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.