|   | 
      
      
        |   | 
      
      
        | 
           		
			 | 
        
          A BILL TO BE ENTITLED
         | 
      
      
        | 
           
			 | 
        
          AN ACT
         | 
      
      
        | 
           
			 | 
        relating to the use of hotel occupancy tax revenue in certain  | 
      
      
        | 
           
			 | 
        municipalities. | 
      
      
        | 
           
			 | 
               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
        | 
           
			 | 
               SECTION 1.  Section 351.101, Tax Code, is amended by adding  | 
      
      
        | 
           
			 | 
        Subsection (j) to read as follows: | 
      
      
        | 
           
			 | 
               (j)  In addition to the purposes provided by Subsection (a),  | 
      
      
        | 
           
			 | 
        a municipality that has a population of not more than 5,000 and at  | 
      
      
        | 
           
			 | 
        least part of which is located less than one-eighth of one mile from  | 
      
      
        | 
           
			 | 
        a space center operated by an agency of the federal government may  | 
      
      
        | 
           
			 | 
        use revenue from the municipal hotel occupancy tax for expenses,  | 
      
      
        | 
           
			 | 
        including promotion expenses, directly related to a sporting event  | 
      
      
        | 
           
			 | 
        in which the majority of participants are tourists who  | 
      
      
        | 
           
			 | 
        substantially increase economic activity at hotels and motels  | 
      
      
        | 
           
			 | 
        within the municipality or its vicinity. | 
      
      
        | 
           
			 | 
               SECTION 2.  Subchapter B, Chapter 351, Tax Code, is amended  | 
      
      
        | 
           
			 | 
        by adding Section 351.1071 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 351.1071.  ALLOCATION OF REVENUE: CERTAIN  | 
      
      
        | 
           
			 | 
        MUNICIPALITIES.  (a)  This section applies only to a municipality: | 
      
      
        | 
           
			 | 
                     (1)  that has a population of not more than 5,000; and | 
      
      
        | 
           
			 | 
                     (2)  at least part of which is located less than  | 
      
      
        | 
           
			 | 
        one-eighth of one mile from a space center operated by an agency of  | 
      
      
        | 
           
			 | 
        the federal government. | 
      
      
        | 
           
			 | 
               (b)  In this section, "authorized facility" means a civic  | 
      
      
        | 
           
			 | 
        center, marina, meeting room, hotel, parking facility, or visitor  | 
      
      
        | 
           
			 | 
        center, including signage related to the facility, that: | 
      
      
        | 
           
			 | 
                     (1)  is owned by the municipality or a nonprofit  | 
      
      
        | 
           
			 | 
        corporation acting on behalf of the municipality; | 
      
      
        | 
           
			 | 
                     (2)  is located not more than 1,000 feet from a hotel  | 
      
      
        | 
           
			 | 
        property in the municipality; and | 
      
      
        | 
           
			 | 
                     (3)  substantially enhances hotel activity and  | 
      
      
        | 
           
			 | 
        encourages tourism within the municipality. | 
      
      
        | 
           
			 | 
               (c)  Subject to Subsection (d) and notwithstanding any other  | 
      
      
        | 
           
			 | 
        provision of this chapter, a municipality to which this section  | 
      
      
        | 
           
			 | 
        applies may use the amount of revenue derived from the application  | 
      
      
        | 
           
			 | 
        of the tax under this chapter at a rate of three percent of the price  | 
      
      
        | 
           
			 | 
        paid for a room in a hotel to: | 
      
      
        | 
           
			 | 
                     (1)  establish, acquire, purchase, construct, improve,  | 
      
      
        | 
           
			 | 
        maintain, or operate an authorized facility; and | 
      
      
        | 
           
			 | 
                     (2)  pay bonds issued for a purpose described by  | 
      
      
        | 
           
			 | 
        Subdivision (1). | 
      
      
        | 
           
			 | 
               (d)  A municipality may not use municipal hotel occupancy tax  | 
      
      
        | 
           
			 | 
        revenue on an authorized facility in a total amount that would  | 
      
      
        | 
           
			 | 
        exceed the amount of that revenue attributable to events at that  | 
      
      
        | 
           
			 | 
        facility for the 15-year period following the completion of  | 
      
      
        | 
           
			 | 
        construction. | 
      
      
        | 
           
			 | 
               (e)  A municipality that uses municipal hotel occupancy tax  | 
      
      
        | 
           
			 | 
        revenue for a purpose authorized by this section shall publish  | 
      
      
        | 
           
			 | 
        annually for the 15-year period following the completion of  | 
      
      
        | 
           
			 | 
        construction at the authorized facility for which the revenue was  | 
      
      
        | 
           
			 | 
        used a report on the Internet website of the municipality that  | 
      
      
        | 
           
			 | 
        lists: | 
      
      
        | 
           
			 | 
                     (1)  for the preceding year, the events held at the  | 
      
      
        | 
           
			 | 
        authorized facility with respect to which the tax revenue was used  | 
      
      
        | 
           
			 | 
        and the number of hotel room nights attributable to those events;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                     (2)  the amount of hotel revenue and municipal hotel  | 
      
      
        | 
           
			 | 
        occupancy tax revenue attributable to events held at the authorized  | 
      
      
        | 
           
			 | 
        facility in that year. | 
      
      
        | 
           
			 | 
               (f)  If a municipality uses municipal hotel occupancy tax  | 
      
      
        | 
           
			 | 
        revenue to establish, acquire, purchase, construct, or improve an  | 
      
      
        | 
           
			 | 
        authorized facility, the municipality shall, on the 5th, 10th, and  | 
      
      
        | 
           
			 | 
        15th anniversaries of the completion of construction at the  | 
      
      
        | 
           
			 | 
        facility: | 
      
      
        | 
           
			 | 
                     (1)  calculate: | 
      
      
        | 
           
			 | 
                           (A)  the sum of: | 
      
      
        | 
           
			 | 
                                 (i)  municipal hotel occupancy tax revenue  | 
      
      
        | 
           
			 | 
        used to maintain or operate the facility in the past five years; | 
      
      
        | 
           
			 | 
                                 (ii)  one-third of the amount of municipal  | 
      
      
        | 
           
			 | 
        hotel occupancy tax revenue used to establish, acquire, purchase,  | 
      
      
        | 
           
			 | 
        construct, or improve the authorized facility; and | 
      
      
        | 
           
			 | 
                                 (iii)  any credits carried over from a  | 
      
      
        | 
           
			 | 
        previous five-year period, as authorized by Subsection (g); and | 
      
      
        | 
           
			 | 
                           (B)  municipal hotel occupancy tax revenue  | 
      
      
        | 
           
			 | 
        directly attributable to events held at the authorized facility in  | 
      
      
        | 
           
			 | 
        the past five years; and | 
      
      
        | 
           
			 | 
                     (2)  if the amount calculated under Subdivision (1)(A)  | 
      
      
        | 
           
			 | 
        exceeds the amount calculated under Subdivision (1)(B), reimburse  | 
      
      
        | 
           
			 | 
        the municipality's hotel occupancy tax revenue fund from the  | 
      
      
        | 
           
			 | 
        municipality's general fund in the amount of the difference. | 
      
      
        | 
           
			 | 
               (g)  If, for a given five-year period, the amount calculated  | 
      
      
        | 
           
			 | 
        under Subsection (f)(1)(B) exceeds the amount calculated under  | 
      
      
        | 
           
			 | 
        Subsection (f)(1)(A), the municipality may carry forward the  | 
      
      
        | 
           
			 | 
        difference to be used as a credit in a subsequent five-year period. | 
      
      
        | 
           
			 | 
               SECTION 3.  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, 2015. |