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.