By: Tepper H.B. No. 2313
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of certain municipalities to use certain
  tax revenue for certain qualified projects.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 351.1015, Tax Code, is amended by adding
  Subsection (a-1) and amending Subsection (g) to read as follows:
         (a-1)  Notwithstanding Subsections (a)(5) and (6), with
  respect to a qualified project located in a municipality described
  by Subsection (b)(7), the term "venue" does not include a facility
  used primarily for the performing arts, including a theater, opera
  house, music hall, or rehearsal hall.
         (g)  The comptroller shall deposit incremental
  hotel-associated revenue collected by or forwarded to the
  comptroller in a separate suspense account to be held in trust for
  the municipality that is entitled to receive the revenue.  The
  suspense account is outside the state treasury, and the comptroller
  may make a payment authorized by this section from the account
  without the necessity of an appropriation.  The comptroller shall
  begin making payments from the suspense account to the municipality
  for which the money is held on the date the qualified project in the
  project financing zone is commenced.  If the qualified project is
  not commenced by the fifth anniversary of the first deposit to the
  account or, for a suspense account held in trust for a municipality
  described by Subsection (b)(7), by the third anniversary of the
  first deposit in the account, the comptroller shall transfer the
  money in the account to the general revenue fund and cease making
  deposits to the account.
         SECTION 2.  Section 351.1015(a)(4), Tax Code, is amended to
  read as follows:
               (4)  "Project financing zone" means an area within a
  municipality:
                     (A)  that the municipality by ordinance or by
  agreement under Chapter 380, Local Government Code, designates as a
  project financing zone;
                     (B)  the boundaries of which are:
                           (i)  within a three-mile radius of the
  center of a qualified project; or
                           (ii)  if designated by a municipality
  described by Section 351.001(7)(B) on or before December 31, 2024,
  a continuous geographic area the total area of which is less than or
  equal to the maximum area allowed under Subparagraph (i) that
  contains the qualified project;
                     (C)  the designation of which specifies:
                           (i)  for a zone the boundaries of which are
  prescribed by Paragraph (B)(i), the longitude and latitude of the
  center of the qualified project; or
                           (ii)  for a zone the boundaries of which are
  prescribed by Paragraph (B)(ii), the exact boundaries of the zone;
  and
                     (D)  the designation of which expires not later
  than the 30th anniversary of the date of designation.
         SECTION 3.  Section 351.1015(b), Tax Code, as amended by
  Chapters 644 (H.B. 4559), 779 (H.B. 5012), 927 (S.B. 2220), and 1110
  (S.B. 1057), Acts of the 88th Legislature, Regular Session, 2023,
  is reenacted and amended to read as follows:
         (b)  This section applies only to a qualified project located
  in:
               (1)  a municipality with a population of at least
  700,000 but less than 950,000 according to the most recent federal
  decennial census; [or]
               (2)  a municipality that contains more than 70 percent
  of the population of a county with a population of 1.5 million or
  more;
               (3) [(2)]  a municipality described by Section
  351.001(7)(B);
               (4)  [or
               [(3)]  a municipality described by Section
  351.152(61);
               (5) [(2)]  a municipality with a population of at least
  two million;
               (6)  a municipality described by Section 351.152(14)
  with a population of more than 250,000; or
               (7)  a municipality described by Section 351.152(15)
  that has a population of 200,000 or more.
         SECTION 4.  To the extent of any conflict, this Act prevails
  over another Act of the 89th Legislature, Regular Session, 2025,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 5.  This Act takes effect September 1, 2025.