2023 Texas Statutes › Local Government Code › Title 12 - Planning and Development › Subtitle A - Municipal Planning and Development › Chapter 372 - Improvement Districts in Municipalities and Counties › Subchapter A. Public Improvement Districts › Section 372.0035. Common Characteristic or Use for Projects in Municipalities

Sec. 372.0035.  COMMON CHARACTERISTIC OR USE FOR PROJECTS IN MUNICIPALITIES.  (a)  This section applies only to:
(1)  a municipality that:
(A)  has a population of more than 900,000 and less than two million;
(B)  has a population of more than 325,000 and less than 625,000;
(C)  has a population of more than 197,000 and less than 200,500;
(D)  has a population of more than 256,000 and less than 257,000;
(E)  has a population of more than 20,000 and is wholly located in a county with a population of more than 62,000 and less than 68,000;
(F)  has a population of more than 200,000 and borders Lake Lewisville;
(G)  has a population of more than 138,000 and is wholly located in a county with a population of less than 265,000; or
(H)  has a population of more than 130,000 and less than 140,000 and is wholly located in a county with a population of more than 900,000; and
(2)  a public improvement district established under this subchapter and solely composed of territory in which the only businesses are:
(A)  hotels with 100 or more rooms ordinarily used for sleeping, if the district is established by a municipality described by Subdivision (1)(A);
(B)  hotels with 75 or more rooms ordinarily used for sleeping, if the district is established by a municipality described by Subdivision (1)(B), (D), (E), (F), (G), or (H); or
(C)  hotels with 10 or more rooms ordinarily used for sleeping, if the district is established by a municipality described by Subdivision (1)(C).
(a-1)  This section applies only to a public improvement district established by a municipality under this subchapter and solely composed of territory in which the only businesses are one or more hotels.
(b)  A municipality may undertake a project that confers a special benefit on areas that share a common characteristic or use. The areas may be noncontiguous.
(c)  This section does not prohibit a municipality from or limit a municipality to establishing a district that includes a noncontiguous area authorized by this subchapter.
(d)  A municipality that undertakes a project under this section may:
(1)  adopt procedures for the collection of assessments under this chapter that are consistent with the municipality's procedures for the collection of a hotel occupancy tax under Chapter 351, Tax Code; and
(2)  pursue remedies for the failure to pay an assessment under this chapter that are available to the municipality for failure to pay a hotel occupancy tax under Chapter 351, Tax Code.
(e)  A district created after September 1, 2019, may undertake a project under this section only for advertising, promotion, or business recruitment, as authorized by Section 372.003(b)(13), directly related to hotels.
(e-1)  A municipality may undertake a project under this section only for a purpose described by Section 372.003(b)(13).
Added by Acts 2011, 82nd Leg., R.S., Ch. 970 (H.B. 1400), Sec. 2, eff. September 1, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1330 (S.B. 660), Sec. 1, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 447 (S.B. 837), Sec. 1, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 59 (S.B. 385), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 60 (S.B. 642), Sec. 1, eff. May 20, 2019.
Acts 2019, 86th Leg., R.S., Ch. 244 (H.B. 1417), Sec. 1, eff. May 28, 2019.
Acts 2019, 86th Leg., R.S., Ch. 994 (H.B. 1135), Sec. 1, eff. June 14, 2019.
Acts 2019, 86th Leg., R.S., Ch. 995 (H.B. 1136), Sec. 1, eff. June 14, 2019.
Acts 2019, 86th Leg., R.S., Ch. 995 (H.B. 1136), Sec. 2, eff. June 14, 2019.
Acts 2019, 86th Leg., R.S., Ch. 997 (H.B. 1474), Sec. 1, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1271 (S.B. 386), Sec. 1, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 185(a), eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 185(b), eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 185(c), eff. September 1, 2023.