1 | 1 | | 89R10435 JBD-F |
---|
2 | 2 | | By: Troxclair H.B. No. 3118 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | |
---|
6 | 6 | | |
---|
7 | 7 | | A BILL TO BE ENTITLED |
---|
8 | 8 | | AN ACT |
---|
9 | 9 | | relating to the use of municipal hotel occupancy tax revenue in |
---|
10 | 10 | | certain municipalities. |
---|
11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
12 | 12 | | SECTION 1. Section 351.101(a), Tax Code, is amended to read |
---|
13 | 13 | | as follows: |
---|
14 | 14 | | (a) Revenue from the municipal hotel occupancy tax may be |
---|
15 | 15 | | used only to promote tourism and the convention and hotel industry, |
---|
16 | 16 | | and that use is limited to the following: |
---|
17 | 17 | | (1) the acquisition of sites for and the construction, |
---|
18 | 18 | | improvement, enlarging, equipping, repairing, operation, and |
---|
19 | 19 | | maintenance of convention center facilities or visitor information |
---|
20 | 20 | | centers, or both; |
---|
21 | 21 | | (2) the furnishing of facilities, personnel, and |
---|
22 | 22 | | materials for the registration of convention delegates or |
---|
23 | 23 | | registrants; |
---|
24 | 24 | | (3) advertising and conducting solicitations and |
---|
25 | 25 | | promotional programs to attract tourists and convention delegates |
---|
26 | 26 | | or registrants to the municipality or its vicinity; |
---|
27 | 27 | | (4) the encouragement, promotion, improvement, and |
---|
28 | 28 | | application of the arts, including instrumental and vocal music, |
---|
29 | 29 | | dance, drama, folk art, creative writing, architecture, design and |
---|
30 | 30 | | allied fields, painting, sculpture, photography, graphic and craft |
---|
31 | 31 | | arts, motion pictures, radio, television, tape and sound recording, |
---|
32 | 32 | | and other arts related to the presentation, performance, execution, |
---|
33 | 33 | | and exhibition of these major art forms; |
---|
34 | 34 | | (5) historical restoration and preservation projects |
---|
35 | 35 | | or activities or advertising and conducting solicitations and |
---|
36 | 36 | | promotional programs to encourage tourists and convention |
---|
37 | 37 | | delegates to visit preserved historic sites or museums: |
---|
38 | 38 | | (A) at or in the immediate vicinity of convention |
---|
39 | 39 | | center facilities or visitor information centers; or |
---|
40 | 40 | | (B) located elsewhere in the municipality or its |
---|
41 | 41 | | vicinity that would be frequented by tourists and convention |
---|
42 | 42 | | delegates; |
---|
43 | 43 | | (6) expenses, including promotion expenses, directly |
---|
44 | 44 | | related to a sporting event in which the majority of participants |
---|
45 | 45 | | are tourists who substantially increase economic activity at hotels |
---|
46 | 46 | | and motels within the municipality or its vicinity if: |
---|
47 | 47 | | (A) the municipality is located in a county with |
---|
48 | 48 | | a population of one million or less; |
---|
49 | 49 | | (B) the municipality has a population of more |
---|
50 | 50 | | than 67,000 and is located in two counties with 90 percent of the |
---|
51 | 51 | | municipality's territory located in a county with a population of |
---|
52 | 52 | | at least 800,000, and the remaining territory located in a county |
---|
53 | 53 | | with a population of at least four million; [or] |
---|
54 | 54 | | (C) the municipality has a population of at least |
---|
55 | 55 | | 200,000 and shares a border with: |
---|
56 | 56 | | (i) a municipality with a population of at |
---|
57 | 57 | | least 62,000 that: |
---|
58 | 58 | | (a) borders Lake Ray Hubbard; and |
---|
59 | 59 | | (b) is located in two counties, one of |
---|
60 | 60 | | which has a population of less than 110,000; and |
---|
61 | 61 | | (ii) Lake Ray Hubbard; or |
---|
62 | 62 | | (D) the municipality has a population of at least |
---|
63 | 63 | | 19,000 and is wholly located in a county in which the State Capitol |
---|
64 | 64 | | is located; |
---|
65 | 65 | | (7) subject to Section 351.1076, the promotion of |
---|
66 | 66 | | tourism by the enhancement and upgrading of existing sports |
---|
67 | 67 | | facilities or fields if: |
---|
68 | 68 | | (A) the municipality owns the facilities or |
---|
69 | 69 | | fields; |
---|
70 | 70 | | (B) the municipality: |
---|
71 | 71 | | (i) has a population of 80,000 or more and |
---|
72 | 72 | | is located in a county that has a population of 610,000 or less; |
---|
73 | 73 | | (ii) has a population of at least 80,000 but |
---|
74 | 74 | | not more than 125,000 and is located in a county that has a |
---|
75 | 75 | | population of less than 240,000 but more than 233,500; |
---|
76 | 76 | | (iii) has: |
---|
77 | 77 | | (a) a population of at least 10,000 |
---|
78 | 78 | | and is located in a county that has a population of more than 70,000 |
---|
79 | 79 | | and borders Lake Livingston; or |
---|
80 | 80 | | (b) a population of 36,000 or more and |
---|
81 | 81 | | is located in a county with a population of less than 95,000 that |
---|
82 | 82 | | borders Oklahoma; |
---|
83 | 83 | | (iv) has a population of at least 13,000 but |
---|
84 | 84 | | less than 48,000 and is located in a county that has a population of |
---|
85 | 85 | | at least 200,000; |
---|
86 | 86 | | (v) has a population of at least 70,000 but |
---|
87 | 87 | | less than 90,000 and no part of which is located in a county with a |
---|
88 | 88 | | population greater than 150,000; |
---|
89 | 89 | | (vi) is located in a county that: |
---|
90 | 90 | | (a) is adjacent to the Texas-Mexico |
---|
91 | 91 | | border; |
---|
92 | 92 | | (b) has a population of at least |
---|
93 | 93 | | 500,000; and |
---|
94 | 94 | | (c) does not have a municipality with |
---|
95 | 95 | | a population greater than 500,000; |
---|
96 | 96 | | (vii) is located in a county that has a |
---|
97 | 97 | | population of 100,000 or less and the municipality has a population |
---|
98 | 98 | | of: |
---|
99 | 99 | | (a) more than 24,400 and less than |
---|
100 | 100 | | 25,000; or |
---|
101 | 101 | | (b) more than 28,150 and less than |
---|
102 | 102 | | 31,000; |
---|
103 | 103 | | (viii) is located in a county that has a |
---|
104 | 104 | | population of not more than 300,000 and in which a component |
---|
105 | 105 | | university of the University of Houston System is located; |
---|
106 | 106 | | (ix) has a population of at least 40,000 and |
---|
107 | 107 | | the San Marcos River flows through the municipality; |
---|
108 | 108 | | (x) has a population of more than 67,000 and |
---|
109 | 109 | | is located in two counties with 90 percent of the municipality's |
---|
110 | 110 | | territory located in a county with a population of at least 800,000, |
---|
111 | 111 | | and the remaining territory located in a county with a population of |
---|
112 | 112 | | at least four million; |
---|
113 | 113 | | (xi) contains an intersection of |
---|
114 | 114 | | Interstates 35E and 35W and at least two public universities; or |
---|
115 | 115 | | (xii) is described by Subdivision (6)(C); |
---|
116 | 116 | | and |
---|
117 | 117 | | (C) the sports facilities and fields have been |
---|
118 | 118 | | used, in the preceding calendar year, a combined total of more than |
---|
119 | 119 | | 10 times for district, state, regional, or national sports |
---|
120 | 120 | | tournaments; |
---|
121 | 121 | | (8) for a municipality with a population of at least |
---|
122 | 122 | | 70,000 but less than 90,000, no part of which is located in a county |
---|
123 | 123 | | with a population greater than 150,000, the construction, |
---|
124 | 124 | | improvement, enlarging, equipping, repairing, operation, and |
---|
125 | 125 | | maintenance of a coliseum or multiuse facility; |
---|
126 | 126 | | (9) signage directing the public to sights and |
---|
127 | 127 | | attractions that are visited frequently by hotel guests in the |
---|
128 | 128 | | municipality; |
---|
129 | 129 | | (10) the construction, improvement, enlarging, |
---|
130 | 130 | | equipping, repairing, operation, and maintenance of a coliseum or |
---|
131 | 131 | | multiuse facility, if the municipality: |
---|
132 | 132 | | (A) has a population of at least 90,000 but less |
---|
133 | 133 | | than 120,000; and |
---|
134 | 134 | | (B) is located in two counties, at least one of |
---|
135 | 135 | | which contains the headwaters of the San Gabriel River; and |
---|
136 | 136 | | (11) for a municipality with a population of more than |
---|
137 | 137 | | 175,000 but less than 225,000 that is located in two counties, each |
---|
138 | 138 | | of which has a population of less than 200,000, the construction, |
---|
139 | 139 | | improvement, enlarging, equipping, repairing, operation, and |
---|
140 | 140 | | maintenance of a coliseum or multiuse facility and related |
---|
141 | 141 | | infrastructure or a venue, as defined by Section 334.001(4), Local |
---|
142 | 142 | | Government Code, that is related to the promotion of tourism. |
---|
143 | 143 | | SECTION 2. Section 351.1066(a), Tax Code, is amended to |
---|
144 | 144 | | read as follows: |
---|
145 | 145 | | (a) This section applies only to: |
---|
146 | 146 | | (1) a municipality with a population of at least 3,500 |
---|
147 | 147 | | but less than 5,500 that is the county seat of a county with a |
---|
148 | 148 | | population of less than 50,000 that borders a county with a |
---|
149 | 149 | | population of more than 1.6 million; |
---|
150 | 150 | | (2) a municipality with a population of at least 2,800 |
---|
151 | 151 | | but less than 3,500 that is the county seat of a county with a |
---|
152 | 152 | | population of less than 22,000 that is bordered by the Trinity River |
---|
153 | 153 | | and includes a state park and a portion of a wildlife management |
---|
154 | 154 | | area; |
---|
155 | 155 | | (3) a municipality with a population of at least 8,000 |
---|
156 | 156 | | that is located in a county that borders the Pecos River and that |
---|
157 | 157 | | has a population of not more than 15,000; |
---|
158 | 158 | | (4) a municipality with a population of not more than |
---|
159 | 159 | | 15,000 that is located in a county through which the Frio River |
---|
160 | 160 | | flows and an interstate highway crosses, and that has a population |
---|
161 | 161 | | of at least 15,000; |
---|
162 | 162 | | (5) a municipality with a population of not less than |
---|
163 | 163 | | 7,500 that is located in a county with a population of not less than |
---|
164 | 164 | | 40,000 but less than 250,000 that is adjacent to a county with a |
---|
165 | 165 | | population of less than 750; |
---|
166 | 166 | | (6) a municipality that is the county seat of a county |
---|
167 | 167 | | with a population of at least 8,500 and that county contains part of |
---|
168 | 168 | | the Chaparral Wildlife Management Area; [and] |
---|
169 | 169 | | (7) a municipality that has a population of not more |
---|
170 | 170 | | than 25,000, that contains a cultural heritage museum, and that is |
---|
171 | 171 | | located in a county that borders the United Mexican States and the |
---|
172 | 172 | | Gulf of Mexico; and |
---|
173 | 173 | | (8) a municipality that has a population of at least |
---|
174 | 174 | | 19,000 and is wholly located in a county in which the State Capitol |
---|
175 | 175 | | is located. |
---|
176 | 176 | | SECTION 3. This Act takes effect immediately if it receives |
---|
177 | 177 | | a vote of two-thirds of all the members elected to each house, as |
---|
178 | 178 | | provided by Section 39, Article III, Texas Constitution. If this |
---|
179 | 179 | | Act does not receive the vote necessary for immediate effect, this |
---|
180 | 180 | | Act takes effect September 1, 2025. |
---|