By: Stucky (Senate Sponsor - Estes) H.B. No. 2445          (In the Senate - Received from the House May 5, 2017;   May 8, 2017, read first time and referred to Committee on Natural   Resources & Economic Development; May 18, 2017, reported favorably   by the following vote:  Yeas 8, Nays 2, 1 present not voting;   May 18, 2017, sent to printer.)Click here to see the committee vote     A BILL TO BE ENTITLED   AN ACT     relating to the use of municipal hotel occupancy tax revenue in   certain municipalities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   SECTION 1.  Section 351.101(a), Tax Code, as amended by   Chapters 666 (H.B. 3772) and 979 (H.B. 3615), Acts of the 84th   Legislature, Regular Session, 2015, is reenacted and amended to   read as follows:          (a)  Revenue from the municipal hotel occupancy tax may be   used only to promote tourism and the convention and hotel industry,   and that use is limited to the following:                (1)  the acquisition of sites for and the construction,   improvement, enlarging, equipping, repairing, operation, and   maintenance of convention center facilities or visitor information   centers, or both;                (2)  the furnishing of facilities, personnel, and   materials for the registration of convention delegates or   registrants;                (3)  advertising and conducting solicitations and   promotional programs to attract tourists and convention delegates   or registrants to the municipality or its vicinity;                (4)  the encouragement, promotion, improvement, and   application of the arts, including instrumental and vocal music,   dance, drama, folk art, creative writing, architecture, design and   allied fields, painting, sculpture, photography, graphic and craft   arts, motion pictures, radio, television, tape and sound recording,   and other arts related to the presentation, performance, execution,   and exhibition of these major art forms;                (5)  historical restoration and preservation projects   or activities or advertising and conducting solicitations and   promotional programs to encourage tourists and convention   delegates to visit preserved historic sites or museums:                      (A)  at or in the immediate vicinity of convention   center facilities or visitor information centers; or                      (B)  located elsewhere in the municipality or its   vicinity that would be frequented by tourists and convention   delegates;                (6)  for a municipality located in a county with a   population of one million or less, 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;                (7)  subject to Section 351.1076, the promotion of   tourism by the enhancement and upgrading of existing sports   facilities or fields, including facilities or fields for baseball,   softball, soccer, flag football, and rodeos, if:                      (A)  the municipality owns the facilities or   fields;                      (B)  the municipality:                            (i)  has a population of 80,000 or more and   is located in a county that has a population of 350,000 or less;                            (ii)  has a population of at least 75,000 but   not more than 95,000 and is located in a county that has a   population of less than 200,000 but more than 160,000;                            (iii)  has a population of at least 36,000   but not more than 39,000 and is located in a county that has a   population of 100,000 or less that is not adjacent to a county with   a population of more than two million;                            (iv)  has a population of at least 13,000 but   less than 39,000 and is located in a county that has a population of   at least 200,000;                            (v)  has a population of at least 70,000 but   less than 90,000 and no part of which is located in a county with a   population greater than 150,000;                            (vi)  is located in a county that:                                  (a)  is adjacent to the Texas-Mexico   border;                                  (b)  has a population of at least   500,000; and                                  (c)  does not have a municipality with   a population greater than 500,000;                            (vii)  has a population of at least 25,000   but not more than 26,000 and is located in a county that has a   population of 90,000 or less;                            (viii) [(ix)]  is 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; [or]                            (ix) [(x)]  has a population of at least   40,000 and the San Marcos River flows through the municipality; or                            (x)  contains an intersection of Interstates   35E and 35W and at least two public universities; and                      (C)  the sports facilities and fields have been   used, in the preceding calendar year, a combined total of more than   10 times for district, state, regional, or national sports   tournaments;                (8)  for a municipality with a population of at least   70,000 but less than 90,000, no part of which is located in a county   with a population greater than 150,000, the construction,   improvement, enlarging, equipping, repairing, operation, and   maintenance of a coliseum or multiuse facility;                (9)  signage directing the public to sights and   attractions that are visited frequently by hotel guests in the   municipality;                (10)  the construction, improvement, enlarging,   equipping, repairing, operation, and maintenance of a coliseum or   multiuse facility, if the municipality:                      (A)  has a population of at least 90,000 but less   than 120,000; and                      (B)  is located in two counties, at least one of   which contains the headwaters of the San Gabriel River; and                (11)  for a municipality with a population of more than   175,000 but less than 225,000 that is located in two counties, each   of which has a population of less than 200,000, the construction,   improvement, enlarging, equipping, 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.          SECTION 2.  To the extent of any conflict, this Act controls   over another Act of the 85th Legislature, Regular Session, 2017,   relating to nonsubstantive additions to and corrections in enacted   codes.          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, 2017.     * * * * *