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AN ACT
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relating to the powers and duties of certain public improvement |
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districts operated by counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 382.002, Local Government Code, is |
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amended to read as follows: |
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Sec. 382.002. APPLICABILITY. This chapter applies only to: |
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(1) a county with a population of 1.5 million |
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[825,000] or more, other than a county that: |
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(A) borders on the Gulf of Mexico or a bay or |
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inlet of the gulf; or |
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(B) has two municipalities located wholly or |
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partly in its boundaries each having a population of 225,000 |
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[300,000] or more; or |
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(2) a county with a population of 70,000 or more that |
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is adjacent to a county described by Subdivision (1) in which a |
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municipality with a population of 35,000 or more is primarily |
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situated and includes all or a part of the extraterritorial |
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jurisdiction of a municipality with a population of 1.1 million or |
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more. |
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SECTION 2. Subchapter C, Chapter 382, Local Government |
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Code, is amended by adding Section 382.113 to read as follows: |
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Sec. 382.113. ANNEXATION OR EXCLUSION OF LAND. (a) This |
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section applies only to a district created in a county described by |
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Section 382.002(1). |
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(b) A district may annex or exclude land from the district |
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as provided by Subchapter J, Chapter 49, Water Code. |
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(c) Before a district may adopt an order adding or excluding |
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land, the district must obtain the consent of: |
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(1) the county that created the district by a |
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resolution of the county commissioners court; and |
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(2) a municipality in whose extraterritorial |
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jurisdiction the district is located by a resolution adopted by the |
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municipality's governing body. |
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SECTION 3. Sections 382.155(b) and (d), Local Government |
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Code, are amended to read as follows: |
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(b) If authorized by a county, a district shall impose a |
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hotel occupancy tax in the same manner as provided by [Chapter 383,
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Local Government Code, and] Section 352.107, Tax Code[, except that
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a hotel occupancy tax:
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[(1)
may be used for any purpose authorized in this
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chapter; and
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[(2)
is authorized by the county to be imposed by the
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district]. |
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(d) A hotel occupancy tax imposed by a district in a county |
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described by Section 382.002(1) may be used: |
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(1) for a purpose described by Chapter 352, Tax Code; |
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or |
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(2) to encourage the development or operation of a |
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hotel in the district, including an economic development program |
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for or a grant, loan, service, or improvement to a hotel in the |
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district [may not be imposed on the occupants of a hotel unless the
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owner of the hotel agrees to the imposition of the hotel occupancy
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taxes under this chapter.
After the owner agrees, the agreement
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may not be revoked by the owner of the hotel or any subsequent owner
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of the hotel.
After an agreement under this section, the district
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may impose hotel occupancy taxes as provided by this chapter]. |
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SECTION 4. Subchapter D, Chapter 382, Local Government |
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Code, is amended by adding Section 382.1555 to read as follows: |
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Sec. 382.1555. USE OF HOTEL OCCUPANCY TAX FOR ANY PURPOSE. |
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(a) If authorized by a county, a district may impose a hotel |
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occupancy tax under Section 382.155 and use the revenue from the tax |
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for any purpose authorized by this chapter if the owner of the hotel |
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agrees to the imposition of the tax. |
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(b) After the owner agrees, the agreement may not be revoked |
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by the owner of the hotel or any subsequent owner of the hotel. |
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(c) To the extent of a conflict with Section 382.155(d), |
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this section controls. |
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SECTION 5. (a) The legislature validates and confirms all |
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governmental acts and proceedings before the effective date of this |
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Act of a district created under Chapter 382, Local Government Code, |
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transferred from Subchapter C, Chapter 372, Local Government Code, |
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by Chapter 87 (S.B. 1969), Acts of the 81st Legislature, Regular |
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Session, 2009, before the effective date of this Act, including |
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acts of the district's board of directors. |
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(b) Subsection (a) of this section does not apply to a |
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matter that on the effective date of this Act: |
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(1) is involved in litigation, if the litigation |
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ultimately results in the matter being held invalid by a final court |
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judgment; or |
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(2) has been held invalid by a final court judgment. |
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SECTION 6. 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, 2011. |
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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. 3597 was passed by the House on May |
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13, 2011, by the following vote: Yeas 143, Nays 1, 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. 3597 was passed by the Senate on May |
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25, 2011, 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 |