SB 2298 proposes an expansion of the authorized uses of municipal hotel occupancy tax (HOT) revenue by amending Section 351.101(q) of the Texas Tax Code. The bill allows certain municipalities that meet detailed population and geographic criteria to use HOT revenue for the construction, improvement, operation, and maintenance of coliseums, multiuse facilities, or tourism-related venues. This includes hotels, resorts, and convention center facilities located on land owned by the municipality or by a nonprofit acting on its behalf. However, the bill explicitly prohibits these funds from being used for road, street, water, or sewer infrastructure in municipalities described by Section 351.152(75).
In addition, the bill amends Section 351.152 to expand the list of municipalities eligible to access this extended authority over HOT funds. The list includes cities characterized by specific population thresholds, county demographics, proximity to landmarks like Lake Ray Hubbard, the San Gabriel River, or space centers, and those partially located in multiple counties. This bracket-style approach creates tailored eligibility for a broad range of Texas cities without applying a universal standard.
The bill reflects a broader legislative trend of using tourism-generated tax revenue to support economic development and destination-focused infrastructure.
The originally filed version of SB 2298 primarily sought to expand the eligibility of municipalities to use municipal hotel occupancy tax (HOT) revenue under Section 351.101(q), Tax Code. It authorized municipalities that either (1) met the criteria of Section 351.152(65), or (2) had a population of over 10,000 and a city hall located within three miles of a federal space center (within a county of 4 million or more) to use HOT funds for tourism-related infrastructure projects such as hotels, resorts, and convention centers. This version significantly extended the number of qualifying cities by amending Section 351.152 to include detailed population and geographic descriptions for more municipalities.
The Committee Substitute for SB 2298, however, made a key revision to narrow one of the eligibility provisions. It replaced the reference to Section 351.152(65) with a new reference to Section 351.152(75), a provision added in the substitute version. It also included a new limitation that municipalities described by this subsection are explicitly prohibited from using HOT revenue for the construction or maintenance of roads, streets, or water/sewer infrastructure. This change appears designed to prevent overbroad interpretations of the bill’s intent and to align the use of funds more strictly with tourism-promoting infrastructure.
Another significant difference is the sheer expansion in scope. While the originally filed bill included 65 qualifying city criteria under Section 351.152, the substitute version expands this list significantly to include over 75 uniquely bracketed municipalities. This appears to accommodate local stakeholders and target specific city projects for eligibility under the expanded HOT tax provisions.
Overall, the substitute version represents both a broadening of geographic applicability and a modest tightening of permissible uses for HOT funds, reflecting both legislative negotiations and possibly stakeholder feedback on fiscal or policy guardrails.