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A BILL TO BE ENTITLED
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AN ACT
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relating to the definition of a convention center facility and to |
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the pledge for bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 351.001, Tax Code, is amended to read as |
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follows: |
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Sec. 351.001. DEFINITIONS. In this chapter: |
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(1) "Municipality" includes any incorporated city, |
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town, or village. |
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(2) "Convention center facilities" or "convention |
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center complex" means facilities that are primarily used to host |
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conventions and meetings. The term means civic centers, civic |
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center buildings, auditoriums, exhibition halls, and coliseums |
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that are owned by the municipality or other governmental entity or |
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that are managed in whole or part by the municipality. In a |
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municipality with a population of 1.5 million or more, "convention |
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center facilities" or "convention center complex" means civic |
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centers, civic center buildings, auditoriums, exhibition halls, |
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and coliseums that are owned by the municipality or other |
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governmental entity or that are managed in part by the |
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municipality, hotels owned by the municipality or a nonprofit |
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municipally sponsored local government corporation created under |
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Chapter 431, Transportation Code, within 1,000 feet of a convention |
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center owned by the municipality, or a historic hotel owned by the |
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municipality or a nonprofit municipally sponsored local government |
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corporation created under Chapter 431, Transportation Code, within |
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one mile of a convention center owned by the municipality. The term |
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includes parking areas or facilities that are for the parking or |
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storage of conveyances and that are located at or in the vicinity of |
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other convention center facilities. The term also includes a hotel |
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owned by or located on land that is owned by an eligible central |
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municipality or by a nonprofit corporation acting on behalf of an |
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eligible central municipality and that is located within 1,000 feet |
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of a convention center facility owned by the municipality. |
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(a) For the purposes of this chapter a hotel within 1000 |
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feet of a Convention Center Facility must have: |
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(i) one room for each two thousand five hundred square |
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feet of usable convention center facility space, less parking areas |
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or facilities that are for the parking and storage of conveyances; |
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and |
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(ii) generate 40% or more of its revenues from nightly |
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lodging accommodations. |
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(3) "Eligible coastal municipality" means a home-rule |
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municipality that borders on the Gulf of Mexico and has a population |
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of less than 80,000. |
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(4) "Hotel" has the meaning assigned by Section |
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156.001. |
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(5) "Tourism" means the guidance or management of |
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tourists. |
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(6) "Tourist" means an individual who travels from the |
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individual's residence to a different municipality, county, state, |
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or country for pleasure, recreation, education, or culture. |
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(7) "Eligible central municipality" means a |
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municipality with a population of more than 140,000 but less than |
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1.5 million that is located in a county with a population of one |
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million or more and that has adopted a capital improvement plan for |
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the expansion of an existing convention center facility. |
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(8) "Visitor information center" or "tourism |
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information center" means a building or a portion of a building used |
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to distribute or disseminate information to tourists. |
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(9) "Revenue" includes any interest derived from the |
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revenue. |
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(10) "Revenue" includes any interest derived from the |
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revenue. |
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(11) "Eligible barrier island coastal municipality" |
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means a municipality: |
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(A) that borders on the Gulf of Mexico; |
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(B) that is located wholly on a barrier island; |
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and |
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(C) the boundaries of which are within 30 miles |
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of the United Mexican States. |
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SECTION 2. Chapter 351.102(b) Tax Code, is amended to read |
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as follows: |
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(b) An eligible central municipality or a municipality with |
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a population of 173,000 or more that is located within two counties |
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may pledge the revenue derived from the tax imposed under this |
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chapter from a hotel project that is owned by or located on land |
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owned by the municipality or, in an eligible central municipality, |
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by a nonprofit corporation acting on behalf of an eligible central |
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municipality, the principal component of which is a hotel providing |
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one room for each two thousand five hundred square feet of usable |
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convention center facility space, less parking areas or facilities |
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that are for the parking or storage of conveyances, that generates |
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40% or more of its revenues from nightly sleeping accommodations;
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and that is located within 1,000 feet of a convention center |
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facility owned by the municipality for the payment of bonds or other |
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obligations issued or incurred to acquire, lease, construct, and |
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equip the hotel and any facilities ancillary to the hotel, |
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including convention center entertainment-related facilities, |
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restaurants, shops, and parking facilities within 1,000 feet of the |
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hotel or convention center facility. For bonds or other |
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obligations issued under this subsection, an eligible central |
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municipality or a municipality with a population of 173,000 or more |
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that is located within two counties may only pledge revenue or other |
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assets of the hotel project benefiting from those bonds or other |
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obligations. |
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(b-1) A municipality with a population of 173,000 or more |
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that is located within two counties and is not an eligible central |
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municipality may not pledge revenue under Subsection (b) in |
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relation to a particular hotel project after the earlier of: |
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(1) the 20th anniversary of the date the municipality |
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first pledged the revenue to the hotel project; or |
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(2) the date the revenue pledged to the hotel project |
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equals 40 percent of the hotel project's total construction cost. |
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SECTION 3. The change in law made by this Act applies only |
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to bonds issued on or after the effective date of this Act. Bonds |
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issued before the effective date of this Act are governed by the law |
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in effect at the time the bonds were issued, and that law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |