By: Villarreal H.B. No. 3508
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the definition of a convention center facility and to
  the pledge for bonds.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 351.001, Tax Code, is amended to read as
  follows:
         Sec. 351.001.  DEFINITIONS. In this chapter:
               (1)  "Municipality" includes any incorporated city,
  town, or village.
               (2)  "Convention center facilities" or "convention
  center complex" means facilities that are primarily used to host
  conventions and meetings. The term means civic centers, civic
  center buildings, auditoriums, exhibition halls, and coliseums
  that are owned by the municipality or other governmental entity or
  that are managed in whole or part by the municipality. In a
  municipality with a population of 1.5 million or more, "convention
  center facilities" or "convention center complex" means civic
  centers, civic center buildings, auditoriums, exhibition halls,
  and coliseums that are owned by the municipality or other
  governmental entity or that are managed in part by the
  municipality, hotels owned by the municipality or a nonprofit
  municipally sponsored local government corporation created under
  Chapter 431, Transportation Code, within 1,000 feet of a convention
  center owned by the municipality, or a historic hotel owned by the
  municipality or a nonprofit municipally sponsored local government
  corporation created under Chapter 431, Transportation Code, within
  one mile of a convention center owned by the municipality. The term
  includes parking areas or facilities that are for the parking or
  storage of conveyances and that are located at or in the vicinity of
  other convention center facilities. The term also includes a hotel
  owned by or located on land that is owned by an eligible central
  municipality or by a nonprofit corporation acting on behalf of an
  eligible central municipality and that is located within 1,000 feet
  of a convention center facility owned by the municipality.
         (a)  For the purposes of this chapter a hotel within 1000
  feet of a Convention Center Facility must have:
               (i)  one room for each two thousand five hundred square
  feet of usable convention center facility space, less parking areas
  or facilities that are for the parking and storage of conveyances;
  and
               (ii)  generate 40% or more of its revenues from nightly
  lodging accommodations.
               (3)  "Eligible coastal municipality" means a home-rule
  municipality that borders on the Gulf of Mexico and has a population
  of less than 80,000.
               (4)  "Hotel" has the meaning assigned by Section
  156.001.
               (5)  "Tourism" means the guidance or management of
  tourists.
               (6)  "Tourist" means an individual who travels from the
  individual's residence to a different municipality, county, state,
  or country for pleasure, recreation, education, or culture.
               (7)  "Eligible central municipality" means a
  municipality with a population of more than 140,000 but less than
  1.5 million that is located in a county with a population of one
  million or more and that has adopted a capital improvement plan for
  the expansion of an existing convention center facility.
               (8)  "Visitor information center" or "tourism
  information center" means a building or a portion of a building used
  to distribute or disseminate information to tourists.
               (9)  "Revenue" includes any interest derived from the
  revenue.
               (10)  "Revenue" includes any interest derived from the
  revenue.
               (11)  "Eligible barrier island coastal municipality"
  means a municipality:
                     (A)  that borders on the Gulf of Mexico;
                     (B)  that is located wholly on a barrier island;
  and
                     (C)  the boundaries of which are within 30 miles
  of the United Mexican States.
         SECTION 2.  Chapter 351.102(b) Tax Code, is amended to read
  as follows:
         (b)  An eligible central municipality or a municipality with
  a population of 173,000 or more that is located within two counties
  may pledge the revenue derived from the tax imposed under this
  chapter from a hotel project that is owned by or located on land
  owned by the municipality or, in an eligible central municipality,
  by a nonprofit corporation acting on behalf of an eligible central
  municipality, the principal component of which is a hotel providing
  one room for each two thousand five hundred square feet of usable
  convention center facility space, less parking areas or facilities
  that are for the parking or storage of conveyances, that generates
  40% or more of its revenues from nightly sleeping accommodations;
  and that is located within 1,000 feet of a convention center
  facility owned by the municipality for the payment of bonds or other
  obligations issued or incurred to acquire, lease, construct, and
  equip the hotel and any facilities ancillary to the hotel,
  including convention center entertainment-related facilities,
  restaurants, shops, and parking facilities within 1,000 feet of the
  hotel or convention center facility.  For bonds or other
  obligations issued under this subsection, an eligible central
  municipality or a municipality with a population of 173,000 or more
  that is located within two counties may only pledge revenue or other
  assets of the hotel project benefiting from those bonds or other
  obligations.
         (b-1)  A municipality with a population of 173,000 or more
  that is located within two counties and is not an eligible central
  municipality may not pledge revenue under Subsection (b) in
  relation to a particular hotel project after the earlier of:
               (1)  the 20th anniversary of the date the municipality
  first pledged the revenue to the hotel project; or
               (2)  the date the revenue pledged to the hotel project
  equals 40 percent of the hotel project's total construction cost.
         SECTION 3.  The change in law made by this Act applies only
  to bonds issued on or after the effective date of this Act. Bonds
  issued before the effective date of this Act are governed by the law
  in effect at the time the bonds were issued, and that law is
  continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2011.