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A BILL TO BE ENTITLED
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AN ACT
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relating to the imposition of the municipal hotel occupancy tax by |
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certain eligible central municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 351.001(7), Tax Code, is amended to read |
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as follows: |
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(7) "Eligible central municipality" means a |
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municipality with a population of more than 140,000 [440,000] but |
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less than 1.5 million that is located in a county with a population |
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of one million or more and that has adopted a capital improvement |
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plan for the expansion of an existing convention center facility. |
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SECTION 2. Section 351.003(b), Tax Code, is amended to read |
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as follows: |
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(b) The rate in an eligible central municipality may not |
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exceed nine percent of the price paid for a room. This subsection |
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does not apply to a municipality to which Section 351.106 applies or |
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to an eligible central municipality with a population of less than |
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440,000. |
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SECTION 3. Sections 351.102(b) and (c), Tax Code, are |
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amended to read as follows: |
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(b) An eligible central municipality may pledge the revenue |
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derived from the tax imposed under this chapter from a hotel project |
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that is owned by or located on land owned by the municipality or by a |
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nonprofit corporation acting on behalf of an eligible central |
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municipality and that is located within 1,000 feet of a convention |
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center facility owned by the municipality for the payment of bonds |
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or other obligations issued or incurred to acquire, lease, |
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construct, and equip the hotel and any facilities ancillary to the |
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hotel, including convention center entertainment-related |
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facilities, restaurants, shops, and parking facilities within |
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1,000 feet of the hotel or convention center facility. For bonds or |
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other obligations issued under this subsection, an eligible central |
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municipality may only pledge revenue or other assets of the hotel |
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project benefiting from those bonds or other obligations. |
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(c) A municipality to which Subsection (b) applies is |
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entitled to receive all funds from a project described by this |
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section that an owner of a project may receive under Section |
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151.429(h) of this code, or Section 2303.5055, Government Code, and |
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may pledge the funds for the payment of obligations issued under |
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this section. |
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SECTION 4. Section 1504.001(b), Government Code, is amended |
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to read as follows: |
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(b) An eligible central municipality, as defined by Section |
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351.001, Tax Code, may establish, acquire, lease as lessee or |
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lessor, construct, improve, enlarge, equip, repair, operate, or |
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maintain a hotel, and any facilities ancillary to the hotel, |
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including convention center entertainment-related facilities, |
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restaurants, shops, and parking facilities, that are owned by or |
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located on land owned by the municipality or by a nonprofit |
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corporation acting on behalf of the municipality, and that are [is] |
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located within 1,000 feet of a hotel or a convention center facility |
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owned by the municipality. |
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SECTION 5. The change in law made by this Act applies only |
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to revenue derived from the tax to which this section applies that |
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is pledged on or after the effective date of this Act. Revenue |
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pledged before the effective date of this Act is governed by the law |
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in effect when the revenue was pledged, and the former law is |
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continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2009. |