By: Moncrief S.B. No. 893
97S0600/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to certain convention center hotel facilities.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subdivision (2), Section 351.001, Tax Code, is
1-4 amended to read as follows:
1-5 (2) "Convention center facilities" or "convention
1-6 center complex" means civic centers, civic center buildings,
1-7 auditoriums, exhibition halls, and coliseums that are owned by the
1-8 municipality or other governmental entity or that are managed in
1-9 whole or part by the municipality, hotels owned by the municipality
1-10 or a nonprofit municipally sponsored local government corporation
1-11 created pursuant to the Texas Transportation Corporation Act
1-12 (Article 1528l, Vernon's Texas Civil Statutes) within 1,000 feet of
1-13 a convention center owned by a municipality or county with a
1-14 population of 440,000 [1,500,000] or more, or a historic hotel
1-15 owned by a municipality or a nonprofit municipally sponsored local
1-16 government corporation created pursuant to the Texas Transportation
1-17 Corporation Act (Article 1528l, Vernon's Texas Civil Statutes)
1-18 within one mile of a convention center owned by a municipality or
1-19 county with a population of 440,000 [1,500,000] or more. The term
1-20 includes parking areas or facilities that are for the parking or
1-21 storage of conveyances and that are located at or in the vicinity
1-22 of other convention center facilities.
1-23 SECTION 2. Subsection (a), Section 351.102, Tax Code, is
2-1 amended to read as follows:
2-2 (a) Subject to the limitations provided by this subchapter,
2-3 a municipality may pledge the revenue derived from the tax imposed
2-4 under this chapter for the payment of bonds that are issued under
2-5 Section 3, Chapter 63, Acts of the 59th Legislature, Regular
2-6 Session, 1965 (Article 1269j-4.1, Vernon's Texas Civil Statutes),
2-7 for one or more of the purposes provided by Section 351.101 or, in
2-8 the case of a municipality of 440,000 [1,500,000] or more, for the
2-9 payment of principal of or interest on bonds or other obligations
2-10 of a municipality or of a municipally sponsored local government
2-11 corporation created pursuant to the Texas Transportation
2-12 Corporation Act (Article 1528l, Vernon's Texas Civil Statutes) that
2-13 were issued to pay the cost of the acquisition and construction of
2-14 a convention center hotel or the cost of acquisition, remodeling,
2-15 or rehabilitation of a historic hotel structure; provided, however,
2-16 such pledge may only be that portion of the tax collected at such
2-17 hotel.
2-18 SECTION 3. Subsection (a), Section 2, Chapter 63, Acts of
2-19 the 59th Legislature, Regular Session, 1965 (Article 1269j-4.1,
2-20 Vernon's Texas Civil Statutes), is amended to read as follows:
2-21 (a) Any such city is hereby authorized to establish,
2-22 acquire, lease as lessee or lessor, purchase, construct, improve,
2-23 enlarge, equip, repair, operate or maintain (any or all)
2-24 improvements such as civic centers, civic center buildings,
2-25 auditoriums, opera houses, music halls, exhibition halls,
3-1 coliseums, museums, libraries, or other city buildings (either or
3-2 all), golf courses, tennis courts, and other similar recreational
3-3 facilities, hotels owned by a municipality or a nonprofit
3-4 municipally sponsored local government corporation created pursuant
3-5 to the Texas Transportation Corporation Act (Article 1528l,
3-6 Vernon's Texas Civil Statutes) within 1,000 feet of a convention
3-7 center owned by a municipality or county with a population of
3-8 440,000 [1,500,000] or more, or a historic hotel owned by a
3-9 municipality or a nonprofit municipally sponsored local government
3-10 corporation created pursuant to the Texas Transportation
3-11 Corporation Act (Article 1528l, Vernon's Texas Civil Statutes)
3-12 within one mile of a convention center owned by a municipality or
3-13 county with a population of 440,000 [1,500,000] or more, and to
3-14 establish, acquire, lease as lessee or lessor, purchase, construct,
3-15 improve, enlarge, equip, repair, operate or maintain (any or all)
3-16 structures, parking areas, or facilities, located at or in the
3-17 immediate vicinity of such public improvements, to be used in
3-18 connection with such improvements for off-street parking or storage
3-19 of motor vehicles or other conveyances; and provided that any such
3-20 lease shall be on such terms and conditions as said city shall deem
3-21 appropriate.
3-22 SECTION 4. Subdivision (8), Section 2303.003, Government
3-23 Code, is amended to read as follows:
3-24 (8) "Qualified hotel project" means a hotel proposed
3-25 to be constructed by a municipality or a nonprofit municipally
4-1 sponsored local government corporation created under the Texas
4-2 Transportation Corporation Act (Article 1528l, Vernon's Texas Civil
4-3 Statutes) that is within 1,000 feet of a convention center owned by
4-4 a municipality having a population of 440,000 [1,500,000] or more
4-5 or owned by a county containing a municipality having a population
4-6 of 440,000 or more, including shops, parking facilities, and any
4-7 other facilities ancillary to the hotel.
4-8 SECTION 5. Subsection (b), Section 2303.5055, Government
4-9 Code, is amended to read as follows:
4-10 (b) A municipality with a population of 440,000 [1,500,000]
4-11 or more may agree to guarantee from hotel occupancy taxes the bonds
4-12 or other obligations of a municipality or of a municipally
4-13 sponsored local government corporation created under the Texas
4-14 Transportation Corporation Act (Article 1528l, Vernon's Texas Civil
4-15 Statutes) that were issued or incurred to pay the cost of
4-16 construction, remodeling, or rehabilitation of a qualified hotel
4-17 project.
4-18 SECTION 6. Subdivision (2), Subsection (a), Section 4B,
4-19 Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas
4-20 Civil Statutes), is amended to read as follows:
4-21 (2) "Project" means land, buildings, equipment,
4-22 facilities, and improvements included in the definition of that
4-23 term under Section 2 of this Act, including recycling facilities,
4-24 and land, buildings, equipment, facilities, and improvements found
4-25 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 defined by Chapter
5-6 351, Tax Code, learning centers, parks and park facilities, open
5-7 space improvements, municipal buildings, museums, exhibition
5-8 facilities, and related store, restaurant, concession, and
5-9 automobile parking facilities, related area transportation
5-10 facilities, and related roads, streets, and water and sewer
5-11 facilities, and other related improvements that enhance any of
5-12 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. The importance of this legislation and the
5-22 crowded condition of the calendars in both houses create an
5-23 emergency and an imperative public necessity that the
5-24 constitutional rule requiring bills to be read on three several
5-25 days in each house be suspended, and this rule is hereby suspended,
6-1 and that this Act take effect and be in force from and after its
6-2 passage, and it is so enacted.