By Lewis of Tarrant                             H.B. No. 1904

      75R5913 CBH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the financing of certain hotel facilities.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 2303.003(8), Government Code, is amended

 1-5     to read as follows:

 1-6                 (8)  "Qualified hotel project" means a hotel proposed

 1-7     to be constructed by a municipality or a nonprofit municipally

 1-8     sponsored local government corporation created under Chapter 431,

 1-9     Transportation Code, [the Texas Transportation Corporation Act

1-10     (Article 1528l, Vernon's Texas Civil Statutes)] that is  within

1-11     1,000 feet of a convention center owned by a municipality having a

1-12     population of 440,000 [1,500,000] or more, or by a county in which

1-13     such a municipality is located, including shops, parking

1-14     facilities, and any other  facilities ancillary to the hotel.

1-15           SECTION 2.  Section 2303.5055(b), Government Code, is amended

1-16     to read as follows:

1-17           (b)  A municipality with a population of  440,000 [1,500,000]

1-18     or more may agree to guarantee from hotel occupancy taxes the bonds

1-19     or other obligations of a municipally sponsored local government

1-20     corporation created under Chapter 431, Transportation Code, [the

1-21     Texas Transportation Corporation Act (Article  1528l, Vernon's

1-22     Texas Civil Statutes)] that were issued or incurred to pay the cost

1-23     of construction, remodeling, or rehabilitation of a qualified hotel

1-24     project.

 2-1           SECTION 3.  Section 351.001(2), Tax Code, is amended to read

 2-2     as follows:

 2-3                 (2)  "Convention center facilities" or "convention

 2-4     center complex" means civic centers, civic center buildings,

 2-5     auditoriums, exhibition halls, and coliseums that are owned by the

 2-6     municipality or other governmental entity or that are managed in

 2-7     whole or part by the municipality or[,] hotels owned by the

 2-8     municipality or a nonprofit municipally sponsored local government

 2-9     corporation created under Chapter 431, Transportation Code,

2-10     [pursuant to the Texas Transportation Corporation Act (Article

2-11     1528l, Vernon's Texas Civil Statutes)] within 1,000 feet of a

2-12     convention center owned by a municipality with a population of

2-13     440,000 [1,500,000] or more, or by a county in which such a

2-14     municipality is located.  The term also includes [or] a historic

2-15     hotel owned by a municipality or a nonprofit municipally sponsored

2-16     local government corporation created under Chapter 431,

2-17     Transportation Code, [pursuant to the Texas Transportation

2-18     Corporation Act (Article 1528l, Vernon's Texas Civil  Statutes)]

2-19     within one mile of a convention center owned by a municipality with

2-20     a population of 440,000 [1,500,000] or more, or by a county in

2-21     which such a municipality is located.  The term includes parking

2-22     areas or facilities that are for the parking or  storage of

2-23     conveyances and that are located at or in the vicinity of other

2-24     convention center facilities.

2-25           SECTION 4.  Section 351.102(a), Tax Code, is amended to read

2-26     as follows:

2-27           (a)  Subject to the limitations provided by this subchapter,

 3-1     a municipality may pledge the revenue derived from the tax imposed

 3-2     under this chapter for the payment of bonds that are issued under

 3-3     Section 3, Chapter 63, Acts of the 59th Legislature, Regular

 3-4     Session, 1965 (Article 1269j-4.1, Vernon's Texas Civil Statutes),

 3-5     for one or more of the purposes provided by Section 351.101 or, in

 3-6     the case of a municipality of  440,000 [1,500,000] or more, for the

 3-7     payment of principal of or interest on  bonds or other obligations

 3-8     of a municipality or a municipally sponsored local government

 3-9     corporation created under Chapter 431, Transportation Code,

3-10     [pursuant to the Texas Transportation  Corporation Act (Article

3-11     1528l, Vernon's Texas Civil Statutes)] that were issued to pay the

3-12     cost of the acquisition and construction of a convention center

3-13     hotel or the cost of acquisition, remodeling, or rehabilitation of

3-14     a historic hotel structure; provided, however, such pledge may only

3-15     be that portion of the tax collected at such hotel.

3-16           SECTION 5.  Section 2(a), Chapter 63, Acts of the 59th

3-17     Legislature, Regular Session, 1965 (Article 1269j-4.1, Vernon's

3-18     Texas Civil Statutes), is amended to read as follows:

3-19           (a)  Any such city is hereby authorized to establish,

3-20     acquire, lease as lessee or lessor, purchase, construct, improve,

3-21     enlarge, equip, repair, operate or maintain (any or all)

3-22     improvements such as civic centers, civic center buildings,

3-23     auditoriums, opera houses, music halls, exhibition halls,

3-24     coliseums, museums, libraries, or other city buildings (either or

3-25     all), golf courses, tennis courts, and other similar recreational

3-26     facilities, hotels owned by a municipality or a nonprofit

3-27     municipally sponsored local government corporation created under

 4-1     Chapter 431, Transportation Code, [pursuant to the Texas

 4-2     Transportation Corporation Act (Article 1528l, Vernon's Texas Civil

 4-3     Statutes)] within 1,000 feet of a convention center owned by a

 4-4     municipality with a population of 440,000 [1,500,000] or more, or

 4-5     by a county in which such a municipality is located, or a historic

 4-6     hotel owned by a municipality or a nonprofit municipally sponsored

 4-7     local government corporation created under Chapter 431,

 4-8     Transportation Code, [pursuant to the Texas Transportation

 4-9     Corporation Act (Article 1528l,  Vernon's Texas Civil Statutes)]

4-10     within one mile of a convention center owned by a municipality with

4-11     a population of 440,000 [1,500,000] or more, or by a county in

4-12     which such a municipality is located, and to establish, acquire,

4-13     lease as  lessee or lessor, purchase, construct, improve, enlarge,

4-14     equip, repair, operate or maintain (any or all) structures, parking

4-15     areas, or facilities, located at or in the immediate vicinity of

4-16     such public improvements, to be used in connection with such

4-17     improvements for off-street parking or storage of motor vehicles or

4-18     other conveyances; and provided that any such lease shall be on

4-19     such terms and conditions as said city shall deem appropriate.

4-20           SECTION 6.  Section 4B(a)(2), Development Corporation Act of

4-21     1979 (Article 5190.6, Vernon's Texas Civil Statutes), is amended to

4-22     read as follows:

4-23                 (2)  "Project" means land, buildings, equipment,

4-24     facilities, and improvements included in the definition of that

4-25     term under Section 2 of this Act, including recycling facilities,

4-26     and land, buildings, equipment, facilities, and improvements found

4-27     by the board of directors to:

 5-1                       (A)  be required or suitable for use for

 5-2     professional and amateur (including children's) sports, athletic,

 5-3     entertainment, tourist, convention, and public park purposes and

 5-4     events, including stadiums, ball parks, auditoriums, amphitheaters,

 5-5     concert halls, convention center facilities, as that term is

 5-6     defined by Section 351.001, Tax Code, learning centers, parks and

 5-7     park facilities, open space improvements, municipal buildings,

 5-8     museums, exhibition facilities, and related store, restaurant,

 5-9     concession, and automobile parking facilities, related area

5-10     transportation facilities, and related roads, streets, and water

5-11     and sewer facilities, and other related improvements that enhance

5-12     any of those items; or

5-13                       (B)  promote or develop new or expanded business

5-14     enterprises, including a project to provide public safety

5-15     facilities, streets and roads, drainage and related improvements,

5-16     demolition of existing structures, general municipally owned

5-17     improvements, as well as any improvements or facilities that are

5-18     related to any of those projects and any other project that the

5-19     board in its discretion determines promotes or develops new or

5-20     expanded business enterprises.

5-21           SECTION 7.  This Act takes effect September 1, 1997.

5-22           SECTION 8.  The importance of this legislation and the

5-23     crowded condition of the calendars in both houses create an

5-24     emergency and an imperative public necessity that the

5-25     constitutional rule requiring bills to be read on three several

5-26     days in each house be suspended, and this rule is hereby suspended.