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 * * * * *