| 1 | 1 | | By: Bell of Montgomery H.B. No. 5321 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the authority of the East Montgomery County Improvement |
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| 7 | 7 | | District to receive certain tax revenue derived from a hotel and |
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| 8 | 8 | | convention center project and to pledge certain tax revenue for the |
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| 9 | 9 | | payment of obligations related to the project. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 3846, Special District Local Laws Code, |
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| 12 | 12 | | is amended by adding Subchapter K to read as follows: |
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| 13 | 13 | | SUBCHAPTER K. HOTEL AND CONVENTION CENTER PROJECTS |
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| 14 | 14 | | Sec. 3846.501. DEFINITIONS. (a) In this subchapter, |
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| 15 | 15 | | "qualified convention center facility," "qualified hotel," and |
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| 16 | 16 | | "qualified project" have the meanings assigned by Section 351.151, |
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| 17 | 17 | | Tax Code. |
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| 18 | 18 | | (b) Notwithstanding Section 351.157(a), Tax Code, for |
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| 19 | 19 | | purposes of a qualified project of the district, "qualified |
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| 20 | 20 | | establishment" means an establishment: |
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| 21 | 21 | | (1) that is: |
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| 22 | 22 | | (A) a restaurant, bar, or retail establishment; |
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| 23 | 23 | | (B) located on land owned by any person; and |
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| 24 | 24 | | (C) constructed on or after the date the district |
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| 25 | 25 | | commences a qualified project under this subchapter; and |
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| 26 | 26 | | (2) the nearest exterior wall of which is located not |
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| 27 | 27 | | more than 1,000 feet from the nearest exterior wall of a qualified |
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| 28 | 28 | | convention center facility or qualified hotel. |
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| 29 | 29 | | Sec. 3846.502. HOTEL AND CONVENTION CENTER PROJECTS. (a) |
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| 30 | 30 | | The board by order may authorize proceeds from the hotel occupancy |
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| 31 | 31 | | tax imposed under Subchapter J of this chapter to be used for a |
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| 32 | 32 | | qualified project under Subchapter C, Chapter 351, Tax Code. The |
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| 33 | 33 | | use authorized by this subsection is in addition to any other use |
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| 34 | 34 | | authorized by law. |
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| 35 | 35 | | (b) If the board adopts an order described by Subsection |
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| 36 | 36 | | (a): |
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| 37 | 37 | | (1) a reference in Subchapter C, Chapter 351, Tax |
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| 38 | 38 | | Code, to a municipality is a reference to the district; and |
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| 39 | 39 | | (2) the district is considered to be a municipality |
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| 40 | 40 | | for purposes of Subchapter C, Chapter 351, Tax Code, with the same |
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| 41 | 41 | | rights, privileges, and responsibilities as a municipality under |
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| 42 | 42 | | that subchapter, including the ability to pledge or commit revenue |
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| 43 | 43 | | under Section 351.155, Tax Code, for bonds or other obligations |
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| 44 | 44 | | issued for a qualified project or contractual obligations for a |
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| 45 | 45 | | qualified project and to receive certain tax revenue under Sections |
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| 46 | 46 | | 351.156 and 351.157, Tax Code. |
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| 47 | 47 | | (c) Notwithstanding any other law, including a provision of |
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| 48 | 48 | | Subchapter C, Chapter 351, Tax Code: |
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| 49 | 49 | | (1) the qualified convention center facility and |
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| 50 | 50 | | qualified hotel associated with a qualified project of the district |
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| 51 | 51 | | may be located on land owned by any person; and |
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| 52 | 52 | | (2) the district may not pledge or commit revenue for |
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| 53 | 53 | | more than one qualified project. |
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| 54 | 54 | | (d) In the event of a conflict between this section and |
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| 55 | 55 | | another provision of this chapter, this section controls. |
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| 56 | 56 | | (e) The comptroller may adopt rules necessary to implement |
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| 57 | 57 | | and administer this section. |
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| 58 | 58 | | SECTION 2. (a) The legal notice of the intention to |
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| 59 | 59 | | introduce this Act, setting forth the general substance of this |
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| 60 | 60 | | Act, has been published as provided by law, and the notice and a |
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| 61 | 61 | | copy of this Act have been furnished to all persons, agencies, |
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| 62 | 62 | | officials, or entities to which they are required to be furnished |
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| 63 | 63 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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| 64 | 64 | | Government Code. |
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| 65 | 65 | | (b) The governor, one of the required recipients, has |
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| 66 | 66 | | submitted the notice and Act to the Texas Commission on |
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| 67 | 67 | | Environmental Quality. |
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| 68 | 68 | | (c) The Texas Commission on Environmental Quality has filed |
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| 69 | 69 | | its recommendations relating to this Act with the governor, |
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| 70 | 70 | | lieutenant governor, and speaker of the house of representatives |
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| 71 | 71 | | within the required time. |
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| 72 | 72 | | (d) All requirements of the constitution and laws of this |
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| 73 | 73 | | state and the rules and procedures of the legislature with respect |
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| 74 | 74 | | to the notice, introduction, and passage of this Act have been |
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| 75 | 75 | | fulfilled and accomplished. |
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| 76 | 76 | | SECTION 3. This Act takes effect immediately if it receives |
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| 77 | 77 | | a vote of two-thirds of all the members elected to each house, as |
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| 78 | 78 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 79 | 79 | | Act does not receive the vote necessary for immediate effect, this |
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| 80 | 80 | | Act takes effect September 1, 2023. |
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