|  | A BILL TO BE ENTITLED | 
|  | 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. |