By: Lindsay S.B. No. 1466
(In the Senate - Filed March 13, 2003; March 20, 2003, read
first time and referred to Committee on Intergovernmental
Relations; May 5, 2003, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 5, Nays 0;
May 5, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1466 By: Wentworth
A BILL TO BE ENTITLED
AN ACT
relating to hotel occupancy taxes and the financing of convention
center facilities in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subdivision (2), Section 352.001, Tax Code, is
amended to read as follows:
(2) "Convention center facilities" or "convention
center complex" means civic centers, civic center buildings,
auditoriums, exhibition halls, and coliseums that are owned by the
county or that are managed in whole or part by the county. The terms
include [term includes] parking areas or facilities that are for
the parking or storage of conveyances and that are located at or in
the immediate vicinity of other convention center facilities. In a
county with a population of more than 3.3 million, the terms include
hotels that are located within 1,000 feet of a convention center or
stadium and that are owned by the county or by a nonprofit local
government corporation created under Chapter 431, Transportation
Code, that is sponsored by the county.
SECTION 2. Section 352.003, Tax Code, is amended by adding
Subsection (g) to read as follows:
(g) Notwithstanding any other law, a county, municipality,
or political subdivision of the state may not adopt or levy an
additional hotel occupancy tax in a county with a population of 3.3
million or more if as a result of the adoption or levy of the tax the
combined rate of all hotel occupancy taxes imposed by the state, the
county, a municipality, or a political subdivision would exceed 17
percent at any location within the county.
SECTION 3. Subsection (a), Section 352.101, Tax Code, is
amended to read as follows:
(a) The revenue from a tax imposed under this chapter by a
county having a population of more than 3.3 million may be used only
for:
(1) the acquisition of sites for and the construction,
improvement, enlarging, equipping, repairing, operation, and
maintenance of public improvements such as convention center
facilities, a convention center complex, [civic centers, civic
center buildings, auditoriums, exhibition halls, coliseums, and]
stadiums, including sports and other facilities that serve the
purpose of attracting visitors and tourists to the county, and
parking areas or facilities for the parking or storage of motor
vehicles or other conveyances, hotels owned by a 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 a municipality with a population of
1,500,000 or more, or a historic hotel owned by a municipality or a
nonprofit municipally sponsored local government corporation
created under Chapter 431, Transportation Code, within one mile of
a convention center owned by a municipality with a population of
1,500,000 or more;
(2) the furnishing of facilities, personnel, and
materials for the registration of convention delegates or
registrants; and
(3) general promotion and tourist advertising of the
county and its vicinity and conducting a solicitation program to
attract conventions and visitors, any of which may be conducted by
the county or through contracts with persons or organizations
selected by the county.
SECTION 4. Section 1477.302, Government Code, is amended to
read as follows:
Sec. 1477.302. AUTHORITY FOR VISITOR OR TOURIST
ATTRACTIONS. (a) In this section, "convention center facilities"
and "convention center complex" have the meanings assigned by
Section 352.001, Tax Code.
(b) A county may establish, acquire, lease as lessor or
lessee, construct, improve, enlarge, equip, repair, operate, or
maintain:
(1) a public improvement or facility to attract
visitors or tourists to the county, including convention center
facilities, a convention center complex, or a [civic center, a
civic center building, an auditorium, an exhibition hall, a
coliseum,] stadium[,] or other sports facility; or
(2) a parking facility located at or in the immediate
vicinity of an improvement or facility described by Subdivision (1)
to be used in connection with the improvement or facility for
off-street parking or storage of motor vehicles or other
conveyances.
SECTION 5. 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.
* * * * *