|
|
|
|
AN ACT
|
|
relating to the use of certain tax revenue to enhance and upgrade |
|
convention center facilities, multipurpose arenas, venues, and |
|
related infrastructure in certain municipalities. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter B, Chapter 351, Tax Code, is amended |
|
by adding Section 351.1015 to read as follows: |
|
Sec. 351.1015. CERTAIN QUALIFIED PROJECTS. (a) In this |
|
section: |
|
(1) "Base year amount" means the amount of |
|
hotel-associated revenue collected in a project financing zone |
|
during the calendar year in which a municipality designates the |
|
zone. |
|
(2) "Hotel-associated revenue" means the sum of: |
|
(A) state tax revenue collected in a project |
|
financing zone from all hotels located in the zone that would be |
|
available to the owners of qualified hotel projects under Section |
|
151.429(h) if the hotels were qualified hotel projects, excluding |
|
the amount of that revenue received by a municipality under Section |
|
351.102(c) for a hotel project described by Section 351.102(b) and |
|
located in the zone that exists on the date the municipality |
|
designates the zone; and |
|
(B) tax revenue collected from all permittees |
|
under Chapter 183 at hotels located in the zone, excluding revenue |
|
disbursed by the comptroller under Section 183.051(b). |
|
(3) "Incremental hotel-associated revenue" means the |
|
amount in any calendar year by which hotel-associated revenue, |
|
including hotel-associated revenue from hotels built in the project |
|
financing zone after the year in which a municipality designates |
|
the zone, exceeds the base year amount. |
|
(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 within a |
|
three-mile radius of the center of a qualified project; |
|
(C) the designation of which specifies the |
|
longitude and latitude of the center of the qualified project; and |
|
(D) the designation of which expires not later |
|
than the 30th anniversary of the date of designation. |
|
(5) "Qualified project" means: |
|
(A) a convention center facility; or |
|
(B) a multipurpose arena or venue that includes a |
|
livestock facility and is located within or adjacent to a |
|
recognized cultural district, and any related infrastructure, that |
|
is: |
|
(i) located on land owned by a municipality |
|
or by the owner of the venue; |
|
(ii) partially financed by private |
|
contributions that equal not less than 40 percent of the project |
|
costs; and |
|
(iii) related to the promotion of tourism |
|
and the convention and hotel industry. |
|
(6) "Venue" and "related infrastructure" have the |
|
meanings assigned by Section 334.001, Local Government Code. |
|
(b) This section applies only to a qualified project located |
|
in a municipality with a population of at least 650,000 but less |
|
than 750,000 according to the most recent federal decennial census. |
|
(c) In addition to the uses provided by Section 351.101, |
|
revenue from the municipal hotel occupancy tax may be used to fund a |
|
qualified project. |
|
(d) A municipality may pledge the revenue derived from the |
|
tax imposed under this chapter from a hotel located in the project |
|
financing zone for the payment of bonds or other obligations issued |
|
or incurred to acquire, lease, construct, improve, enlarge, and |
|
equip the qualified project. |
|
(e) A municipality may pledge for the payment of bonds or |
|
other obligations described by Subsection (d) the local revenue |
|
from eligible tax proceeds as defined by Section 2303.5055(e), |
|
Government Code, from hotels located in a project financing zone |
|
that would be available to the owners of qualified hotel projects |
|
under that section if the hotels were qualified hotel projects, |
|
excluding any amount received by the municipality for a hotel |
|
project described by Section 351.102(b) and located in the zone |
|
that exists on the date the municipality designates the zone. |
|
(f) A municipality shall notify the comptroller of the |
|
municipality's designation of a project financing zone not later |
|
than the 30th day after the date the municipality designates the |
|
zone. Notwithstanding other law, the municipality is entitled to |
|
receive the incremental hotel-associated revenue from the project |
|
financing zone for the period beginning on the first day of the year |
|
after the year in which the municipality designates the zone and |
|
ending on the last day of the month during which the designation |
|
expires. The municipality may pledge the revenue for the payment of |
|
bonds or other obligations described by Subsection (d). |
|
(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, the comptroller shall transfer the money in the account to |
|
the general revenue fund and cease making deposits to the account. |
|
(h) The comptroller may estimate the amount of incremental |
|
hotel-associated revenue that will be deposited to a suspense |
|
account under Subsection (g) during each calendar year. The |
|
comptroller may make deposits to the account and the municipality |
|
may request disbursements from the account on a monthly basis based |
|
on the estimate. At the end of each calendar year, the comptroller |
|
shall adjust the deposits and disbursements to reflect the amount |
|
of revenue actually deposited to the account during the calendar |
|
year. |
|
(i) A municipality shall notify the comptroller if the |
|
qualified project in the project financing zone is abandoned. If |
|
the qualified project is abandoned, the comptroller shall transfer |
|
to the general revenue fund the amount of money in the suspense |
|
account that exceeds the amount required for the payment of bonds or |
|
other obligations described by Subsection (d). |
|
SECTION 2. Subsection (a), Section 351.1065, Tax Code, is |
|
amended to read as follows: |
|
(a) An eligible central municipality shall use the amount of |
|
revenue from the tax that is derived from the application of the tax |
|
at a rate of more than seven percent of the cost of a room only for: |
|
(1) the construction of an expansion of an existing |
|
convention center facility; [and] |
|
(2) a qualified project to which Section 351.1015 |
|
applies; and |
|
(3) pledging payment of revenue bonds and revenue |
|
refunding bonds issued under Subchapter A, Chapter 1504, Government |
|
Code, for the construction or qualified project [of the expansion]. |
|
SECTION 3. This Act takes effect September 1, 2013. |
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 748 passed the Senate on |
|
April 4, 2013, by the following vote: Yeas 31, Nays 0; and that the |
|
Senate concurred in House amendment on May 9, 2013, by the following |
|
vote: Yeas 26, Nays 4. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 748 passed the House, with |
|
amendment, on May 2, 2013, by the following vote: Yeas 147, Nays 0, |
|
two present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |