Bill Text: TX HB5321 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the authority of the East Montgomery County Improvement District 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.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2023-05-21 - Left pending in committee [HB5321 Detail]
Download: Texas-2023-HB5321-Engrossed.html
| By: Bell of Montgomery | H.B. No. 5321 | |
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| relating to the authority of the East Montgomery County Improvement | ||
| District 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. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 3846, Special District Local Laws Code, | ||
| is amended by adding Subchapter K to read as follows: | ||
| SUBCHAPTER K. HOTEL AND CONVENTION CENTER PROJECTS | ||
| Sec. 3846.501. DEFINITIONS. (a) In this subchapter, | ||
| "qualified convention center facility," "qualified hotel," and | ||
| "qualified project" have the meanings assigned by Section 351.151, | ||
| Tax Code. | ||
| (b) Notwithstanding Section 351.157(a), Tax Code, for | ||
| purposes of a qualified project of the district, "qualified | ||
| establishment" means an establishment: | ||
| (1) that is: | ||
| (A) a restaurant, bar, or retail establishment; | ||
| (B) located on land owned by any person; and | ||
| (C) constructed on or after the date the district | ||
| commences a qualified project under this subchapter; and | ||
| (2) the nearest exterior wall of which is located not | ||
| more than 1,000 feet from the nearest exterior wall of a qualified | ||
| convention center facility or qualified hotel. | ||
| Sec. 3846.502. HOTEL AND CONVENTION CENTER PROJECTS. (a) | ||
| The board by order may authorize proceeds from the hotel occupancy | ||
| tax imposed under Subchapter J of this chapter to be used for a | ||
| qualified project under Subchapter C, Chapter 351, Tax Code. The | ||
| use authorized by this subsection is in addition to any other use | ||
| authorized by law. | ||
| (b) If the board adopts an order described by Subsection | ||
| (a): | ||
| (1) a reference in Subchapter C, Chapter 351, Tax | ||
| Code, to a municipality is a reference to the district; and | ||
| (2) the district is considered to be a municipality | ||
| for purposes of Subchapter C, Chapter 351, Tax Code, with the same | ||
| rights, privileges, and responsibilities as a municipality under | ||
| that subchapter, including the ability to pledge or commit revenue | ||
| under Section 351.155, Tax Code, for bonds or other obligations | ||
| issued for a qualified project or contractual obligations for a | ||
| qualified project and to receive certain tax revenue under Sections | ||
| 351.156 and 351.157, Tax Code. | ||
| (c) Notwithstanding any other law, including a provision of | ||
| Subchapter C, Chapter 351, Tax Code: | ||
| (1) the qualified convention center facility and | ||
| qualified hotel associated with a qualified project of the district | ||
| may be located on land owned by any person; and | ||
| (2) the district may not pledge or commit revenue for | ||
| more than one qualified project. | ||
| (d) In the event of a conflict between this section and | ||
| another provision of this chapter, this section controls. | ||
| (e) The comptroller may adopt rules necessary to implement | ||
| and administer this section. | ||
| SECTION 2. (a) The legal notice of the intention to | ||
| introduce this Act, setting forth the general substance of this | ||
| Act, has been published as provided by law, and the notice and a | ||
| copy of this Act have been furnished to all persons, agencies, | ||
| officials, or entities to which they are required to be furnished | ||
| under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
| Government Code. | ||
| (b) The governor, one of the required recipients, has | ||
| submitted the notice and Act to the Texas Commission on | ||
| Environmental Quality. | ||
| (c) The Texas Commission on Environmental Quality has filed | ||
| its recommendations relating to this Act with the governor, | ||
| lieutenant governor, and speaker of the house of representatives | ||
| within the required time. | ||
| (d) All requirements of the constitution and laws of this | ||
| state and the rules and procedures of the legislature with respect | ||
| to the notice, introduction, and passage of this Act have been | ||
| fulfilled and accomplished. | ||
| 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, 2023. | ||
