81R22858 JTS-F

By: Geren H.B. No. 4360

Substitute the following for H.B. No. 4360:

By: Keffer C.S.H.B. No. 4360

A BILL TO BE ENTITLED

AN ACT

relating to revenue sources for certain venue projects.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 334.042(c), Local Government Code, is amended to read as follows:

(c) The municipality or county may deposit into the venue project fund:

(1) money received by the municipality or county from innovative funding concepts such as the sale or lease of luxury boxes or the sale of licenses for personal seats; [and]

(2) any other revenue received by the municipality or county from the approved venue project, including stadium rental payments and revenue from concessions and parking;

(3) if the revenue is not otherwise dedicated, all or a portion of any revenue the municipality or county receives from bonuses, delay rentals, royalties, and any other payments the municipality or county receives as the owner of oil, gas, and other mineral interests;

(4) if the revenue is not otherwise dedicated, all or a portion of any revenues the municipality or county receives from the fees, payments, or charges imposed by:

(A) a joint operating board to which a municipality or county is a party; or

(B) a nonprofit corporation created by and acting on behalf of a county or municipality; and

(5) any other revenue the municipality by ordinance or the county by order determines is appropriate for use in financing a venue project and related infrastructure.

SECTION 2. Section 334.103(c), Local Government Code, is amended to read as follows:

(c) A county with a population of more than two million that is adjacent to a county with a population of more than one million or a municipality with a population of more than 700,000 within a county with a population of more than one million that is adjacent to a county with a population of more than two million may impose the tax authorized by this subchapter at a rate not to exceed six percent on the gross rental receipts from the rental in the county or municipality of a motor vehicle.

SECTION 3. The heading to Section 334.1041, Local Government Code, is amended to read as follows:

Sec. 334.1041. RATE INCREASE IN CERTAIN POPULOUS COUNTIES AND MUNICIPALITIES.

SECTION 4. Sections 334.1041(a) and (b), Local Government Code, are amended to read as follows:

(a) This section applies only to:

(1) a county with a population of more than two million that is adjacent to a county with a population of more than one million; or

(2) a municipality with a population of more than 700,000 located within a county with a population of more than one million that is adjacent to a county with a population of more than two million.

(b) A municipality or county that has adopted a tax under this subchapter at a rate of less than six percent may by ordinance or order, as applicable, increase the rate of the tax to a maximum of six percent if the increase is approved by a majority of the registered voters of the municipality or county voting at an election called and held for that purpose.

SECTION 5. Section 334.201, Local Government Code, is amended by adding Subsection (b-1) to read as follows:

(b-1) Notwithstanding Subsection (b), if the approved venue project consists of three or more separate but adjacent venue facilities, the municipality or county may impose the tax during any hours.

SECTION 6. Section 334.202, Local Government Code, is amended by amending Subsection (b) and adding Subsection (b-1) to read as follows:

(b) Regardless of the method of imposition, the amount of the tax may not exceed $3 for each motor vehicle, except as provided by Subsection (b-1).

(b-1) A municipality with a population of more than 700,000 within a county with a population of more than one million adjacent to a county with a population of more than two million may impose the tax authorized by this subchapter at a rate not to exceed $5 for each motor vehicle.

SECTION 7. Section 334.203(a), Local Government Code, is amended to read as follows:

(a) Except as provided by Section 334.2031, a [A] municipality or county that has adopted a tax under this subchapter at a rate of less than $3 a vehicle may by ordinance or order increase the rate of the tax to a maximum of $3 a vehicle if the increase is approved by a majority of the registered voters of that municipality or county voting at an election called and held for that purpose.

SECTION 8. Subchapter G, Chapter 334, Local Government Code, is amended by adding Section 334.2031 to read as follows:

Sec. 334.2031. RATE INCREASE IN CERTAIN MUNICIPALITIES IN CERTAIN POPULOUS COUNTIES. (a) This section applies only to a municipality with a population of more than 700,000 within a county with a population of more than one million that is adjacent to a county with a population of more than two million.

(b) A municipality that has adopted a tax under this subchapter at a rate of less than $5 a vehicle may by ordinance increase the rate of the tax to a maximum of $5 a vehicle if the increase is approved by a majority of the registered voters of the municipality voting at an election called and held for that purpose.

(c) The ballot for the election to increase the rate of the tax shall be printed to permit voting for or against the proposition: "The increase of the parking tax for the purpose of financing ______________________ (insert description of venue project) to a maximum rate of ______ (insert new maximum rate not to exceed $5)."

SECTION 9. Section 334.254(c), Local Government Code, is amended to read as follows:

(c) A county with a population of more than two million that is adjacent to a county with a population of more than one million or a municipality with a population of more than 700,000 within a county with a population of more than one million that is adjacent to a county with a population of more than two million may impose the tax authorized by this subchapter at any rate not to exceed three percent of the price paid for a room in a hotel.

SECTION 10. Section 334.255(a), Local Government Code, is amended to read as follows:

(a) Except as provided by Section 334.2551, a [A] municipality or county that has adopted a tax under this subchapter at a rate of less than two percent may by ordinance or order increase the rate of the tax to the maximum applicable rate if the increase is approved by a majority of the registered voters of that municipality or county voting at an election called and held for that purpose.

SECTION 11. Subchapter H, Chapter 334, Local Government Code, is amended by adding Section 334.2551 to read as follows:

Sec. 334.2551. RATE INCREASE IN CERTAIN POPULOUS COUNTIES AND MUNICIPALITIES. (a) This section applies only to:

(1) a county with a population of more than two million that is adjacent to a county with a population of more than one million; or

(2) a municipality with a population of more than 700,000 within a county with a population of more than one million adjacent to a county with a population of more than two million.

(b) A municipality or county that has adopted a tax under this subchapter at a rate of less than three percent may by ordinance or order increase the rate of the tax to the maximum applicable rate if the increase is approved by a majority of the registered voters of that municipality or county voting at an election called and held for that purpose.

(c) The ballot for the election to increase the rate of the tax shall be printed to permit voting for or against the proposition: "The increase of the hotel occupancy tax for the purpose of financing __________(insert description of venue project) to a maximum rate of ______________ percent (insert new maximum applicable rate)."

SECTION 12. 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, 2009.