Tex. Tax Code Section 351.103
Allocation of Revenue: General Rule


(a)

A municipality with a population of less than 200,000 shall allocate for the purposes provided by Section 351.101 (Use of Tax Revenue)(a)(3) an amount of hotel occupancy tax revenue collected by the municipality that is not less than the amount of revenue received by the municipality from the tax at a rate of one percent of the cost of a room.

(b)

A municipality with a population of more than 1.6 million shall allocate at least 23 percent of the hotel occupancy tax revenue collected by the municipality for the purposes provided by Section 351.101 (Use of Tax Revenue)(a)(3), except that the allocation is subject to and may not impair the authority of the municipality to:

(1)

pledge all or any portion of that tax revenue to the payment of bonds as provided by Section 351.102 (Pledge for Bonds)(a) or bonds issued to refund bonds secured by that pledge; or

(2)

spend all or any portion of that tax revenue for the payment of operation and maintenance expenses of convention center facilities.

(b-1)

Notwithstanding Subsection (a), at least 30 percent of the hotel occupancy tax revenue collected by a municipality described by Section 351.101 (Use of Tax Revenue)(a)(6)(C) must be allocated for the purposes provided by Section 351.101 (Use of Tax Revenue)(a)(3).

(c)

Not more than 15 percent of the hotel occupancy tax revenue collected by a municipality, other than a municipality having a population of more than 1.6 million, or the amount of tax received by the municipality at the rate of one percent of the cost of a room, whichever is greater, may be used for the purposes provided by Section 351.101 (Use of Tax Revenue)(a)(4). Not more than 19.30 percent of the hotel occupancy tax revenue collected by a municipality having a population of more than 1.6 million, or the amount of tax received by the municipality at the rate of one percent of the cost of a room, whichever is greater, may be used for the purposes provided by Section 351.101 (Use of Tax Revenue)(a)(4). Not more than 15 percent of the hotel occupancy tax revenue collected by a municipality may be used for the purposes provided by Section 351.101 (Use of Tax Revenue)(a)(5). A municipality that before January 1, 2023, adopted in accordance with state law an ordinance providing for the allocation of an amount in excess of 15 percent of the hotel occupancy tax revenue collected by the municipality for one or more of the specific purposes provided by Section 351.101 (Use of Tax Revenue)(a)(5) may allocate tax revenue as provided by that ordinance until the ordinance is repealed or expires or until the revenue is no longer used for those specific purposes.

(d)

Repealed by Acts 2023, 88th Leg., R.S., Ch. 357 (S.B. 1420), Sec. 9(1), eff. June 2, 2023, and Ch. 643 (H.B. 3727), Sec. 10(1), eff. June 12, 2023.

(e)

Repealed by Acts 2023, 88th Leg., R.S., Ch. 357 (S.B. 1420), Sec. 9(1), eff. June 2, 2023, and Ch. 643 (H.B. 3727), Sec. 10(1), eff. June 12, 2023.
Added by Acts 1987, 70th Leg., ch. 191, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 14.24(b), eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1110, Sec. 6, eff. Oct. 1, 1989; Acts 1993, 73rd Leg., ch. 153, Sec. 1, eff. Aug. 30, 1993; Acts 1993, 73rd Leg., ch. 680, Sec. 5, eff. Sept. 1, 1993; Acts 2001, 77th Leg., ch. 1308, Sec. 5, eff. June 16, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 405 (S.B. 1262), Sec. 2, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 357 (S.B. 1420), Sec. 5, eff. June 2, 2023.
Acts 2023, 88th Leg., R.S., Ch. 357 (S.B. 1420), Sec. 9(1), eff. June 2, 2023.
Acts 2023, 88th Leg., R.S., Ch. 643 (H.B. 3727), Sec. 5, eff. June 12, 2023.
Acts 2023, 88th Leg., R.S., Ch. 643 (H.B. 3727), Sec. 10(1), eff. June 12, 2023.

Source: Section 351.103 — Allocation of Revenue: General Rule, https://statutes.­capitol.­texas.­gov/Docs/TX/htm/TX.­351.­htm#351.­103 (accessed Apr. 13, 2024).

351.001
Definitions
351.002
Tax Authorized
351.003
Tax Rates
351.004
Tax Collection
351.005
Reimbursement for Expenses of Tax Collection and Use of Electronic Tax Administration System
351.006
Exemption
351.007
Preexisting Contracts
351.008
Concurrent State Tax Delinquency
351.009
Annual Report to Comptroller
351.0025
Extraterritorial Jurisdiction
351.0041
Collection Procedures on Purchase of Hotel
351.0042
Interest on Delinquent Tax
351.101
Use of Tax Revenue
351.102
Pledge for Bonds
351.103
Allocation of Revenue: General Rule
351.104
Allocation of Revenue: Certain Municipalities Bordering Bays
351.105
Allocation of Revenue: Eligible Coastal Municipalities
351.106
Allocation of Revenue: Populous Municipalities with Council-manager Government
351.107
Allocation of Revenue
351.108
Records
351.110
Allocation of Revenue for Certain Transportation Systems
351.151
Definitions
351.152
Applicability
351.153
Exception to Ownership Requirement
351.154
Nonprofit Corporation as Municipal Agent
351.155
Pledge or Commitment of Certain Tax Revenue for Obligations for Qualified Project
351.156
Entitlement to Certain Tax Revenue
351.157
Additional Entitlement for Certain Municipalities
351.158
Period of Entitlement
351.159
Deposit of Revenue
351.160
Quarterly Payments
351.161
Application of Other Law
351.162
Recapture of Lost State Tax Revenue from Certain Municipalities
351.163
Report on Qualified Projects
351.1012
Electronic Tax Administration System
351.1015
Certain Qualified Projects
351.1021
Pledge or Commitment of Certain Tax Revenue for Certain Projects
351.1022
Pledge or Commitment of Certain Tax Revenue by Certain Municipalities with Sports Stadiums
351.1035
Allocation of Revenue: Certain Municipalities in Border Counties
351.1036
Allocation of Revenue for Airports by Certain Municipalities in Border Counties
351.1054
Allocation of Revenue: Eligible Barrier Island Coastal Municipality
351.1055
Allocation of Revenue: Certain Municipalities
351.1063
Allocation of Revenue for Advertising and Promotion: Certain Municipalities with Certain Projects
351.1064
Allocation of Revenue for Certain Sporting Event Expenses: Certain Municipalities with Qualified Project
351.1065
Allocation of Revenue: Eligible Central Municipality
351.1066
Allocation of Revenue: Certain Municipalities
351.1067
Allocation of Revenue
351.1068
Allocation of Revenue for Sports Facilities by Certain Municipalities
351.1069
Allocation of Revenue: Certain Municipalities
351.1071
Allocation of Revenue: Certain Municipalities
351.1075
Allocation of Revenue for the Arts by Certain Municipalities
351.1076
Allocation of Revenue: Certain Municipalities
351.1077
Allocation of Revenue for the Arts for Certain Municipalities
351.1078
Allocation of Revenue: Certain Municipalities
351.1079
Allocation of Revenue for Sports Facilities and Fields by Certain Municipalities
351.10691
Allocation of Revenue: Certain Municipalities
351.10692
Allocation of Revenue: Certain Municipalities
351.10693
Allocation of Revenue: Certain Municipalities
351.10711
Allocation of Revenue for Maintenance, Enhancement, and Upgrade of Sports Facilities and Fields by Certain Municipalities
351.10712
Allocation of Revenue for Construction and Maintenance of Sports-related Facilities by Certain Municipalities
351.10713
Allocation of Revenue for Construction, Expansion, and Operation of Recreational or Sports Facilities and Fields by Certain Municipalities

Accessed:
Apr. 13, 2024

§ 351.103’s source at texas​.gov