89th Legislature

HB 3118

Overall Vote Recommendation
No
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 3118, seeks to expand the permissible uses of municipal hotel occupancy tax (HOT) revenue for certain qualifying municipalities. The bill amends Section 351.101(a) of the Texas Tax Code to add new criteria that allow specific municipalities—based on population size, county location, and proximity to key geographic features—to use HOT funds for tourism-related expenditures. These expenditures may include the development and operation of sports facilities, multiuse or coliseum-style venues, visitor signage, and promotional efforts for arts, culture, or historical preservation.

A notable addition in the substitute bill includes a municipality with a population of at least 9,000, located entirely within Travis County (where the State Capitol is situated), and either adjacent to or bisected by State Highway 71. This provision appears specifically crafted to enable cities like Bee Cave or Lakeway to use HOT revenue to support infrastructure or events that increase tourism and hotel occupancy. The bill continues the common Texas legislative practice of narrowly tailoring HOT revenue usage authority to municipalities meeting detailed demographic and geographic criteria, thereby allowing targeted local economic development without broadly expanding state tax policy.

The legislation supports economic growth in smaller and mid-sized cities that serve as regional tourism hubs but may lack the existing statutory authority to direct HOT funds toward projects that attract visitors. By authorizing more flexible and locally relevant uses of these revenues, HB 3118 helps ensure that tourism-related funding is aligned with a municipality’s specific development needs. If passed by a two-thirds vote in both chambers, the bill takes effect immediately; otherwise, it becomes effective on September 1, 2025.

The introduced version of HB 3118 focused on expanding the authorized use of municipal hotel occupancy tax (HOT) revenue for a specific category of municipalities. It proposed to allow cities with a population of at least 19,000 located entirely within Travis County (where the State Capitol is located) to use HOT revenue for tourism-related sporting events, among other qualifying expenditures. This provision appeared to be crafted to benefit certain suburban municipalities near Austin, such as Bee Cave, by enabling them to participate in the same tax-funded tourism development efforts available to similarly situated municipalities across Texas.

The Committee Substitute while retaining the core structure and purpose of the original bill, makes a key revision to the population requirement for the newly qualifying municipality. It lowers the population threshold from 19,000 to 9,000 for municipalities located wholly in the county that contains the State Capitol and that are adjacent to or bisected by State Highway 71. This change significantly expands eligibility, opening access to smaller municipalities that previously did not qualify under the original bill’s narrower criteria. The addition of the State Highway 71 condition further clarifies and geographically narrows the scope, ensuring the bill still targets specific localities with demonstrable tourism-related infrastructure needs.

In addition to this central revision, the Committee Substitute includes stylistic and organizational changes—such as adjusting punctuation and subsection labels—to align the bill with standard legislative drafting practices. It also reflects broader bipartisan support by listing additional coauthors, which suggests enhanced legislative viability.

In summary, while the Committee Substitute preserves the intent of the introduced version—enabling targeted municipalities to use HOT funds for projects that promote tourism and economic activity—it expands eligibility by reducing the population floor and refining geographic qualifications, thereby allowing more communities to benefit from this economic development tool.
Author
Ellen Troxclair
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 3118 is not expected to have any fiscal impact on the state. The bill solely affects how certain qualified municipalities may allocate local hotel occupancy tax (HOT) revenue, which is levied and managed at the municipal level and does not involve state appropriations or revenue.

The bill would allow municipalities that meet specific population and geographic criteria—primarily those located in Travis County, including areas adjacent to State Highway 71—to use their HOT revenues for additional purposes. Specifically, it would authorize a municipality with a population of at least 9,000 to use HOT funds for historical preservation projects and tourism promotion related to historic sites or museums. It also permits a municipality with a population of at least 19,000 to use HOT revenue for recreational facilities and arenas used for events such as rodeos and livestock shows, expanding the types of tourism-generating infrastructure these cities can support.

While the bill may impact local budget decisions by broadening eligible uses of HOT revenue, the LBB notes no significant fiscal implication to local governments. This is likely because the bill does not mandate new expenditures or tax increases; rather, it provides additional flexibility in how existing revenue streams may be allocated. Any financial outcomes would depend on local policy choices and tourism-related development priorities, not on state funding or mandates. In effect, the bill enables targeted economic development opportunities without altering overall revenue flows.

Vote Recommendation Notes

HB 3118 aims to support local economic development by expanding permissible uses of municipal hotel occupancy tax (HOT) revenue for certain municipalities in Travis County, a closer examination raises several policy concerns that warrant a No vote. The bill continues a pattern in Texas tax policy of granting municipality-specific carve-outs based on narrowly drawn population and geographic criteria. Although the intent is to address local growth and tourism needs, this approach contributes to a growing patchwork of exceptions in the Tax Code that undermines consistent, transparent fiscal governance.

The hotel occupancy tax was originally designed to fund projects with a strong and direct nexus to tourism, such as convention centers, visitor information infrastructure, and advertising to attract out-of-town guests. By expanding HOT revenue use to include recreational facilities and rodeo or exposition arenas, the bill risks diverting funds away from projects that are clearly tourism-generating and instead allows them to be spent on facilities with mixed public benefits—many of which primarily serve local residents. This blurring of public purpose dilutes the accountability and original intent of HOT spending, potentially reducing the return on investment and distorting the tax's function as a tourism driver.

Moreover, this bill perpetuates a troubling precedent in which municipalities obtain special legislative treatment through narrowly tailored population brackets and geographic qualifiers. While technically legal, this practice amounts to selective policymaking that favors certain localities over others, inviting inconsistency in tax treatment and complicating the Tax Code. Over time, these targeted carve-outs make the law harder to administer, less equitable, and more susceptible to political favoritism. From a governance standpoint, lawmakers should prioritize uniformity and general applicability in tax policy to avoid setting unsustainable legislative precedents.

Additionally, there are broader fiscal conservative objections. Expanding public subsidy authority—even from earmarked funds like HOT revenue—without direct voter approval can erode local taxpayer accountability. This bill grants municipalities broader discretion to fund large-scale capital projects like arenas without requiring local consent or demonstrating concrete tourism returns. It is not difficult to foresee scenarios where these facilities impose long-term maintenance costs or debt obligations that taxpayers did not explicitly authorize or anticipate. Fiscal discipline and transparent budgeting require more robust safeguards, not more flexible spending categories.

In light of these concerns—erosion of HOT tax integrity, increased fiscal permissiveness, inconsistent statutory application, and questionable alignment with core liberty principles like limited government and personal responsibility—a No vote is the prudent and principled position. While supporting tourism and local development is a valid goal, it should be pursued through consistent, equitable, and accountable mechanisms, not through one-off exceptions that weaken the coherence of state tax policy. Texas Policy Research recommends that lawmakers vote NO on HB 3118.

  • Individual Liberty: The bill does not directly enhance or restrict individual liberty. Residents are not given new rights or stripped of existing ones. However, to the extent that the bill allows local governments to repurpose tax revenue without direct voter approval, it could be seen as weakening individual influence over how public funds are used, particularly in communities where taxpayer consent is expected for large capital investments. Still, this effect is indirect and not a clear-cut infringement on liberty.
  • Personal Responsibility: By enabling municipalities to spend public hotel occupancy tax revenues on expanded categories of local projects—such as recreational facilities or arenas—without requiring voter authorization, the bill may weaken the principle of fiscal accountability. Instead of encouraging cities to prioritize needs based on taxpayer input or raise private capital for amenities that serve local populations, it opens the door for government-led subsidization of projects that may not reflect broad public demand. This risks discouraging both civic engagement and prudent financial stewardship by removing the feedback loop between taxation and public approval.
  • Free Enterprise: While the bill’s proponents may argue that HOT-funded facilities can stimulate local business and tourism, the public subsidization of facilities like rodeo arenas or multiuse venues can distort market competition. Publicly funded recreational infrastructure may compete with private venues or event organizers, giving government-backed projects an artificial advantage. This raises concerns about the proper boundary between public support for tourism and encroachment on private sector opportunity—a key tension within the free enterprise principle.
  • Private Property Rights: HB 3118 does not directly interfere with property ownership or land use. However, the allocation of public resources to specific venues may raise indirect concerns if taxes collected from hotel guests—who may be property owners or entrepreneurs—are used to fund facilities that don’t proportionally benefit them. Still, this effect is minimal and the bill does not compel property use, so the impact on private property rights is considered neutral.
  • Limited Government: This is the area where the bill most clearly deviates from liberty principles. By expanding municipal authority to use hotel occupancy tax revenue for a broader array of purposes—particularly in narrowly defined municipalities—HB 3118 undermines the discipline and restraint central to limited government. It enables select cities to access public funds for projects that may fall outside traditional tourism promotion and does so without requiring a statewide or even local voter mandate. Moreover, it contributes to the proliferation of special legislative carve-outs, complicating uniform application of the law and fostering a more expansive, ad hoc form of governance.
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