Texas Tax Code 351.1075 – Allocation of Revenue for the Arts by Certain Municipalities
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(a) This section applies only to a municipality:
(1) a portion of which is designated as a cultural arts district; and
(2) that is the county seat of a county:
(A) described by § 352.002(a)(6);
(B) with a population of less than 50,000; and
(C) that includes a state park and a national wildlife refuge.
(b) Notwithstanding any other provision of this chapter and subject to Subsection (c)(1), a municipality to which this section applies may use not more than 30 percent of the revenue derived from the municipal hotel occupancy tax for the purposes provided by § 351.101(a)(4).
Terms Used In Texas Tax Code 351.1075
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
- Year: means 12 consecutive months. See Texas Government Code 311.005
(c) A municipality to which this section applies that spends more than 15 percent of the hotel occupancy tax revenue collected by the municipality in a fiscal year for the purposes provided by § 351.101(a)(4):
(1) may not in that fiscal year reduce the percentage of hotel occupancy tax revenue that the municipality spends for the purposes described by § 351.101(a)(3) to a percentage that is less than the average percentage of hotel occupancy tax revenue spent by the municipality for those purposes during the 36-month period preceding that fiscal year; and
(2) shall determine for that fiscal year:
(A) the increase in the amount of hotel revenue that is attributable to that expenditure; and
(B) the total amount of hotel occupancy tax revenue spent by the municipality for the purposes provided by § 351.101(a)(4).
(d) If the amount of money determined under Subsection (c)(2)(A) is less than the amount of money determined under Subsection (c)(2)(B), the municipality shall reimburse the municipality’s hotel occupancy tax revenue fund from the municipality’s general fund an amount equal to 50 percent of the difference between those determined amounts.