79R5326 DAK-F
By: Pickett H.B. No. 2142
A BILL TO BE ENTITLED
AN ACT
relating to the construction, remodeling, or rehabilitation of
certain hotel projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2303.003(8), Government Code, is amended
to read as follows:
(8) "Qualified hotel project" means:
(A) 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 having a population of
1,500,000 or more, including shops, parking facilities, and any
other facilities ancillary to the hotel; and
(B) a hotel proposed to be constructed,
remodeled, or rehabilitated 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 3,000 feet of the property line
of a convention center owned by a municipality having a population
of more than 500,000 and that borders the United Mexican States,
including shops, parking facilities, and any other facilities
ancillary to the hotel.
SECTION 2. Section 2303.5055(b), Government Code, is
amended to read as follows:
(b) A municipality with a population of 1,500,000 or more or
a municipality having a population of more than 500,000 and that
borders the United Mexican States 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, Chapter 431, Transportation Code,
[(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 3. 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 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. The term
also includes a hotel proposed to be constructed, remodeled, or
rehabilitated by a municipality or a nonprofit municipally
sponsored local government corporation created under Chapter 431,
Transportation Code, that is within 3,000 feet of the property line
of a convention center owned by a municipality having a population
of more than 500,000 and that borders the United Mexican States,
including shops, parking facilities, and any other facilities
ancillary to the hotel.
SECTION 4. 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 of 1,500,000 or more or a municipality having a
population of more than 500,000 and that borders the United Mexican
States, 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 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, 2005.