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  H.B. No. 4360
 
 
 
 
AN ACT
  relating to revenue sources for certain venue projects.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 334.042(c), Local Government Code, is
  amended to read as follows:
         (c)  The municipality or county may deposit into the venue
  project fund:
               (1)  money received by the municipality or county from
  innovative funding concepts such as the sale or lease of luxury
  boxes or the sale of licenses for personal seats; [and]
               (2)  any other revenue received by the municipality or
  county from the approved venue project, including stadium rental
  payments and revenue from concessions and parking;
               (3)  if the revenue is not otherwise dedicated, all or a
  portion of any revenue the municipality or county receives from
  bonuses, delay rentals, royalties, and any other payments the
  municipality or county receives as the owner of oil, gas, and other
  mineral interests;
               (4)  if the revenue is not otherwise dedicated, all or a
  portion of any revenues the municipality or county receives from
  the fees, payments, or charges imposed by:
                     (A)  a joint operating board to which a
  municipality or county is a party; or
                     (B)  a nonprofit corporation created by and acting
  on behalf of a county or municipality; and
               (5)  any other revenue the municipality by ordinance or
  the county by order determines is appropriate for use in financing a
  venue project and related infrastructure.
         SECTION 2.  Section 334.201, Local Government Code, is
  amended by adding Subsection (b-1) to read as follows:
         (b-1)  Notwithstanding Subsection (b), if the approved venue
  project consists of three or more separate but adjacent venue
  facilities, the municipality or county may impose the tax during
  any hours.
         SECTION 3.  Section 334.202, Local Government Code, is
  amended by amending Subsection (b) and adding Subsection (b-1) to
  read as follows:
         (b)  Regardless of the method of imposition, the amount of
  the tax may not exceed $3 for each motor vehicle, except as provided
  by Subsection (b-1).
         (b-1)  A municipality with a population of more than 700,000
  within a county with a population of more than one million adjacent
  to a county with a population of more than two million may impose
  the tax authorized by this subchapter at a rate not to exceed $5 for
  each motor vehicle.
         SECTION 4.  Section 334.203(a), Local Government Code, is
  amended to read as follows:
         (a)  Except as provided by Section 334.2031, a [A]
  municipality or county that has adopted a tax under this subchapter
  at a rate of less than $3 a vehicle may by ordinance or order
  increase the rate of the tax to a maximum of $3 a vehicle if the
  increase is approved by a majority of the registered voters of that
  municipality or county voting at an election called and held for
  that purpose.
         SECTION 5.  Subchapter G, Chapter 334, Local Government
  Code, is amended by adding Section 334.2031 to read as follows:
         Sec. 334.2031.  RATE INCREASE IN CERTAIN MUNICIPALITIES IN
  CERTAIN POPULOUS COUNTIES. (a)  This section applies only to a
  municipality with a population of more than 700,000 within a county
  with a population of more than one million that is adjacent to a
  county with a population of more than two million.
         (b)  A municipality that has adopted a tax under this
  subchapter at a rate of less than $5 a vehicle may by ordinance
  increase the rate of the tax to a maximum of $5 a vehicle if the
  increase is approved by a majority of the registered voters of the
  municipality voting at an election called and held for that
  purpose.
         (c)  The ballot for the election to increase the rate of the
  tax shall be printed to permit voting for or against the
  proposition: "The increase of the parking tax for the purpose of
  financing ______________________ (insert description of venue
  project) to a maximum rate of ______ (insert new maximum rate not to
  exceed $5)."
         SECTION 6.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4360 was passed by the House on May
  11, 2009, by the following vote:  Yeas 128, Nays 12, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 4360 was passed by the Senate on May
  26, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor