1 | 1 | | 89R4016 PRL-D |
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2 | 2 | | By: Tepper H.B. No. 3259 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the ability of certain municipalities and counties to |
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10 | 10 | | elect not to participate in certain event reimbursement programs |
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11 | 11 | | and to the allocation of a portion of the state hotel occupancy tax |
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12 | 12 | | revenue collected in those municipalities and counties. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Chapter 475, Government Code, is amended by |
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15 | 15 | | adding Subchapter F to read as follows: |
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16 | 16 | | SUBCHAPTER F. OPTION FOR CERTAIN MUNICIPALITIES AND COUNTIES TO |
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17 | 17 | | ELECT NOT TO PARTICIPATE IN CERTAIN EVENT REIMBURSEMENT PROGRAMS |
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18 | 18 | | Sec. 475.0251. OPTION FOR CERTAIN MUNICIPALITIES AND |
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19 | 19 | | COUNTIES TO ELECT NOT TO PARTICIPATE IN CERTAIN EVENT REIMBURSEMENT |
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20 | 20 | | PROGRAMS. (a) A municipality or county with a population of |
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21 | 21 | | 400,000 or less may elect not to participate in the major events |
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22 | 22 | | reimbursement program under Chapter 478 and the events trust fund |
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23 | 23 | | under Chapter 480. |
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24 | 24 | | (b) A municipality or county that makes the election |
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25 | 25 | | authorized under this section is eligible to receive an allocation |
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26 | 26 | | of state hotel occupancy tax revenue collected in the municipality |
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27 | 27 | | or county as provided by Section 156.2514, Tax Code. |
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28 | 28 | | (c) For a period of four state fiscal years beginning |
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29 | 29 | | September 1, 2027, and for each period of four state fiscal years |
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30 | 30 | | that occurs after that period ends, a municipality or county may |
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31 | 31 | | make the election authorized under this section by providing |
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32 | 32 | | written notice of the election to the office of the governor. |
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33 | 33 | | (d) A municipality or county that makes the election |
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34 | 34 | | authorized under this section may not participate as an endorsing |
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35 | 35 | | municipality or endorsing county under Chapter 478, and is |
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36 | 36 | | ineligible for receipt of a disbursement from a fund established |
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37 | 37 | | under Chapter 480, during the four-year period for which the |
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38 | 38 | | municipality or county submits the notice required by Subsection |
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39 | 39 | | (c). |
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40 | 40 | | (e) A municipality or county that made the election |
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41 | 41 | | authorized under this section and that wishes to resume |
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42 | 42 | | participation in the major events reimbursement program and the |
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43 | 43 | | events trust fund after the expiration of the most recent four-year |
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44 | 44 | | period for which the municipality or county submitted the notice |
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45 | 45 | | required by Subsection (c) may revoke the election by providing |
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46 | 46 | | notice of the revocation to the office of the governor before the |
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47 | 47 | | earlier of: |
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48 | 48 | | (1) September 1 of the first year of the four-year |
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49 | 49 | | period beginning after the end of the most recent four-year period |
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50 | 50 | | for which the municipality or county submitted the notice required |
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51 | 51 | | by Subsection (c); or |
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52 | 52 | | (2) the date that is four months before the date an |
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53 | 53 | | eligible event under Section 478.0051 or Section 480.0051 will be |
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54 | 54 | | held in the municipality or county. |
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55 | 55 | | (f) A municipality or county that revokes an election |
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56 | 56 | | authorized under this section in the manner required by Subsection |
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57 | 57 | | (e) is eligible to resume participation in the major events |
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58 | 58 | | reimbursement program and the events trust fund on September 1 of |
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59 | 59 | | the first year beginning after the end of the most recent four-year |
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60 | 60 | | period for which the municipality or county submitted the notice |
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61 | 61 | | required by Subsection (c). |
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62 | 62 | | SECTION 2. Section 478.0051, Government Code, is amended by |
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63 | 63 | | adding Subsection (d) to read as follows: |
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64 | 64 | | (d) Notwithstanding Subsection (b), an event listed in |
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65 | 65 | | Section 478.0001(3) may not receive funding through the program if |
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66 | 66 | | the event is held at a site in: |
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67 | 67 | | (1) a municipality that makes the election authorized |
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68 | 68 | | under Section 475.0251; or |
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69 | 69 | | (2) a county that makes the election authorized under |
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70 | 70 | | Section 475.0251, unless the event is held in a municipality that |
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71 | 71 | | does not make the election authorized under that section. |
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72 | 72 | | SECTION 3. Section 480.0051, Government Code, is amended to |
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73 | 73 | | read as follows: |
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74 | 74 | | Sec. 480.0051. EVENTS ELIGIBLE FOR FUNDING. (a) An event |
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75 | 75 | | is eligible for funding under this chapter only if: |
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76 | 76 | | (1) a site selection organization, after considering |
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77 | 77 | | through a highly competitive selection process one or more sites |
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78 | 78 | | not in this state, selects a site in this state for the event to be |
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79 | 79 | | held: |
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80 | 80 | | (A) one time; or |
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81 | 81 | | (B) if the event is scheduled under an event |
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82 | 82 | | contract or event support contract to be held each year for a period |
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83 | 83 | | of years, one time in each year; |
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84 | 84 | | (2) a site selection organization selects a site in |
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85 | 85 | | this state as: |
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86 | 86 | | (A) the sole site for the event; or |
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87 | 87 | | (B) the sole site for the event in a region |
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88 | 88 | | composed of this state and one or more adjoining states; and |
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89 | 89 | | (3) the event is held not more than one time in any |
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90 | 90 | | year in this state or an adjoining state. |
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91 | 91 | | (b) Notwithstanding Subsection (a), an event is ineligible |
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92 | 92 | | for funding under this chapter if the event is held at a site in: |
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93 | 93 | | (1) a municipality that makes the election authorized |
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94 | 94 | | under Section 475.0251; or |
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95 | 95 | | (2) a county that makes the election authorized under |
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96 | 96 | | Section 475.0251, unless the event is held in a municipality that |
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97 | 97 | | does not make the election authorized under that section. |
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98 | 98 | | SECTION 4. Section 480.00515, Government Code, is amended |
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99 | 99 | | to read as follows: |
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100 | 100 | | Sec. 480.00515. SINGLE YEAR CLASSIFICATION FOR ELIGIBILITY |
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101 | 101 | | PURPOSES FOR CERTAIN SPORTING EVENTS. For purposes of Sections |
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102 | 102 | | 480.0051(a)(1) [480.0051(1)] and (3), a sporting event is |
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103 | 103 | | considered to be held one time in each year if the event is held only |
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104 | 104 | | one time in any annual season for that sport. |
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105 | 105 | | SECTION 5. Subchapter F, Chapter 156, Tax Code, is amended |
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106 | 106 | | by adding Section 156.2514 to read as follows: |
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107 | 107 | | Sec. 156.2514. ALLOCATION OF REVENUE TO CERTAIN |
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108 | 108 | | MUNICIPALITIES AND COUNTIES. (a) In this section: |
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109 | 109 | | (1) "Eligible county" means a county that makes the |
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110 | 110 | | election described by Section 475.0251, Government Code. |
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111 | 111 | | (2) "Eligible municipality" means a municipality that |
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112 | 112 | | makes the election described by Section 475.0251, Government Code. |
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113 | 113 | | (b) For the public purpose of economic development in rural |
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114 | 114 | | areas of this state, not later than the last day of the month |
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115 | 115 | | following a calendar quarter during which a municipality or county |
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116 | 116 | | is an eligible municipality or county, the municipality or county |
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117 | 117 | | is entitled to receive an allocation of a portion of the revenue |
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118 | 118 | | derived from the tax imposed under this chapter and collected from |
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119 | 119 | | hotels in the municipality or county, as applicable, in the manner |
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120 | 120 | | provided by this section. |
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121 | 121 | | (c) This subsection applies to an eligible municipality |
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122 | 122 | | located in a county that is not an eligible county. The amount of |
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123 | 123 | | the allocation an eligible municipality to which this subsection |
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124 | 124 | | applies is entitled to receive is equal to the amount of revenue |
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125 | 125 | | derived from the collection of the tax imposed under this chapter at |
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126 | 126 | | a rate of four percent and received from hotels located in the |
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127 | 127 | | eligible municipality. |
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128 | 128 | | (d) This subsection applies to an eligible municipality |
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129 | 129 | | located in a county that is an eligible county. The amount of the |
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130 | 130 | | allocation an eligible municipality to which this subsection |
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131 | 131 | | applies is entitled to receive is equal to 50 percent of the amount |
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132 | 132 | | of revenue derived from the collection of the tax imposed under this |
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133 | 133 | | chapter at a rate of four percent and received from hotels located |
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134 | 134 | | in the eligible municipality. |
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135 | 135 | | (e) This subsection applies to an eligible county in which |
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136 | 136 | | only municipalities that are not eligible municipalities are |
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137 | 137 | | located. The amount of the allocation an eligible county to which |
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138 | 138 | | this subsection applies is entitled to receive is equal to the |
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139 | 139 | | amount of revenue derived from the collection of the tax imposed |
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140 | 140 | | under this chapter at a rate of four percent and received from all |
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141 | 141 | | hotels located in the eligible county that are not located in a |
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142 | 142 | | municipality. |
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143 | 143 | | (f) This subsection applies to an eligible county in which |
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144 | 144 | | only municipalities that are eligible municipalities are located. |
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145 | 145 | | An eligible county to which this subsection applies is entitled to |
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146 | 146 | | receive an allocation equal to the sum of: |
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147 | 147 | | (1) 50 percent of the amount of revenue derived from |
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148 | 148 | | the collection of the tax imposed under this chapter at a rate of |
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149 | 149 | | four percent and received from hotels located in each eligible |
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150 | 150 | | municipality located in the eligible county; and |
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151 | 151 | | (2) the amount of revenue derived from the collection |
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152 | 152 | | of the tax imposed under this chapter at a rate of four percent and |
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153 | 153 | | received from hotels located in the eligible county that are not |
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154 | 154 | | located in an eligible municipality. |
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155 | 155 | | (g) This subsection applies to an eligible county in which |
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156 | 156 | | both eligible municipalities and municipalities that are not |
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157 | 157 | | eligible municipalities are located. An eligible county to which |
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158 | 158 | | this subsection applies is entitled to receive an allocation equal |
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159 | 159 | | to the sum of: |
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160 | 160 | | (1) 50 percent of the amount of revenue derived from |
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161 | 161 | | the collection of the tax imposed under this chapter at a rate of |
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162 | 162 | | four percent and received from hotels located in each eligible |
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163 | 163 | | municipality located in the eligible county; and |
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164 | 164 | | (2) the amount of revenue derived from the collection |
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165 | 165 | | of the tax imposed under this chapter at a rate of four percent and |
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166 | 166 | | received from hotels located in the eligible county that are not |
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167 | 167 | | located in a municipality. |
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168 | 168 | | (h) As soon as practicable after determining the amount to |
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169 | 169 | | which an eligible municipality or eligible county is entitled under |
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170 | 170 | | this section, the comptroller shall issue to the municipality or |
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171 | 171 | | county a warrant drawn on the general revenue fund for that amount. |
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172 | 172 | | (i) Money received under this section may be used: |
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173 | 173 | | (1) by an eligible municipality only in the manner |
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174 | 174 | | prescribed by Subchapter B, Chapter 351; and |
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175 | 175 | | (2) by an eligible county only in the manner |
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176 | 176 | | prescribed by Subchapter B, Chapter 352. |
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177 | 177 | | SECTION 6. This Act takes effect September 1, 2025. |
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