 76 | | bill, by adding the following text to amended Section 351.102, Tax |
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| 76 | 77 | | Code: |
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| 77 | 78 | | (g) A municipality to which this section applies may not |
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| 78 | 79 | | receive or pledge revenue or funds under Subsection (b) or (c) for a |
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| 79 | 80 | | hotel project unless the municipality enters into an agreement with |
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| 80 | 81 | | a person for the development of the hotel project before September |
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| 81 | 82 | | 1, 2019. |
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| 82 | 83 | | Explanation: This change is necessary to restrict the |
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| 83 | 84 | | application of Sections 351.102(b) and (c), Tax Code, to eligible |
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| 84 | 85 | | municipalities that enter into the specified agreements before |
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| 85 | 86 | | September 1, 2019. |
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