78R11486 SMJ-D
By: Wolens H.B. No. 262
Substitute the following for H.B. No. 262:
By: Rodriguez C.S.H.B. No. 262
A BILL TO BE ENTITLED
AN ACT
relating to the funding of convention center hotel facilities in
certain municipalities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 351.001(2), Tax Code, is amended to read
as follows:
(2) "Convention center facilities" or "convention
center complex" means facilities that are primarily used to host
conventions and meetings. The term means civic centers, civic
center buildings, auditoriums, exhibition halls, and coliseums
that are owned by the municipality or other governmental entity or
that are managed in whole or part by the municipality. In a
municipality with a population of 550,000 [1.5 million] or more,
"convention center facilities" or "convention center complex"
means civic centers, civic center buildings, auditoriums,
exhibition halls, and coliseums that are owned by the municipality
or other governmental entity or that are managed in part by the
municipality, hotels owned by the municipality or a nonprofit
municipally sponsored local government corporation created under
Chapter 431, Transportation Code, within 1,000 feet of a convention
center owned by the municipality, or a historic hotel owned by the
municipality or a nonprofit municipally sponsored local government
corporation created under Chapter 431, Transportation Code, within
one mile of a convention center owned by the municipality. The term
includes parking areas or facilities that are for the parking or
storage of conveyances and that are located at or in the vicinity of
other convention center facilities. The term also includes a hotel
owned by or located on land that is owned by an eligible central
municipality or by a nonprofit corporation acting on behalf of an
eligible central municipality and that is located within 1,000 feet
of a convention center facility owned by the municipality.
SECTION 2. Section 351.102(a), Tax Code, is amended to read
as follows:
(a) Subject to the limitations provided by this subchapter,
a municipality may pledge the revenue derived from the tax imposed
under this chapter for the payment of bonds that are issued under
Section 1504.002(a), Government Code, for one or more of the
purposes provided by Section 351.101 or, in the case of a
municipality with a population of 550,000 [1,500,000] or more, for
the payment of principal of or interest on bonds or other
obligations of a municipally sponsored local government
corporation created under Chapter 431, Transportation Code, that
were issued to pay the cost of the acquisition and construction of a
convention center hotel or the cost of acquisition, remodeling, or
rehabilitation of a historic hotel structure; provided, however,
such pledge may only be that portion of the tax collected at such
hotel.
SECTION 3. Section 1504.001(a), Government Code, is amended
to read as follows:
(a) A municipality may establish, acquire, lease as lessee
or lessor, construct, improve, enlarge, equip, repair, operate, or
maintain a facility such as:
(1) a civic center, auditorium, opera house, music
hall, exhibition hall, coliseum, museum, library, or other
municipal building;
(2) a golf course, tennis court, or other similar
recreational facility;
(3) a hotel owned by a municipality or a nonprofit
municipally sponsored local government corporation created under
Chapter 431, Transportation Code, that is located not more than
1,000 feet from a convention center owned by a municipality with a
population of 550,000 [1,500,000] or more;
(4) a historic hotel owned by a municipality or a
nonprofit municipally sponsored local government corporation
created under Chapter 431, Transportation Code, that is located not
more than one mile from a convention center owned by a municipality
with a population of 550,000 [1,500,000] or more; or
(5) a parking facility at or in the immediate vicinity
of a facility described by Subdivisions (1)-(4) for use in
connection with that facility for off-street parking or storage of
motor vehicles or other conveyances.
SECTION 4. Section 2303.003(8), Government Code, is amended
to read as follows:
(8) "Qualified hotel project" means a hotel proposed
to be constructed by a municipality or a nonprofit municipally
sponsored local government corporation created under the Texas
Transportation Corporation Act, Chapter 431, Transportation Code,
that is within 1,000 feet of a convention center owned by a
municipality with [having] a population of 550,000 [1,500,000] or
more, including shops, parking facilities, and any other facilities
ancillary to the hotel.
SECTION 5. Section 2303.5055(b), Government Code, is
amended to read as follows:
(b) A municipality with a population of 550,000 [1,500,000]
or more may agree to guarantee from hotel occupancy taxes the bonds
or other obligations of a municipally sponsored local government
corporation created under the Texas Transportation Corporation Act
(Article 1528l, Vernon's Texas Civil Statutes) that were issued or
incurred to pay the cost of construction, remodeling, or
rehabilitation of a qualified hotel project.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.