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AN ACT
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relating to the use by certain municipalities of hotel occupancy |
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tax revenue for the construction of a recreational venue near |
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hotels. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 351.101(a), Tax Code, is amended to read |
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as follows: |
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(a) Revenue from the municipal hotel occupancy tax may be |
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used only to promote tourism and the convention and hotel industry, |
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and that use is limited to the following: |
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(1) the acquisition of sites for and the construction, |
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improvement, enlarging, equipping, repairing, operation, and |
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maintenance of convention center facilities or visitor information |
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centers, or both; |
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(2) the furnishing of facilities, personnel, and |
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materials for the registration of convention delegates or |
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registrants; |
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(3) advertising and conducting solicitations and |
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promotional programs to attract tourists and convention delegates |
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or registrants to the municipality or its vicinity; |
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(4) the encouragement, promotion, improvement, and |
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application of the arts, including instrumental and vocal music, |
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dance, drama, folk art, creative writing, architecture, design and |
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allied fields, painting, sculpture, photography, graphic and craft |
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arts, motion pictures, radio, television, tape and sound recording, |
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and other arts related to the presentation, performance, execution, |
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and exhibition of these major art forms; |
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(5) historical restoration and preservation projects |
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or activities or advertising and conducting solicitations and |
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promotional programs to encourage tourists and convention |
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delegates to visit preserved historic sites or museums: |
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(A) at or in the immediate vicinity of convention |
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center facilities or visitor information centers; or |
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(B) located elsewhere in the municipality or its |
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vicinity that would be frequented by tourists and convention |
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delegates; |
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(6) for a municipality located in a county with a |
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population of one million or less, expenses, including promotion |
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expenses, directly related to a sporting event in which the |
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majority of participants are tourists who substantially increase |
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economic activity at hotels and motels within the municipality or |
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its vicinity; [and] |
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(7) subject to Section 351.1076, the promotion of |
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tourism by the enhancement and upgrading of existing sports |
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facilities or fields, including facilities or fields for baseball, |
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softball, soccer, and flag football, if: |
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(A) the municipality owns the facilities or |
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fields; |
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(B) the municipality: |
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(i) has a population of 80,000 or more and |
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is located in a county that has a population of 350,000 or less; |
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(ii) has a population of at least 65,000 but |
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not more than 70,000 and is located in a county that has a |
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population of 155,000 or less; or |
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(iii) has a population of at least 34,000 |
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but not more than 36,000 and is located in a county that has a |
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population of 90,000 or less; and |
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(C) the sports facilities and fields have been |
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used, in the preceding calendar year, a combined total of more than |
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10 times for district, state, regional, or national sports |
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tournaments; and |
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(8) the construction of a recreational venue in the |
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immediate vicinity of area hotels, if: |
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(A) the municipality: |
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(i) is a general-law municipality; |
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(ii) has a population of not more than 900; |
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and |
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(iii) does not impose an ad valorem tax; |
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(B) not more than $100,000 of municipal hotel |
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occupancy tax revenue is used for the construction of the |
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recreational venue; |
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(C) a majority of the hotels in the municipality |
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request the municipality to construct the recreational venue; |
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(D) the recreational venue will be used primarily |
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by hotel guests; and |
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(E) the municipality will pay for maintenance of |
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the recreational venue from the municipality's general fund. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3098 was passed by the House on May 5, |
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2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3098 was passed by the Senate on May |
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26, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |