1 | 1 | | H.B. No. 4660 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the use of municipal hotel occupancy tax revenue in |
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6 | 6 | | certain municipalities. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | SECTION 1. Subchapter B, Chapter 351, Tax Code, is amended |
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9 | 9 | | by adding Section 351.10693 to read as follows: |
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10 | 10 | | Sec. 351.10693. ALLOCATION OF REVENUE: CERTAIN |
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11 | 11 | | MUNICIPALITIES. (a) This section applies only to a municipality: |
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12 | 12 | | (1) with a population of less than 3,000; |
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13 | 13 | | (2) through which the Blanco River flows; and |
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14 | 14 | | (3) that is located in a county that: |
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15 | 15 | | (A) is adjacent to the county in which the State |
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16 | 16 | | Capitol is located; and |
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17 | 17 | | (B) has a population of at least 250,000. |
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18 | 18 | | (b) Notwithstanding any other provision of this chapter, a |
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19 | 19 | | municipality to which this section applies may use revenue from the |
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20 | 20 | | municipal hotel occupancy tax for the promotion and preservation of |
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21 | 21 | | dark skies through construction and maintenance of infrastructure |
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22 | 22 | | and the purchase and installation of hardware that reduces light |
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23 | 23 | | pollution and sky glow. |
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24 | 24 | | (c) Notwithstanding any other provision of this chapter, a |
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25 | 25 | | municipality to which this section applies may use revenue from the |
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26 | 26 | | municipal hotel occupancy tax for promotional and event expenses |
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27 | 27 | | for an ecological tourism event, including an event for which the |
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28 | 28 | | primary attraction is traveling to an area of natural or ecological |
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29 | 29 | | interest for the purpose of observing and learning about wildlife |
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30 | 30 | | and the area's natural environment, if: |
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31 | 31 | | (1) a majority of the event's participants are |
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32 | 32 | | tourists; and |
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33 | 33 | | (2) the event substantially increases economic |
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34 | 34 | | activity at hotels and motels within or in the vicinity of the |
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35 | 35 | | municipality. |
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36 | 36 | | (d) A municipality that uses revenue from the municipal |
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37 | 37 | | hotel occupancy tax for a purpose described by Subsection (b) or |
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38 | 38 | | (c): |
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39 | 39 | | (1) shall determine the amount of area hotel revenue |
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40 | 40 | | attributable to events and activities related to those purposes for |
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41 | 41 | | five years after the date the municipality first uses hotel |
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42 | 42 | | occupancy tax revenue for a purpose described by Subsection (b) or |
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43 | 43 | | (c); and |
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44 | 44 | | (2) may not spend municipal hotel occupancy tax |
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45 | 45 | | revenue for the purposes described by Subsections (b) and (c) in a |
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46 | 46 | | total amount that exceeds the amount determined under Subdivision |
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47 | 47 | | (1). |
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48 | 48 | | (e) A municipality may not spend more than 25 percent of the |
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49 | 49 | | municipality's annual hotel occupancy tax revenue for the purposes |
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50 | 50 | | described by Subsections (b) and (c). |
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51 | 51 | | (f) A municipality to which this section applies may not |
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52 | 52 | | reduce the amount of revenue that the municipality uses for a |
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53 | 53 | | purpose described by Section 351.101(a)(3) to an amount that is |
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54 | 54 | | less than the average amount of revenue used by the municipality for |
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55 | 55 | | that purpose during the 36-month period that precedes the |
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56 | 56 | | municipality's use of revenue under Subsection (b) or (c). |
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57 | 57 | | SECTION 2. This Act takes effect immediately if it receives |
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58 | 58 | | a vote of two-thirds of all the members elected to each house, as |
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59 | 59 | | provided by Section 39, Article III, Texas Constitution. If this |
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60 | 60 | | Act does not receive the vote necessary for immediate effect, this |
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61 | 61 | | Act takes effect September 1, 2023. |
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62 | 62 | | ______________________________ ______________________________ |
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63 | 63 | | President of the Senate Speaker of the House |
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64 | 64 | | I certify that H.B. No. 4660 was passed by the House on May 2, |
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65 | 65 | | 2023, by the following vote: Yeas 116, Nays 28, 3 present, not |
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66 | 66 | | voting. |
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67 | 67 | | ______________________________ |
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68 | 68 | | Chief Clerk of the House |
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69 | 69 | | I certify that H.B. No. 4660 was passed by the Senate on May |
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70 | 70 | | 24, 2023, by the following vote: Yeas 25, Nays 6. |
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71 | 71 | | ______________________________ |
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72 | 72 | | Secretary of the Senate |
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73 | 73 | | APPROVED: _____________________ |
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74 | 74 | | Date |
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75 | 75 | | _____________________ |
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76 | 76 | | Governor |
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