LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION
 
April 2, 2023

TO:
Honorable Morgan Meyer, Chair, House Committee on Ways & Means
 
FROM:
Jerry McGinty, Director, Legislative Budget Board
 
IN RE:
HB2682 by Cook (Relating to the authority of certain municipalities to receive certain tax revenue derived from a hotel and convention center project and to pledge certain tax revenue for the payment of obligations related to the project.), As Introduced


Estimated Two-year Net Impact to General Revenue Related Funds for HB2682, As Introduced : an impact of $0 through the biennium ending August 31, 2025.

However, there would be a negative impact to General Revenue Related Funds beginning in fiscal year 2027.

General Revenue-Related Funds, Five- Year Impact:

Fiscal Year Probable Net Positive/(Negative) Impact to
General Revenue Related Funds
2024$0
2025$0
2026$0
2027($3,900,000)
2028($4,060,000)

All Funds, Five-Year Impact:

Fiscal Year Probable Revenue Gain/(Loss) from
General Revenue Fund
1
2024$0
2025$0
2026$0
2027($3,900,000)
2028($4,060,000)


Fiscal Analysis

This bill would amend Chapter 351 of the Tax Code, relating to Municipal Hotel Occupancy Taxes, to add to Section 351.152(46), a municipality with a population of 70,000 or more but less than 150,000 that borders Joe Pool Lake, to the list of municipalities that are entitled to receive certain tax revenue derived from a hotel and convention center project and to pledge certain revenue for the payment of obligations related to the project.

The bill would amend Section 351.157(b) to add (13), a municipality described by Section 351.152(46) (a municipality with a population of 70,000 or more but less than 150,000 that borders Joe Pool Lake); and Section 351.157(c) to add (13) (for a municipality described by (b)(13)), restaurants, bars, retail establishments, and swimming pools and swimming facilities owned or operated by the qualified hotel.

Methodology

The bill's provisions would affect the city of Mansfield.

Mansfield would be eligible to receive funds described in Sections 351.156, relating to Entitlement to Certain Tax Revenue, and 351.157, relating to Additional Entitlement for Certain Municipalities, which provides, in relevant part, that a municipality to which Section 351.152 applies is entitled to receive from the qualified hotel and each restaurant, bar, and retail establishment located in or connected to the hotel or the related qualified convention center facility, the state sales and use tax and the state hotel occupancy tax.  Section 351.157(d) provides, in relevant part, that a municipality to which the section applies is entitled to receive the revenue derived from the state sales and use taxes, and local mixed beverage taxes generated, paid, and collected from a qualified establishment. Section 351.158, relating to Period of Entitlement, would entitle Mansfield to receive the revenue until the tenth anniversary of the date the qualified hotel to which the entitlement relates is open for initial occupancy.

The city of Mansfield has plans for a qualified hotel with the additional entitlement from restaurants, bars, retail establishments, swimming pools and swimming facilities as provided under Section 351.157 and could avail itself of the tax rebates should eligibility be acquired through this legislation. The estimate is based on a projected opening date of September 1, 2026, or state fiscal year 2027, a comparison and review of revenues paid to the owners of extant qualified hotel projects, and estimated attributes of such prospective hotel.


Local Government Impact

The bill's provisions would affect the city of Mansfield.

Mansfield would be eligible to receive funds described in Sections 351.156 and 351.157 which provides, in relevant part, that a municipality to which Section 351.152 applies is entitled to receive from the qualified hotel and each restaurant, bar, and retail establishment located in or connected to the hotel or the related qualified convention center facility, the state sales and use tax and the state hotel occupancy tax.


Source Agencies:
304 Comptroller of Public Accounts
LBB Staff:
JMc, KK, SD, BRI