Bill Text: TX HB4682 | 2025-2026 | 89th Legislature | Comm Sub
Bill Title: Relating to the use of municipal hotel occupancy tax revenue and certain tax revenue derived from a hotel and convention center project by certain municipalities.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced) 2025-05-13 - Placed on General State Calendar [HB4682 Detail]
Download: Texas-2025-HB4682-Comm_Sub.html
| 89R25166 RDS-F | |||
| By: Leach | H.B. No. 4682 | ||
| Substitute the following for H.B. No. 4682: | |||
| By: Button | C.S.H.B. No. 4682 | ||
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| relating to the use of municipal hotel occupancy tax revenue and | ||
| certain tax revenue derived from a hotel and convention center | ||
| project by certain municipalities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 351.101(q), Tax Code, is amended to read | ||
| as follows: | ||
| (q) In addition to the purposes provided by Subsections (a) | ||
| and (e), a municipality described by Section 351.152(75) or a | ||
| municipality with a population of more than 10,000 that has a city | ||
| hall located less than three miles from a space center operated by | ||
| an agency of the federal government and that is wholly located in a | ||
| county with a population of four million or more may use revenue | ||
| from the hotel occupancy tax for the construction, improvement, | ||
| enlarging, equipping, renovating, repairing, operation, and | ||
| maintenance of a coliseum or multiuse facility and related | ||
| infrastructure or a venue, as defined by Section 334.001(4), Local | ||
| Government Code, that is related to the promotion of tourism, | ||
| including a hotel, resort, or convention center facility located on | ||
| land owned by the municipality or a nonprofit corporation acting on | ||
| behalf of the municipality. This subsection does not authorize a | ||
| municipality described by Section 351.152(75) to use revenue from | ||
| the hotel occupancy tax for the construction, improvement, | ||
| enlarging, equipping, renovating, repairing, operation, or | ||
| maintenance of a road, street, or water or sewer facility. | ||
| SECTION 2. Section 351.152, Tax Code, is amended to read as | ||
| follows: | ||
| Sec. 351.152. APPLICABILITY. This subchapter applies only | ||
| to: | ||
| (1) a municipality described by Section | ||
| 351.001(7)(B); | ||
| (2) a municipality described by Section | ||
| 351.001(7)(D); | ||
| (3) a municipality described by Section | ||
| 351.001(7)(E); | ||
| (4) a municipality described by Section | ||
| 351.102(e)(3); | ||
| (5) a municipality that contains more than 70 percent | ||
| of the population of a county with a population of 1.5 million or | ||
| more; | ||
| (6) a municipality with a population of 175,000 or | ||
| more but less than 200,000 that is partially located in at least one | ||
| county with a population of 125,000 or more; | ||
| (7) a municipality with a population of 250,000 or | ||
| more but less than one million that is located in one county with a | ||
| population of 2.5 million or more; | ||
| (8) a municipality with a population of 180,000 or | ||
| more that: | ||
| (A) is located in two counties, each with a | ||
| population of 100,000 or more; and | ||
| (B) contains an American Quarter Horse Hall of | ||
| Fame and Museum; | ||
| (9) a municipality with a population of 96,000 or more | ||
| that is located in a county that borders Lake Palestine; | ||
| (10) a municipality with a population of 96,000 or | ||
| more that is located in a county that contains the headwaters of the | ||
| San Gabriel River; | ||
| (11) a municipality with a population of at least | ||
| 95,000 that is located in a county that is bisected by United States | ||
| Highway 385 and has a population of not more than 170,000; | ||
| (12) a municipality with a population of 110,000 or | ||
| more but less than 135,000 at least part of which is located in a | ||
| county with a population of less than 135,000; | ||
| (13) a municipality with a population of 28,000 or | ||
| more but less than 31,000 that is located in two counties, each of | ||
| which has a population of 900,000 or more and a southern border with | ||
| a county with a population of 2.5 million or more; | ||
| (14) a municipality with a population of 200,000 or | ||
| more but less than 300,000 that contains a component institution of | ||
| the Texas Tech University System; | ||
| (15) a municipality with a population of 95,000 or | ||
| more that: | ||
| (A) is located in more than one county; and | ||
| (B) borders Lake Lewisville; | ||
| (16) a municipality with a population of 45,000 or | ||
| more that: | ||
| (A) contains a portion of Cedar Hill State Park; | ||
| (B) is located in two counties, one of which has a | ||
| population of 2.5 million or more and one of which has a population | ||
| of 190,000 or more; and | ||
| (C) has adopted a capital improvement plan for | ||
| the construction or expansion of a convention center facility; | ||
| (17) a municipality with a population of less than | ||
| 10,000 that: | ||
| (A) is almost wholly located in a county with a | ||
| population of 900,000 or more that is adjacent to a county with a | ||
| population of 2.5 million or more; | ||
| (B) is partially located in a county with a | ||
| population of 2.1 million or more that is adjacent to a county with | ||
| a population of 2.5 million or more; | ||
| (C) has a visitor center and museum located in a | ||
| 19th-century rock building in the municipality's downtown; and | ||
| (D) has a waterpark open to the public; | ||
| (18) a municipality with a population of 60,000 or | ||
| more that: | ||
| (A) borders Lake Ray Hubbard; and | ||
| (B) is located in two counties, one of which has a | ||
| population of less than 110,000; | ||
| (19) a municipality with a population of 110,000 or | ||
| more that: | ||
| (A) borders Clear Lake; and | ||
| (B) is primarily located in a county with a | ||
| population of less than 355,000; | ||
| (20) a municipality with a population of less than | ||
| 2,000 that: | ||
| (A) is located adjacent to a bay connected to the | ||
| Gulf of Mexico; | ||
| (B) is located in a county with a population of | ||
| 290,000 or more that is adjacent to a county with a population of | ||
| four million or more; and | ||
| (C) has a boardwalk on the bay; | ||
| (21) a municipality with a population of 75,000 or | ||
| more that: | ||
| (A) is located wholly in one county with a | ||
| population of 800,000 or more that is adjacent to a county with a | ||
| population of four million or more; and | ||
| (B) has adopted a capital improvement plan for | ||
| the construction or expansion of a convention center facility; | ||
| (22) a municipality with a population of less than | ||
| 70,000 that is located in three counties, at least one of which has | ||
| a population of four million or more; | ||
| (23) an eligible coastal municipality with a | ||
| population of 2,900 or more but less than 5,000; | ||
| (24) a municipality with a population of 90,000 or | ||
| more but less than 150,000 that: | ||
| (A) is located in three counties; and | ||
| (B) contains a branch campus of a component | ||
| institution of the University of Houston System; | ||
| (25) a municipality that is: | ||
| (A) primarily located in a county with a | ||
| population of four million or more; and | ||
| (B) connected by a bridge to a municipality | ||
| described by Subdivision (20); | ||
| (26) a municipality with a population of 25,000 or | ||
| more but less than 30,000 that: | ||
| (A) contains a portion of Mustang Bayou; and | ||
| (B) is wholly located in a county with a | ||
| population of less than 500,000; | ||
| (27) a municipality with a population of 70,000 or | ||
| more but less than 90,000 that is located in two counties, one of | ||
| which has a population of four million or more and the other of | ||
| which has a population of less than 50,000; | ||
| (28) a municipality with a population of 10,000 or | ||
| more that: | ||
| (A) is wholly located in a county with a | ||
| population of four million or more; and | ||
| (B) has a city hall located less than three miles | ||
| from a space center operated by an agency of the federal government; | ||
| (29) a municipality that is the county seat of a | ||
| county: | ||
| (A) through which the Pedernales River flows; and | ||
| (B) in which the birthplace of a president of the | ||
| United States is located; | ||
| (30) a municipality that contains a portion of U.S. | ||
| Highway 79 and State Highway 130; | ||
| (31) a municipality with a population of 70,000 or | ||
| more but less than 115,000 that is located in two counties, one of | ||
| which has a population of 1.1 million or more but less than 1.9 | ||
| million; | ||
| (32) a municipality with a population of less than | ||
| 25,000 that contains a museum of Western American art; | ||
| (33) a municipality with a population of 50,000 or | ||
| more that is the county seat of a county that contains a portion of | ||
| the Sam Houston National Forest; | ||
| (34) a municipality with a population of less than | ||
| 25,000 that: | ||
| (A) contains a cultural heritage museum; and | ||
| (B) is located in a county that borders the | ||
| United Mexican States and the Gulf of Mexico; | ||
| (35) a municipality that is the county seat of a county | ||
| that: | ||
| (A) has a population of 115,000 or more; | ||
| (B) is adjacent to a county with a population of | ||
| 2.1 million or more; and | ||
| (C) hosts an annual peach festival; | ||
| (36) a municipality that is the county seat of a county | ||
| that: | ||
| (A) has a population of 800,000 or more; and | ||
| (B) is adjacent to a county with a population of | ||
| four million or more; | ||
| (37) a municipality with a population of less than | ||
| 10,000 that: | ||
| (A) contains a component university of The Texas | ||
| A&M University System; and | ||
| (B) is located in a county adjacent to a county | ||
| that borders Oklahoma; | ||
| (38) a municipality with a population of less than | ||
| 17,000 that: | ||
| (A) is located in two counties, each of which has | ||
| a population of 900,000 or more but less than two million; and | ||
| (B) hosts an annual Cajun Festival; | ||
| (39) a municipality with a population of 13,000 or | ||
| more that: | ||
| (A) is located on an international border; and | ||
| (B) is located in a county: | ||
| (i) with a population of less than 400,000; | ||
| and | ||
| (ii) in which at least one World Birding | ||
| Center site is located; | ||
| (40) a municipality with a population of 3,200 or more | ||
| that: | ||
| (A) is located on an international border; and | ||
| (B) is located not more than five miles from a | ||
| state historic site that serves as a visitor center for a state park | ||
| that contains 300,000 or more acres of land; | ||
| (41) a municipality with a population of 36,000 or | ||
| more that is adjacent to at least two municipalities described by | ||
| Subdivision (15); | ||
| (42) a municipality with a population of 28,000 or | ||
| more that is located in a county with a population of 240,000 or | ||
| more that contains a portion of the Blanco River and in which is | ||
| located a historic railroad depot and heritage center; | ||
| (43) a municipality located in a county that has a | ||
| population of not more than 300,000 and in which a component | ||
| university of the University of Houston System is located; | ||
| (44) a municipality with a population of less than | ||
| 500,000 that is: | ||
| (A) located in two counties; and | ||
| (B) adjacent to a municipality described by | ||
| Subdivision (31); | ||
| (45) a municipality that: | ||
| (A) has a population of more than 67,000; and | ||
| (B) is located in two counties with 90 percent of | ||
| the municipality's territory located in a county with a population | ||
| of at least 800,000, and the remaining territory located in a county | ||
| with a population of at least four million; | ||
| (46) a municipality that: | ||
| (A) has a population of 100,000 or more; and | ||
| (B) is wholly located in, but is not the county | ||
| seat of, a county with a population of one million or more: | ||
| (i) in which all or part of a municipality | ||
| with a population of one million or more is located; and | ||
| (ii) that is adjacent to a county with a | ||
| population of 2.5 million or more; | ||
| (47) a municipality that is the county seat of a county | ||
| bordering the Gulf of Mexico and the United Mexican States; | ||
| (48) a municipality that is bisected by the Guadalupe | ||
| River and is the county seat of a county with a population of | ||
| 170,000 or more; | ||
| (49) a municipality with a population of 70,000 or | ||
| more but less than 150,000 that borders Joe Pool Lake; | ||
| (50) a municipality with a population of 115,000 or | ||
| more that borders the Neches River; | ||
| (51) a municipality described by Section 351.101(k); | ||
| (52) a municipality that is the county seat of a | ||
| county: | ||
| (A) through which the Brazos River flows; and | ||
| (B) in which a national monument is located; | ||
| (53) a municipality with a population of 45,000 or | ||
| more that: | ||
| (A) is not the county seat of a county; | ||
| (B) is located in a single county; and | ||
| (C) contains a portion of Lake Lewisville; | ||
| (54) a municipality that is the county seat of a county | ||
| with a population of more than 900,000 that is adjacent to two | ||
| counties, each of which has a population of more than 1.8 million; | ||
| (55) a municipality that hosts an annual wine festival | ||
| and is located in three counties, each of which has a population of | ||
| more than 900,000; | ||
| (56) a municipality that has a population of at least | ||
| 150,000 but less than 1,300,000 and is partially located in a county | ||
| that contains a portion of Cedar Creek Reservoir; | ||
| (57) a municipality that is located in a county that | ||
| contains a portion of Cedar Creek Reservoir and in which a private | ||
| college is located; | ||
| (58) a municipality that is the county seat of a | ||
| county: | ||
| (A) with a population of one million or more; | ||
| (B) in which all or part of a municipality with a | ||
| population of one million or more is located; and | ||
| (C) that is located adjacent to a county with a | ||
| population of 2.5 million or more; | ||
| (59) a municipality that is the county seat of a county | ||
| that contains a portion of Cedar Creek Reservoir and borders a | ||
| county with a population of more than 240,000; | ||
| (60) a municipality with a population of more than | ||
| 80,000 but less than 150,000 that is located in a county with a | ||
| population of more than 369,000 but less than 864,000 that contains | ||
| part of an active duty United States Army installation; | ||
| (61) a municipality with a population of 750,000 or | ||
| more that is located in a county with a population of 1.5 million or | ||
| less; | ||
| (62) a municipality with a population of less than | ||
| 7,000 that contains a country music hall of fame; | ||
| (63) a municipality with a population of 35,000 or | ||
| more that contains a railroad museum and is located in a county | ||
| that: | ||
| (A) has a population of 800,000 or more; and | ||
| (B) is adjacent to a county with a population of | ||
| four million or more; [ |
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| (64) a municipality: | ||
| (A) that is the county seat of a county: | ||
| (i) with a population of 60,000 or less; and | ||
| (ii) that borders the Rio Grande; and | ||
| (B) in which is located a United States military | ||
| fort listed in the National Register of Historic Places; and | ||
| (75) a municipality with a population of more than | ||
| 285,000 that is wholly located in two counties, each with a | ||
| population of more than 900,000. | ||
| SECTION 3. Section 351.161(a), Tax Code, as added by | ||
| Chapter 1030 (S.B. 627), Acts of the 88th Legislature, Regular | ||
| Session, 2023, is amended to read as follows: | ||
| (a) This section applies only to a municipality described by | ||
| Section 351.152(5) or (75). | ||
| 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 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, 2025. | ||
