TX
Texas House Bill HB2665

Texas 2019 - 86th Regular

Texas House Bill HB2665 Compare Versions

OldNewDifferences
1-86R28137 GRM-F
21 By: Flynn H.B. No. 2665
3- Substitute the following for H.B. No. 2665:
4- By: Blanco C.S.H.B. No. 2665
52
63
74 A BILL TO BE ENTITLED
85 AN ACT
9- relating to the authority of certain municipalities to receive
10- certain tax revenue or pledge that revenue for the payment of
11- obligations related to projects involving hotels.
6+ relating to the authority of certain municipalities to undertake a
7+ qualified hotel project.
128 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13- SECTION 1. Section 351.102(e), Tax Code, is amended to read
14- as follows:
15- (e) In addition to the municipalities described by
16- Subsection (b), that subsection also applies to:
17- (1) a municipality with a population of at least
18- 110,000 but not more than 135,000 at least part of which is located
19- in a county with a population of not more than 135,000;
20- (2) a municipality with a population of at least 9,000
21- but not more than 10,000 that is located in two counties, each of
22- which has a population of at least 662,000 and a southern border
23- with a county with a population of 2.3 million or more;
24- (3) a municipality with a population of at least
25- 200,000 but not more than 300,000 that contains a component
26- institution of the Texas Tech University System;
27- (4) a municipality with a population of at least
28- 95,000 that borders Lake Lewisville;
29- (5) a municipality that:
30- (A) contains a portion of Cedar Hill State Park;
31- (B) has a population of more than 45,000;
32- (C) is located in two counties, one of which has a
33- population of more than two million and one of which has a
34- population of more than 149,000; and
35- (D) has adopted a capital improvement plan for
36- the construction or expansion of a convention center facility;
37- (6) a municipality with a population of less than
38- 6,000 that:
39- (A) is located in two counties each with a
40- population of 600,000 or more that are both adjacent to a county
41- with a population of two million or more;
42- (B) has full-time police and fire departments;
43- and
44- (C) has adopted a capital improvement plan for
45- the construction or expansion of a convention center facility;
46- (7) a municipality with a population of at least
47- 56,000 that:
48- (A) borders Lake Ray Hubbard; and
49- (B) is located in two counties, one of which has a
50- population of less than 80,000;
51- (8) a municipality with a population of more than
52- 83,000, that borders Clear Lake, and that is primarily located in a
53- county with a population of less than 300,000;
54- (9) a municipality with a population of less than
55- 2,000 that:
56- (A) is located adjacent to a bay connected to the
57- Gulf of Mexico;
58- (B) is located in a county with a population of
59- 290,000 or more that is adjacent to a county with a population of
60- four million or more; and
61- (C) has a boardwalk on the bay;
62- (10) a municipality with a population of 75,000 or
63- more that:
64- (A) is located wholly in one county with a
65- population of 575,000 or more that is adjacent to a county with a
66- population of four million or more; and
67- (B) has adopted a capital improvement plan for
68- the construction or expansion of a convention center facility;
69- (11) a municipality with a population of less than
70- 75,000 that is located in three counties, at least one of which has
71- a population of at least four million; [and]
72- (12) an eligible coastal municipality with a
73- population of more than 3,000 but less than 5,000;
74- (13) a municipality with a population of less than
75- 10,000 that:
76- (A) contains a component university of The Texas
77- A&M University System; and
78- (B) is located in a county adjacent to a county
79- that borders Oklahoma;
80- (14) a municipality with a population of 13,000 or
81- more that:
82- (A) is located on an international border; and
83- (B) is located in a county:
84- (i) with a population of less than 400,000;
85- and
86- (ii) in which is located at least one World
87- Birding Center site;
88- (15) a municipality with a population of 4,000 or more
89- that:
90- (A) is located on an international border; and
91- (B) is located not more than five miles from a
92- state historic site that serves as a visitor center for a state park
93- that contains 300,000 or more acres of land;
94- (16) a municipality with a population of 90,000 or
95- more but less than 150,000 that:
96- (A) is located in three counties; and
97- (B) contains a branch campus of a component
98- institution of the University of Houston System;
99- (17) a municipality that is:
100- (A) primarily located in a county with a
101- population of four million or more; and
102- (B) connected by a bridge to a municipality
103- described by Subdivision (9);
104- (18) a municipality with a population of 20,000 or
105- more but less than 25,000 that:
106- (A) contains a portion of Mustang Bayou; and
107- (B) is wholly located in a county with a
108- population of less than 500,000;
109- (19) a municipality with a population of 70,000 or
110- more but less than 85,000 that is located in two counties, one of
111- which has a population of four million or more and the other of
112- which has a population of less than 50,000;
113- (20) a municipality with a population of 10,000 or
114- more that:
115- (A) is wholly located in a county with a
116- population of four million or more; and
117- (B) has a city hall located less than three miles
118- from a space center operated by an agency of the federal government;
119- (21) a municipality that is the county seat of a
120- county:
121- (A) through which the Pedernales River flows; and
122- (B) in which the birthplace of a president of the
123- United States is located;
124- (22) a municipality that contains a portion of U.S.
125- Highway 79 and State Highway 130;
126- (23) a municipality with a population of 48,000 or
127- more but less than 95,000 that is located in two counties, one of
128- which has a population of 900,000 or more but less than 1.7 million;
129- (24) a municipality with a population of less than
130- 25,000 that contains a museum of western American art;
131- (25) a municipality with a population of 50,000 or
132- more that is the county seat of a county that contains a portion of
133- the Sam Houston National Forest;
134- (26) a municipality with a population of less than
135- 25,000 that:
136- (A) contains a cultural heritage museum; and
137- (B) is located in a county that borders the
138- United Mexican States and the Gulf of Mexico;
139- (27) a municipality that is the county seat of a county
140- that:
141- (A) has a population of 115,000 or more;
142- (B) is adjacent to a county with a population of
143- 1.8 million or more; and
144- (C) hosts an annual peach festival;
145- (28) a municipality that is the county seat of a county
146- that:
147- (A) has a population of 585,000 or more; and
148- (B) is adjacent to a county with a population of
149- four million or more; and
150- (29) a municipality with a population of less than
151- 6,100 that:
152- (A) is located in two counties, each of which has
153- a population of 600,000 or more but less than two million; and
154- (B) hosts an annual Cajun Festival.
155- SECTION 2. Subchapter B, Chapter 351, Tax Code, is amended
156- by adding Section 351.1021 to read as follows:
157- Sec. 351.1021. PLEDGE FOR BONDS BY CERTAIN MUNICIPALITIES.
158- (a) In this section:
159- (1) "Eligible municipality" means a municipality
160- described by Section 351.102(e)(9).
161- (2) "Multipurpose convention center facility" means a
162- facility that has been or will be constructed and that:
163- (A) is used to host conventions, meetings, live
164- performances, and sporting events;
165- (B) is:
166- (i) leased by an eligible municipality; or
167- (ii) wholly owned by an eligible
168- municipality, and none of which is or may be owned through an
169- undivided common interest;
170- (C) is not located in a hotel or other structure;
171- (D) has at least 10,000 square feet of continuous
172- and usable meeting space; and
173- (E) is configurable to simultaneously
174- accommodate multiple events described by Paragraph (A) of different
175- sizes and types.
176- (3) "Multipurpose convention center facility project"
177- means a project that consists of a hotel owned by an eligible
178- municipality or another person and a multipurpose convention center
179- facility to be acquired, constructed, equipped, or leased by the
180- municipality, the nearest exterior wall of which is located not
181- more than 2,500 feet from the nearest exterior wall of the hotel. A
182- multipurpose convention center facility project may include:
183- (A) each new or existing business located in the
184- municipality, regardless of who owns the business or the property
185- on which the business is located, the nearest exterior wall of which
186- is located not more than 2,500 feet from the nearest exterior wall
187- of the multipurpose convention center facility or the hotel that is
188- part of the project; and
189- (B) any parking area or structure located in the
190- municipality, regardless of who owns the area or structure or the
191- property on which the area or structure is located, the nearest
192- property line of which is located not more than two miles from the
193- nearest exterior wall of the multipurpose convention center
194- facility.
195- (b) An eligible municipality or local government
196- corporation acting on behalf of an eligible municipality is
197- entitled to receive all funds from a multipurpose convention center
198- facility project that the owner of a project could receive under
199- Section 151.429(h) of this code or Section 2303.5055, Government
200- Code, if a project for purposes of those provisions included a
201- multipurpose convention center facility project.
202- (c) An eligible municipality may pledge the funds to which
203- the municipality is entitled as provided by Subsection (b) for the
204- payment of bonds or other obligations issued or incurred to
205- acquire, lease, construct, or equip the multipurpose convention
206- center facility project.
207- (d) The comptroller shall deposit the funds to which an
208- eligible municipality is entitled as provided by Subsection (b) in
209- a separate suspense account of the municipality outside the state
210- treasury.
211- (e) The comptroller may make a rebate, refund, or payment
212- authorized under this section without the necessity of an
213- appropriation. The comptroller shall rebate, refund, or pay to the
214- eligible municipality the funds to which the municipality is
215- entitled as provided by Subsection (b) at least quarterly.
216- SECTION 3. Subchapter B, Chapter 351, Tax Code, is amended
217- by adding Section 351.1022 to read as follows:
218- Sec. 351.1022. PLEDGE FOR BONDS BY CERTAIN MUNICIPALITIES
219- WITH SPORTS STADIUMS. (a) This section applies only to a
220- municipality with a population of 350,000 or more but less than
221- 450,000 in which two professional sports stadiums are located, each
222- of which:
223- (A) has a seating capacity of at least 40,000
224- people; and
225- (B) was approved by the voters of the
226- municipality as a sports and community venue project under Chapter
227- 334, Local Government Code.
228- (b) A municipality to which this section applies is entitled
229- to receive all funds from a hotel project described by Section
230- 351.102(b) that an owner of a project may receive under Section
231- 151.429(h) of this code or Section 2303.5055, Government Code, and
232- all tax revenue collected under Chapter 183 by or from all
233- permittees at the hotel project, excluding revenue disbursed by the
234- comptroller under Section 183.051(b).
235- (c) The municipality may pledge the funds to which the
236- municipality is entitled as provided by Subsection (b) for the
237- payment of bonds or other obligations issued or incurred to
238- acquire, lease, construct, improve, enlarge, and equip the hotel
239- project.
240- (d) Notwithstanding any other law, the municipality is
241- entitled to receive the funds for a period of 30 years beginning on
242- the date the hotel project is open for initial occupancy.
243- (e) The comptroller shall deposit the funds to which the
244- municipality is entitled as provided by Subsection (b) in a
245- separate suspense account of the municipality outside the state
246- treasury.
247- (f) The comptroller may make a rebate, refund, or payment
248- authorized under this section without the necessity of an
249- appropriation. The comptroller shall rebate, refund, or pay to the
250- municipality the funds to which the municipality is entitled as
251- provided by Subsection (b) at least monthly.
252- SECTION 4. Section 351.102(g), Tax Code, is repealed.
253- SECTION 5. This Act takes effect immediately if it receives
9+ SECTION 1. Section 2303.003(8), Government Code, is amended
10+ to read as follows:
11+ (8) "Qualified hotel project" means:
12+ (A) a hotel proposed to be constructed by a
13+ municipality or a nonprofit municipally sponsored local government
14+ corporation created under the Texas Transportation Corporation
15+ Act, Chapter 431, Transportation Code, that is within 1,000 feet of
16+ a convention center owned by a municipality having a population of
17+ 1,500,000 or more, including shops, parking facilities, and any
18+ other facilities ancillary to the hotel; [and]
19+ (B) a hotel proposed to be constructed,
20+ remodeled, or rehabilitated by a municipality or a nonprofit
21+ municipally sponsored local government corporation created under
22+ the Texas Transportation Corporation Act, Chapter 431,
23+ Transportation Code, that is within 3,000 feet of the property line
24+ of a convention center owned by a municipality having a population
25+ of more than 500,000 and that borders the United Mexican States; and
26+ (C) a hotel, including a privately owned hotel
27+ adjoining a convention center owned by a political subdivision of
28+ this state, proposed to be constructed by or in conjunction with a
29+ municipality having a population of more than 8,000 that is home to
30+ a four-year university, not a county seat, and located within 50
31+ miles of this state's border with Oklahoma, or by a nonprofit
32+ municipally sponsored local government corporation created under
33+ the Texas Transportation Corporation Act, Chapter 431,
34+ Transportation Code, by that municipality, including shops,
35+ parking facilities, and any other facilities ancillary to the
36+ hotel.
37+ SECTION 2. This Act takes effect immediately if it receives
25438 a vote of two-thirds of all the members elected to each house, as
25539 provided by Section 39, Article III, Texas Constitution. If this
25640 Act does not receive the vote necessary for immediate effect, this
25741 Act takes effect September 1, 2019.