S.B. No. 765
 
 
 
 
AN ACT
  relating to the use of municipal hotel occupancy taxes for the
  enhancement and upgrading of sports facilities and fields by
  certain municipalities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (a), Section 351.101, Tax Code, is
  amended to read as follows:
         (a)  Revenue from the municipal hotel occupancy tax may be
  used only to promote tourism and the convention and hotel industry,
  and that use is limited to the following:
               (1)  the acquisition of sites for and the construction,
  improvement, enlarging, equipping, repairing, operation, and
  maintenance of convention center facilities or visitor information
  centers, or both;
               (2)  the furnishing of facilities, personnel, and
  materials for the registration of convention delegates or
  registrants;
               (3)  advertising and conducting solicitations and
  promotional programs to attract tourists and convention delegates
  or registrants to the municipality or its vicinity;
               (4)  the encouragement, promotion, improvement, and
  application of the arts, including instrumental and vocal music,
  dance, drama, folk art, creative writing, architecture, design and
  allied fields, painting, sculpture, photography, graphic and craft
  arts, motion pictures, radio, television, tape and sound recording,
  and other arts related to the presentation, performance, execution,
  and exhibition of these major art forms;
               (5)  historical restoration and preservation projects
  or activities or advertising and conducting solicitations and
  promotional programs to encourage tourists and convention
  delegates to visit preserved historic sites or museums:
                     (A)  at or in the immediate vicinity of convention
  center facilities or visitor information centers; or
                     (B)  located elsewhere in the municipality or its
  vicinity that would be frequented by tourists and convention
  delegates;
               (6)  for a municipality located in a county with a
  population of one million or less, expenses, including promotion
  expenses, directly related to a sporting event in which the
  majority of participants are tourists who substantially increase
  economic activity at hotels and motels within the municipality or
  its vicinity; and
               (7)  subject to Section 351.1076, the promotion of
  tourism by the enhancement and upgrading of existing sports
  facilities or fields, including facilities or fields for baseball,
  softball, soccer, and flag football, if:
                     (A)  the municipality owns the facilities or
  fields;
                     (B)  the municipality:
                           (i)  has a population of 80,000 or more and
  is located in a county that has a population of 350,000 or less;
  [or]
                           (ii)  has a population of at least 65,000 but
  not more than 70,000 and is located in a county that has a
  population of 155,000 or less; or
                           (iii)  has a population of at least 34,000
  but not more than 36,000 and is located in a county that has a
  population of 90,000 or less; and
                     (C)  the sports facilities and fields have been
  used, in the preceding calendar year, a combined total of more than
  10 times for district, state, regional, or national sports
  tournaments.
         SECTION 2.  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, 2007.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 765 passed the Senate on
  April 12, 2007, by the following vote:  Yeas 31, Nays 0;
  May 24, 2007, Senate refused to concur in House amendment and
  requested appointment of Conference Committee; May 26, 2007, House
  granted request of the Senate; May 27, 2007, Senate adopted
  Conference Committee Report by the following vote:  Yeas 30,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 765 passed the House, with
  amendment, on May 16, 2007, by the following vote:  Yeas 140,
  Nays 5, two present not voting; May 26, 2007, House granted request
  of the Senate for appointment of Conference Committee;
  May 27, 2007, House adopted Conference Committee Report by the
  following vote:  Yeas 129, Nays 14, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor