2023 Texas Statutes › Tax Code › Title 3 - Local Taxation › Subtitle D - Local Hotel Occupancy Taxes › Chapter 351 - Municipal Hotel Occupancy Taxes › Subchapter B. Use and Allocation of Revenue › Section 351.1066. Allocation of Revenue: Certain Municipalities

Sec. 351.1066.  ALLOCATION OF REVENUE: CERTAIN MUNICIPALITIES.  (a)  This section applies only to:
(1)  a municipality with a population of at least 3,500 but less than 5,500 that is the county seat of a county with a population of less than 50,000 that borders a county with a population of more than 1.6 million;
(2)  a municipality with a population of at least 2,800 but less than 3,500 that is the county seat of a county with a population of less than 22,000 that is bordered by the Trinity River and includes a state park and a portion of a wildlife management area;
(3)  a municipality with a population of at least 8,000 that is located in a county that borders the Pecos River and that has a population of not more than 15,000;
(4)  a municipality with a population of not more than 15,000 that is located in a county through which the Frio River flows and an interstate highway crosses, and that has a population of at least 15,000;
(5)  a municipality with a population of not less than 7,500 that is located in a county with a population of not less than 40,000 but less than 250,000 that is adjacent to a county with a population of less than 750;
(6)  a municipality that is the county seat of a county with a population of at least 8,500 and that county contains part of the Chaparral Wildlife Management Area; and
(7)  a municipality that has a population of not more than 25,000, that contains a cultural heritage museum, and that is located in a county that borders the United Mexican States and the Gulf of Mexico.
(b)  Notwithstanding any other provision of this chapter, a municipality to which this section applies may use all or any portion of the revenue derived from the municipal hotel occupancy tax for:
(1)   the construction, enlarging, equipping, improvement, maintenance, repairing, and operation of a recreational facility to substantially enhance hotel activity and encourage tourism; and
(2)  the construction, enlarging, equipping, improvement, maintenance, repairing, and operation of an arena used for rodeos, livestock shows, and agricultural expositions to substantially enhance hotel activity and encourage tourism.
(c)  A municipality to which this section applies may not use municipal hotel tax revenue to construct or expand a facility described by Subsection (b) in an amount that would exceed the amount of hotel revenue in the area that is likely to be reasonably attributable to events held at that facility during the 15-year period beginning on the date the construction or expansion is completed.
(d)  An independent analyst or consultant hired by the municipality must make the projection required by Subsection (c).
(e)  A municipality that uses municipal hotel occupancy tax revenue under this section shall annually prepare a report that describes:
(1)  the events held during the preceding year at each facility that received municipal hotel occupancy tax revenue from the municipality during that year; and
(2)  the number of hotel room nights, hotel revenue, and municipal hotel occupancy tax revenue attributable to those events.
Added by Acts 2011, 82nd Leg., R.S., Ch. 751 (H.B. 1315), Sec. 1, eff. June 17, 2011.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 666 (H.B. 3772), Sec. 2, eff. June 17, 2015.
Acts 2019, 86th Leg., R.S., Ch. 58 (S.B. 320), Sec. 1, eff. May 20, 2019.
Acts 2019, 86th Leg., R.S., Ch. 999 (H.B. 2199), Sec. 1, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 232, eff. September 1, 2023.