Texas 2017 - 85th Regular

Texas Senate Bill SB1365 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Miles S.B. No. 1365
2		-	(Reynolds)
	1	+	S.B. No. 1365
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the use of municipal hotel occupancy tax revenue by
8	6		certain municipalities.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Section 351.101(a), Tax Code, as amended by
11	9		Chapters 666 (H.B. 3772) and 979 (H.B. 3615), Acts of the 84th
12	10		Legislature, Regular Session, 2015, is reenacted and amended to
13	11		read as follows:
14	12		(a) Revenue from the municipal hotel occupancy tax may be
15	13		used only to promote tourism and the convention and hotel industry,
16	14		and that use is limited to the following:
17	15		(1) the acquisition of sites for and the construction,
18	16		improvement, enlarging, equipping, repairing, operation, and
19	17		maintenance of convention center facilities or visitor information
20	18		centers, or both;
21	19		(2) the furnishing of facilities, personnel, and
22	20		materials for the registration of convention delegates or
23	21		registrants;
24	22		(3) advertising and conducting solicitations and
25	23		promotional programs to attract tourists and convention delegates
26	24		or registrants to the municipality or its vicinity;
27	25		(4) the encouragement, promotion, improvement, and
28	26		application of the arts, including instrumental and vocal music,
29	27		dance, drama, folk art, creative writing, architecture, design and
30	28		allied fields, painting, sculpture, photography, graphic and craft
31	29		arts, motion pictures, radio, television, tape and sound recording,
32	30		and other arts related to the presentation, performance, execution,
33	31		and exhibition of these major art forms;
34	32		(5) historical restoration and preservation projects
35	33		or activities or advertising and conducting solicitations and
36	34		promotional programs to encourage tourists and convention
37	35		delegates to visit preserved historic sites or museums:
38	36		(A) at or in the immediate vicinity of convention
39	37		center facilities or visitor information centers; or
40	38		(B) located elsewhere in the municipality or its
41	39		vicinity that would be frequented by tourists and convention
42	40		delegates;
43	41		(6) [for a municipality located in a county with a
44	42		population of one million or less,] expenses, including promotion
45	43		expenses, directly related to a sporting event in which the
46	44		majority of participants are tourists who substantially increase
47	45		economic activity at hotels and motels within the municipality or
48	46		its vicinity if:
49	47		(A) the municipality is located in a county with
50	48		a population of one million or less; or
51	49		(B) the municipality has a population of more
52	50		than 67,000 and is located in two counties with 90 percent of the
53	51		municipality's territory located in a county with a population of
54	52		at least 580,000, and the remaining territory located in a county
55	53		with a population of at least four million;
56	54		(7) subject to Section 351.1076, the promotion of
57	55		tourism by the enhancement and upgrading of existing sports
58	56		facilities or fields, including facilities or fields for baseball,
59	57		softball, soccer, flag football, and rodeos, if:
60	58		(A) the municipality owns the facilities or
61	59		fields;
62	60		(B) the municipality:
63	61		(i) has a population of 80,000 or more and
64	62		is located in a county that has a population of 350,000 or less;
65	63		(ii) has a population of at least 75,000 but
66	64		not more than 95,000 and is located in a county that has a
67	65		population of less than 200,000 but more than 160,000;
68	66		(iii) has a population of at least 36,000
69	67		but not more than 39,000 and is located in a county that has a
70	68		population of 100,000 or less that is not adjacent to a county with
71	69		a population of more than two million;
72	70		(iv) has a population of at least 13,000 but
73	71		less than 39,000 and is located in a county that has a population of
74	72		at least 200,000;
75	73		(v) has a population of at least 70,000 but
76	74		less than 90,000 and no part of which is located in a county with a
77	75		population greater than 150,000;
78	76		(vi) is located in a county that:
79	77		(a) is adjacent to the Texas-Mexico
80	78		border;
81	79		(b) has a population of at least
82	80		500,000; and
83	81		(c) does not have a municipality with
84	82		a population greater than 500,000;
85	83		(vii) has a population of at least 25,000
86	84		but not more than 26,000 and is located in a county that has a
87	85		population of 90,000 or less;
88	86		(viii) [(ix)] is located in a county that
89	87		has a population of not more than 300,000 and in which a component
90	88		university of the University of Houston System is located; [or]
91	89		(ix) [(x)] has a population of at least
92	90		40,000 and the San Marcos River flows through the municipality; or
93	91		(x) has a population of more than 67,000 and
94	92		is located in two counties with 90 percent of the municipality's
95	93		territory located in a county with a population of at least 580,000,
96	94		and the remaining territory located in a county with a population of
97	95		at least four million; and
98	96		(C) the sports facilities and fields have been
99	97		used, in the preceding calendar year, a combined total of more than
100	98		10 times for district, state, regional, or national sports
101	99		tournaments;
102	100		(8) for a municipality with a population of at least
103	101		70,000 but less than 90,000, no part of which is located in a county
104	102		with a population greater than 150,000, the construction,
105	103		improvement, enlarging, equipping, repairing, operation, and
106	104		maintenance of a coliseum or multiuse facility;
107	105		(9) signage directing the public to sights and
108	106		attractions that are visited frequently by hotel guests in the
109	107		municipality;
110	108		(10) the construction, improvement, enlarging,
111	109		equipping, repairing, operation, and maintenance of a coliseum or
112	110		multiuse facility, if the municipality:
113	111		(A) has a population of at least 90,000 but less
114	112		than 120,000; and
115	113		(B) is located in two counties, at least one of
116	114		which contains the headwaters of the San Gabriel River; and
117	115		(11) for a municipality with a population of more than
118	116		175,000 but less than 225,000 that is located in two counties, each
119	117		of which has a population of less than 200,000, the construction,
120	118		improvement, enlarging, equipping, repairing, operation, and
121	119		maintenance of a coliseum or multiuse facility and related
122	120		infrastructure or a venue, as defined by Section 334.001(4), Local
123	121		Government Code, that is related to the promotion of tourism.
124	122		SECTION 2. To the extent of any conflict, this Act prevails
125	123		over another Act of the 85th Legislature, Regular Session, 2017,
126	124		relating to nonsubstantive additions to and corrections in enacted
127	125		codes.
128	126		SECTION 3. This Act takes effect immediately if it receives
129	127		a vote of two-thirds of all the members elected to each house, as
130	128		provided by Section 39, Article III, Texas Constitution. If this
131	129		Act does not receive the vote necessary for immediate effect, this
132	130		Act takes effect September 1, 2017.
	131	+	______________________________ ______________________________
	132	+	President of the Senate Speaker of the House
	133	+	I hereby certify that S.B. No. 1365 passed the Senate on
	134	+	April 19, 2017, by the following vote: Yeas 27, Nays 4.
	135	+	______________________________
	136	+	Secretary of the Senate
	137	+	I hereby certify that S.B. No. 1365 passed the House on
	138	+	May 9, 2017, by the following vote: Yeas 138, Nays 7, two present
	139	+	not voting.
	140	+	______________________________
	141	+	Chief Clerk of the House
	142	+	Approved:
	143	+	______________________________
	144	+	Date
	145	+	______________________________
	146	+	Governor