Texas Statutes
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.
Text of subsection as amended by Acts 2019, 86th Leg., R.S., Ch. 60 (S.B. 642), Sec. 1
(a) This section applies only to:
(1) a municipality that:
(A) has a population of more than 650,000 and less than two million;
(B) has a population of more than 325,000 and less than 625,000; or
(C) has a population of more than 200,000 and less than 225,000; 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); or
(B) hotels with 75 or more rooms ordinarily used for sleeping, if the district is established by a municipality described by Subdivision (1)(B) or (C).
Text of subsection as amended by Acts 2019, 86th Leg., R.S., Ch. 244 (H.B. 1417), Sec. 1
(a) This section applies only to:
(1) a municipality that:
(A) has a population of more than 650,000 and less than two million;
(B) has a population of more than 325,000 and less than 625,000; or
(C) has a population of more than 20,000 and is wholly located in a county with a population of more than 55,000 and less than 65,000; 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); or
(B) hotels with 75 or more rooms ordinarily used for sleeping, if the district is established by a municipality described by Subdivision (1)(B) or (C).
Text of subsection as amended by Acts 2019, 86th Leg., R.S., Ch. 994 (H.B. 1135), Sec. 1
(a) This section applies only to:
(1) a municipality that:
(A) has a population of more than 650,000 and less than two million;
(B) has a population of more than 325,000 and less than 625,000; or
(C) has a population of more than 180,000 and less than 200,000; 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); 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).
Text of subsection as amended by Acts 2019, 86th Leg., R.S., Ch. 995 (H.B. 1136), Sec. 2
(a) 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.
Text of subsection as amended by Acts 2019, 86th Leg., R.S., Ch. 59 (S.B. 385), Sec. 1
(a) This section applies only to:
(1) a municipality that:
(A) has a population of more than 650,000 and less than two million;
(B) has a population of more than 325,000 and less than 625,000; or
(C) has a population of more than 115,000 and borders Lake Lewisville; 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); or
(B) hotels with 75 or more rooms ordinarily used for sleeping, if the district is established by a municipality described by Subdivision (1)(B) or (C).
Text of subsection as amended by Acts 2019, 86th Leg., R.S., Ch. 997 (H.B. 1474), Sec. 1
(a) This section applies only to:
(1) a municipality that:
(A) has a population of more than 650,000 and less than two million;
(B) has a population of more than 325,000 and less than 625,000; or
(C) has a population of more than 105,000 and is wholly located in a county with a population of less than 250,000; 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); or
(B) hotels with 75 or more rooms ordinarily used for sleeping, if the district is established by a municipality described by Subdivision (1)(B) or (C).
Text of subsection as amended by Acts 2019, 86th Leg., R.S., Ch. 1271 (S.B. 386), Sec. 1
(a) This section applies only to:
(1) a municipality that:
(A) has a population of more than 650,000 and less than two million;
(B) has a population of more than 325,000 and less than 625,000; or
(C) has a population of more than 100,000 and less than 125,000 and is wholly located in a county with a population of more than 650,000; 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); or
(B) hotels with 75 or more rooms ordinarily used for sleeping, if the district is established by a municipality described by Subdivision (1)(B) or (C).
(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.
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.
Text of subsection as added by Acts 2019, 86th Leg., R.S., Chs. 59 (S.B. 385), Sec. 1, and 1271 (S.B. 386), Sec. 1
(e) A municipality described by Subsection (a)(1)(C) may undertake a project under this section only for a purpose described by Section 372.003(b)(13).
Text of subsection as added by Acts 2019, 86th Leg., R.S., Ch. 997 (H.B. 1474), Sec. 1
(e) 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.