Section 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.(b-1) Notwithstanding Subsection (b), a petition for the establishment of a public improvement district described by Section 372.0035(a) or (a-1) is sufficient only if signed by record owners of taxable real property liable for assessment under the proposal who constitute: (1) more than 60 percent of the appraised value of taxable real property liable for assessment under the proposal, as determined by the current roll of the appraisal district in which the property is located; and (2) more than 60 percent of: (A) all record owners of taxable real property that are liable for assessment under the proposal; or (B) the area of all taxable real property that is liable for assessment under the proposal. (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.Text of subsection as added by Acts 2019, 86th Leg., R.S., Ch. 995 (H.B. 1136), Sec. 2
(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). Tex. Loc. Gov't. Code § 372.0035
Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 644,Sec. 185, eff. 9/1/2023.Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 1271,Sec. 1, eff. 9/1/2019.Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 997,Sec. 1, eff. 9/1/2019.Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 59,Sec. 1, eff. 9/1/2019.Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 994,Sec. 1, eff. 6/14/2019.Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 995,Sec. 2, eff. 6/14/2019.Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 244,Sec. 1, eff. 5/28/2019.Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 60,Sec. 1, eff. 5/20/2019.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 447,Sec. 1, eff. 9/1/2015.Amended by Acts 2013, 83rd Leg. - Regular Session, ch. 1330,Sec. 1, eff. 6/14/2013.Added by Acts 2011, 82nd Leg., R.S., Ch. 970, Sec. 2, eff. 9/1/2011.