1-1     By:  Moncrief                                          S.B. No. 893

 1-2           (In the Senate - Filed March 3, 1997; March 6, 1997, read

 1-3     first time and referred to Committee on Finance; March 26, 1997,

 1-4     reported favorably, as amended, by the following vote:  Yeas 10,

 1-5     Nays 1; March 26, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                             By:  Moncrief

 1-7     Amend S.B. No. 893 on page 2, line 38 to page 2, line 65, by

 1-8     striking SECTION 6.

 1-9                            A BILL TO BE ENTITLED

1-10                                   AN ACT

1-11     relating to certain convention center hotel facilities.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Subdivision (2), Section 351.001, Tax Code, is

1-14     amended to read as follows:

1-15                 (2)  "Convention center facilities" or "convention

1-16     center complex" means civic centers, civic center buildings,

1-17     auditoriums, exhibition halls, and coliseums that are owned by the

1-18     municipality or other governmental entity or that are managed in

1-19     whole or part by the municipality, hotels owned by the municipality

1-20     or a nonprofit municipally sponsored local government corporation

1-21     created pursuant to the Texas Transportation Corporation Act

1-22     (Article 1528l, Vernon's Texas Civil Statutes) within 1,000 feet of

1-23     a convention center owned by a municipality or county with a

1-24     population of 440,000 [1,500,000] or more, or a historic hotel

1-25     owned by a municipality or a nonprofit municipally sponsored local

1-26     government corporation created pursuant to the Texas Transportation

1-27     Corporation Act (Article 1528l, Vernon's Texas Civil Statutes)

1-28     within one mile of a convention center owned by a municipality or

1-29     county with a population of 440,000 [1,500,000] or more.  The term

1-30     includes parking areas or facilities that are for the parking or

1-31     storage of conveyances and that are located at or in the vicinity

1-32     of other convention center facilities.

1-33           SECTION 2.  Subsection (a), Section 351.102, Tax Code, is

1-34     amended to read as follows:

1-35           (a)  Subject to the limitations provided by this subchapter,

1-36     a municipality may pledge the revenue derived from the tax imposed

1-37     under this chapter for the payment of bonds that are issued under

1-38     Section 3, Chapter 63, Acts of the 59th Legislature, Regular

1-39     Session, 1965 (Article 1269j-4.1, Vernon's Texas Civil Statutes),

1-40     for one or more of the purposes provided by Section 351.101 or, in

1-41     the case of a municipality of 440,000 [1,500,000] or more, for the

1-42     payment of principal of or interest on bonds or other obligations

1-43     of a municipality or of a municipally sponsored local government

1-44     corporation created pursuant to the Texas Transportation

1-45     Corporation Act (Article 1528l, Vernon's Texas Civil Statutes) that

1-46     were issued to pay the cost of the acquisition and construction of

1-47     a convention center hotel or the cost of acquisition, remodeling,

1-48     or rehabilitation of a historic hotel structure; provided, however,

1-49     such pledge may only be that portion of the tax collected at such

1-50     hotel.

1-51           SECTION 3.  Subsection (a), Section 2, Chapter 63, Acts of

1-52     the 59th Legislature, Regular Session, 1965 (Article 1269j-4.1,

1-53     Vernon's Texas Civil Statutes), is amended to read as follows:

1-54           (a)  Any such city is hereby authorized to establish,

1-55     acquire, lease as lessee or lessor, purchase, construct, improve,

1-56     enlarge, equip, repair, operate or maintain (any or all)

1-57     improvements such as civic centers, civic center buildings,

1-58     auditoriums, opera houses, music halls, exhibition halls,

1-59     coliseums, museums, libraries, or other city buildings (either or

1-60     all), golf courses, tennis courts, and other similar recreational

1-61     facilities, hotels owned by a municipality or a nonprofit

1-62     municipally sponsored local government corporation created pursuant

1-63     to the Texas Transportation Corporation Act (Article 1528l,

1-64     Vernon's Texas Civil Statutes) within 1,000 feet of a convention

 2-1     center owned by a municipality or county with a population of

 2-2     440,000 [1,500,000] or more, or a historic hotel owned by a

 2-3     municipality or a nonprofit municipally sponsored local government

 2-4     corporation created pursuant to the Texas Transportation

 2-5     Corporation Act (Article 1528l, Vernon's Texas Civil Statutes)

 2-6     within one mile of a convention center owned by a municipality or

 2-7     county with a population of 440,000 [1,500,000] or more, and to

 2-8     establish, acquire, lease as lessee or lessor, purchase, construct,

 2-9     improve, enlarge, equip, repair, operate or maintain (any or all)

2-10     structures, parking areas, or facilities, located at or in the

2-11     immediate vicinity of such public improvements, to be used in

2-12     connection with such improvements for off-street parking or storage

2-13     of motor vehicles or other conveyances; and provided that any such

2-14     lease shall be on such terms and conditions as said city shall deem

2-15     appropriate.

2-16           SECTION 4.  Subdivision (8), Section 2303.003, Government

2-17     Code, is amended to read as follows:

2-18                 (8)  "Qualified hotel project" means a hotel proposed

2-19     to be constructed by a municipality or a nonprofit municipally

2-20     sponsored local government corporation created under the Texas

2-21     Transportation Corporation Act (Article 1528l, Vernon's Texas Civil

2-22     Statutes) that is within 1,000 feet of a convention center owned by

2-23     a municipality having a population of 440,000 [1,500,000] or more

2-24     or owned by a county containing a municipality having a population

2-25     of 440,000 or more, including shops, parking facilities, and any

2-26     other facilities ancillary to the hotel.

2-27           SECTION 5.  Subsection (b), Section 2303.5055, Government

2-28     Code, is amended to read as follows:

2-29           (b)  A municipality with a population of 440,000 [1,500,000]

2-30     or more may agree to guarantee from hotel occupancy taxes the bonds

2-31     or other obligations of a municipality or of a municipally

2-32     sponsored local government corporation created under the Texas

2-33     Transportation Corporation Act (Article 1528l, Vernon's Texas Civil

2-34     Statutes) that were issued or incurred to pay the cost of

2-35     construction, remodeling, or rehabilitation of a qualified hotel

2-36     project.

2-37           SECTION 6.  Subdivision (2), Subsection (a), Section 4B,

2-38     Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas

2-39     Civil Statutes), is amended to read as follows:

2-40                 (2)  "Project" means land, buildings, equipment,

2-41     facilities, and improvements included in the definition of that

2-42     term under Section 2 of this Act, including recycling facilities,

2-43     and land, buildings, equipment, facilities, and improvements found

2-44     by the board of directors to:

2-45                       (A)  be required or suitable for use for

2-46     professional and amateur (including children's) sports, athletic,

2-47     entertainment, tourist, convention, and public park purposes and

2-48     events, including stadiums, ball parks, auditoriums, amphitheaters,

2-49     concert halls, convention center facilities as defined by Chapter

2-50     351, Tax Code, learning centers, parks and park facilities, open

2-51     space improvements, municipal buildings, museums, exhibition

2-52     facilities, and related store, restaurant, concession, and

2-53     automobile parking facilities, related area transportation

2-54     facilities, and related roads, streets, and water and sewer

2-55     facilities, and other related improvements that enhance any of

2-56     those items; or

2-57                       (B)  promote or develop new or expanded business

2-58     enterprises, including a project to provide public safety

2-59     facilities, streets and roads, drainage and related improvements,

2-60     demolition of existing structures, general municipally owned

2-61     improvements, as well as any improvements or facilities that are

2-62     related to any of those projects and any other project that the

2-63     board in its discretion determines promotes or develops new or

2-64     expanded business enterprises.

2-65           SECTION 7.  The importance of this legislation and the

2-66     crowded condition of the calendars in both houses create an

2-67     emergency and an imperative public necessity that the

2-68     constitutional rule requiring bills to be read on three several

2-69     days in each house be suspended, and this rule is hereby suspended,

 3-1     and that this Act take effect and be in force from and after its

 3-2     passage, and it is so enacted.

 3-3                                  * * * * *