1-1     By:  Brimer (Senate Sponsor - Moncrief)               H.B. No. 2844
 1-2           (In the Senate - Received from the House April 21, 1999;
 1-3     April 22, 1999, read first time and referred to Committee on
 1-4     Economic Development; May 14, 1999, reported favorably by the
 1-5     following vote:  Yeas 5, Nays 1; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the purposes for which the municipal hotel occupancy
 1-9     tax may be used.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 351.001(2), Tax Code, is amended to read
1-12     as follows:
1-13                 (2)  "Convention center facilities" or "convention
1-14     center complex" means facilities that are primarily used to host
1-15     conventions and meetings.  The term means civic centers, civic
1-16     center buildings, auditoriums, and exhibition halls [, and
1-17     coliseums] that are owned by the  municipality or other
1-18     governmental entity or that are managed in whole or part by the
1-19     municipality, hotels owned by the municipality or a nonprofit
1-20     municipally sponsored local government corporation created under
1-21     Chapter 431, Transportation Code, within 1,000 feet of a convention
1-22     center owned by a municipality with a population of 1,500,000 or
1-23     more, or a historic hotel owned by a municipality or a nonprofit
1-24     municipally sponsored local government corporation created under
1-25     Chapter 431, Transportation Code, within one mile of a convention
1-26     center owned by a municipality with a population of 1,500,000 or
1-27     more.  The term includes parking areas or facilities that are for
1-28     the parking or storage of conveyances and that are located at or in
1-29     the vicinity of other convention center facilities.  The term also
1-30     includes a hotel owned by or located on land that is owned by an
1-31     eligible central municipality or by a nonprofit corporation acting
1-32     on behalf of an eligible central municipality and is located within
1-33     1,000 feet of a convention center facility owned by the
1-34     municipality.
1-35           SECTION 2.  Section 151.429, Tax Code, is amended by amending
1-36     Subsection (h) and adding Subsection (i) to read as follows:
1-37           (h)  Notwithstanding Subsections (a) through (g) [the other
1-38     provisions of this section], the owner of a qualified hotel project
1-39     shall receive a rebate, refund, or payment of 100 percent of the
1-40     sales and use taxes paid or collected by the qualified hotel
1-41     project or businesses located in the qualified hotel project
1-42     pursuant to this chapter and 100 percent of the hotel occupancy
1-43     taxes paid by persons for the use or possession of or for the right
1-44     to the use or possession of a room or space at the qualified hotel
1-45     project pursuant to the provisions of Chapter 156 during the first
1-46     10 years after such qualified hotel project is open for initial
1-47     occupancy.  The rebate, refund, or payment of sales and use taxes
1-48     does not apply to a qualified hotel project described under
1-49     Subsection (i).
1-50           (i)  After January 1, 1999, a qualified hotel project may be
1-51     constructed in each eligible central municipality, as defined by
1-52     Section 351.001.  This subsection does not apply to a municipality
1-53     with a population of 1,500,000 or more.
1-54           SECTION 3.  Section 351.102, Tax Code, is amended by adding
1-55     Subsection (c) to read as follows:
1-56           (c)  An eligible central municipality may pledge the revenue
1-57     derived from the tax imposed under this chapter from a qualified
1-58     hotel project, as defined by Section 2303.003, Government Code,
1-59     that is owned by or located on land owned by the municipality or by
1-60     a nonprofit corporation acting on behalf of an eligible central
1-61     municipality and is located within 1,000 feet of a convention
1-62     center facility owned by the municipality for the payment of bonds
1-63     or other obligations issued or incurred to acquire, lease,
1-64     construct, and equip the hotel.  For bonds or other obligations
 2-1     issued under this subsection, an eligible central municipality may
 2-2     only pledge revenue or other assets of the qualified hotel project
 2-3     benefiting from those bonds or other obligations.
 2-4           SECTION 4.  Section 2303.003(8), Government Code, is amended
 2-5     to read as follows:
 2-6                 (8)  "Qualified hotel project" means a hotel proposed
 2-7     to be constructed by a municipality or a nonprofit municipally
 2-8     sponsored local government corporation created under Chapter 431,
 2-9     Transportation Code, [the Texas Transportation Corporation Act
2-10     (Article 1528l, Vernon's Texas Civil Statutes)] that is within
2-11     1,000 feet of a convention center owned by a municipality having a
2-12     population of 1,500,000 or more, including shops, parking
2-13     facilities, and any other facilities ancillary to the hotel.  The
2-14     term also includes a hotel owned by or located on land that is
2-15     owned by an eligible central municipality, as defined by Section
2-16     351.001, Tax Code, or by a nonprofit corporation acting on behalf
2-17     of an eligible central municipality, and is located within 1,000
2-18     feet of a convention center facility owned by the municipality,
2-19     including shops, parking facilities, and any other facilities
2-20     ancillary to the hotel.
2-21           SECTION 5.  Section 2, Chapter 63, Acts of the 59th
2-22     Legislature, Regular Session, 1965 (Article 1269j-4.1, Vernon's
2-23     Texas Civil Statutes), is amended by adding Subsection (c) to read
2-24     as follows:
2-25           (c)  An eligible central municipality, as defined by Section
2-26     351.001, Tax Code, may establish, acquire, lease as lessee or
2-27     lessor, purchase, construct, improve, enlarge, equip, repair,
2-28     operate, or maintain a hotel that is owned by or located on land
2-29     owned by the municipality or by a nonprofit corporation acting on
2-30     behalf of an eligible central municipality and is located within
2-31     1,000 feet of a convention center facility owned by the
2-32     municipality.  An eligible central municipality may also issue
2-33     bonds or incur other obligations to acquire, lease, construct, or
2-34     equip a hotel that is owned by or located on land owned by the
2-35     municipality or by a nonprofit corporation acting on behalf of an
2-36     eligible central municipality and that is located within 1,000 feet
2-37     of a convention center owned by the municipality.
2-38           SECTION 6.  (a)  This Act takes effect September 1, 1999.
2-39           (b)  This Act does not apply to the use of tax revenue
2-40     pledged to secure bonds issued before the effective date of this
2-41     Act.  Tax revenue pledged to secure bonds issued before the
2-42     effective date of this Act is governed by the law in effect on the
2-43     date the bonds were issued, and that law is continued in effect for
2-44     that purpose.
2-45           (c)  This Act does not apply to the use of tax revenue
2-46     pledged or dedicated before the effective date of this Act for the
2-47     acquisition of sites for and the construction, improvement,
2-48     enlarging, equipping, repairing, operation, and maintenance of
2-49     convention center facilities.  Tax revenue pledged for these
2-50     purposes before the effective date of this Act is governed by the
2-51     law in effect on the date the revenue was pledged, and that law is
2-52     continued in effect for that purpose.
2-53           (d)  This Act does not apply to the use of tax revenue for a
2-54     convention center complex that was under construction on the
2-55     effective date of this Act, including the pledging of such revenue
2-56     to secure bonds, additional bonds, and refunding bonds.  Tax
2-57     revenue used for a convention center complex that was under
2-58     construction on the effective date of this Act is governed by the
2-59     law in effect on April 1, 1999, and that law is continued in effect
2-60     for that purpose.
2-61           SECTION 7.  The importance of this legislation and the
2-62     crowded condition of the calendars in both houses create an
2-63     emergency and an imperative public necessity that the
2-64     constitutional rule requiring bills to be read on three several
2-65     days in each house be suspended, and this rule is hereby suspended.
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