Texas 2025 - 89th Regular

Texas House Bill HB3118 Compare Versions

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11 89R10435 JBD-F
22 By: Troxclair H.B. No. 3118
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the use of municipal hotel occupancy tax revenue in
1010 certain municipalities.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 351.101(a), Tax Code, is amended to read
1313 as follows:
1414 (a) Revenue from the municipal hotel occupancy tax may be
1515 used only to promote tourism and the convention and hotel industry,
1616 and that use is limited to the following:
1717 (1) the acquisition of sites for and the construction,
1818 improvement, enlarging, equipping, repairing, operation, and
1919 maintenance of convention center facilities or visitor information
2020 centers, or both;
2121 (2) the furnishing of facilities, personnel, and
2222 materials for the registration of convention delegates or
2323 registrants;
2424 (3) advertising and conducting solicitations and
2525 promotional programs to attract tourists and convention delegates
2626 or registrants to the municipality or its vicinity;
2727 (4) the encouragement, promotion, improvement, and
2828 application of the arts, including instrumental and vocal music,
2929 dance, drama, folk art, creative writing, architecture, design and
3030 allied fields, painting, sculpture, photography, graphic and craft
3131 arts, motion pictures, radio, television, tape and sound recording,
3232 and other arts related to the presentation, performance, execution,
3333 and exhibition of these major art forms;
3434 (5) historical restoration and preservation projects
3535 or activities or advertising and conducting solicitations and
3636 promotional programs to encourage tourists and convention
3737 delegates to visit preserved historic sites or museums:
3838 (A) at or in the immediate vicinity of convention
3939 center facilities or visitor information centers; or
4040 (B) located elsewhere in the municipality or its
4141 vicinity that would be frequented by tourists and convention
4242 delegates;
4343 (6) expenses, including promotion expenses, directly
4444 related to a sporting event in which the majority of participants
4545 are tourists who substantially increase economic activity at hotels
4646 and motels within the municipality or its vicinity if:
4747 (A) the municipality is located in a county with
4848 a population of one million or less;
4949 (B) the municipality has a population of more
5050 than 67,000 and is located in two counties with 90 percent of the
5151 municipality's territory located in a county with a population of
5252 at least 800,000, and the remaining territory located in a county
5353 with a population of at least four million; [or]
5454 (C) the municipality has a population of at least
5555 200,000 and shares a border with:
5656 (i) a municipality with a population of at
5757 least 62,000 that:
5858 (a) borders Lake Ray Hubbard; and
5959 (b) is located in two counties, one of
6060 which has a population of less than 110,000; and
6161 (ii) Lake Ray Hubbard; or
6262 (D) the municipality has a population of at least
6363 19,000 and is wholly located in a county in which the State Capitol
6464 is located;
6565 (7) subject to Section 351.1076, the promotion of
6666 tourism by the enhancement and upgrading of existing sports
6767 facilities or fields if:
6868 (A) the municipality owns the facilities or
6969 fields;
7070 (B) the municipality:
7171 (i) has a population of 80,000 or more and
7272 is located in a county that has a population of 610,000 or less;
7373 (ii) has a population of at least 80,000 but
7474 not more than 125,000 and is located in a county that has a
7575 population of less than 240,000 but more than 233,500;
7676 (iii) has:
7777 (a) a population of at least 10,000
7878 and is located in a county that has a population of more than 70,000
7979 and borders Lake Livingston; or
8080 (b) a population of 36,000 or more and
8181 is located in a county with a population of less than 95,000 that
8282 borders Oklahoma;
8383 (iv) has a population of at least 13,000 but
8484 less than 48,000 and is located in a county that has a population of
8585 at least 200,000;
8686 (v) has a population of at least 70,000 but
8787 less than 90,000 and no part of which is located in a county with a
8888 population greater than 150,000;
8989 (vi) is located in a county that:
9090 (a) is adjacent to the Texas-Mexico
9191 border;
9292 (b) has a population of at least
9393 500,000; and
9494 (c) does not have a municipality with
9595 a population greater than 500,000;
9696 (vii) is located in a county that has a
9797 population of 100,000 or less and the municipality has a population
9898 of:
9999 (a) more than 24,400 and less than
100100 25,000; or
101101 (b) more than 28,150 and less than
102102 31,000;
103103 (viii) is located in a county that has a
104104 population of not more than 300,000 and in which a component
105105 university of the University of Houston System is located;
106106 (ix) has a population of at least 40,000 and
107107 the San Marcos River flows through the municipality;
108108 (x) has a population of more than 67,000 and
109109 is located in two counties with 90 percent of the municipality's
110110 territory located in a county with a population of at least 800,000,
111111 and the remaining territory located in a county with a population of
112112 at least four million;
113113 (xi) contains an intersection of
114114 Interstates 35E and 35W and at least two public universities; or
115115 (xii) is described by Subdivision (6)(C);
116116 and
117117 (C) the sports facilities and fields have been
118118 used, in the preceding calendar year, a combined total of more than
119119 10 times for district, state, regional, or national sports
120120 tournaments;
121121 (8) for a municipality with a population of at least
122122 70,000 but less than 90,000, no part of which is located in a county
123123 with a population greater than 150,000, the construction,
124124 improvement, enlarging, equipping, repairing, operation, and
125125 maintenance of a coliseum or multiuse facility;
126126 (9) signage directing the public to sights and
127127 attractions that are visited frequently by hotel guests in the
128128 municipality;
129129 (10) the construction, improvement, enlarging,
130130 equipping, repairing, operation, and maintenance of a coliseum or
131131 multiuse facility, if the municipality:
132132 (A) has a population of at least 90,000 but less
133133 than 120,000; and
134134 (B) is located in two counties, at least one of
135135 which contains the headwaters of the San Gabriel River; and
136136 (11) for a municipality with a population of more than
137137 175,000 but less than 225,000 that is located in two counties, each
138138 of which has a population of less than 200,000, the construction,
139139 improvement, enlarging, equipping, repairing, operation, and
140140 maintenance of a coliseum or multiuse facility and related
141141 infrastructure or a venue, as defined by Section 334.001(4), Local
142142 Government Code, that is related to the promotion of tourism.
143143 SECTION 2. Section 351.1066(a), Tax Code, is amended to
144144 read as follows:
145145 (a) This section applies only to:
146146 (1) a municipality with a population of at least 3,500
147147 but less than 5,500 that is the county seat of a county with a
148148 population of less than 50,000 that borders a county with a
149149 population of more than 1.6 million;
150150 (2) a municipality with a population of at least 2,800
151151 but less than 3,500 that is the county seat of a county with a
152152 population of less than 22,000 that is bordered by the Trinity River
153153 and includes a state park and a portion of a wildlife management
154154 area;
155155 (3) a municipality with a population of at least 8,000
156156 that is located in a county that borders the Pecos River and that
157157 has a population of not more than 15,000;
158158 (4) a municipality with a population of not more than
159159 15,000 that is located in a county through which the Frio River
160160 flows and an interstate highway crosses, and that has a population
161161 of at least 15,000;
162162 (5) a municipality with a population of not less than
163163 7,500 that is located in a county with a population of not less than
164164 40,000 but less than 250,000 that is adjacent to a county with a
165165 population of less than 750;
166166 (6) a municipality that is the county seat of a county
167167 with a population of at least 8,500 and that county contains part of
168168 the Chaparral Wildlife Management Area; [and]
169169 (7) a municipality that has a population of not more
170170 than 25,000, that contains a cultural heritage museum, and that is
171171 located in a county that borders the United Mexican States and the
172172 Gulf of Mexico; and
173173 (8) a municipality that has a population of at least
174174 19,000 and is wholly located in a county in which the State Capitol
175175 is located.
176176 SECTION 3. This Act takes effect immediately if it receives
177177 a vote of two-thirds of all the members elected to each house, as
178178 provided by Section 39, Article III, Texas Constitution. If this
179179 Act does not receive the vote necessary for immediate effect, this
180180 Act takes effect September 1, 2025.