Tool #3: Administering HOT funds

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The State Legislature realized that “local determination”—meaning local elected officials such as the mayor, city council, city manager, and/or city attorney—was the only effective and appropriate method for determining the rate of tax and the distribution of that tax among the nine authorized uses. As a result, the rate of the tax and the amount allocated to the different authorized recipients vary from municipality to municipality.

The elected officials of each of the municipalities have the authority to determine the different ways to use the HOT within the tax code law.  They also get to decide who distributes the HOT. Determining what will work best for your city is an important step in this process.

Municipal leadership can oversee the distribution of HOT directly or they could appoint a “delegated authority” to distribute the funds on their behalf. No party other than a municipality or its contractual delegate has authority to administer HOT. The delegated authority may be a municipal agency, division or department within your city, an individual, a nonprofit organization, or other entity defined by your municipal leadership.  

Examples of delegated arts authorities that are municipal departments, divisions or agencies: Cultural Arts Division/ Economic Development Department (Austin), Museum and Cultural Affairs Department (El Paso), Department of Arts & Culture (San Antonio)

Examples of delegated arts authorities that are independent organizations: Houston Arts Alliance (Houston), Civic Arts (Lubbock), Arts Council of Midland (Midland), Odessa Arts (Odessa).

The primary model for granting HOT funds is for the municipality or delegate to establish a formal grant application process for organizations and artists to apply for program/project support. A grant application process should be the most equitable and transparent funding model, understandable by the community, and open to eligible arts organizations and/or artists as defined by the municipality.

You’ll find examples of designated authorities below, as well as sample applications and processes.

Examples of designated authorities:

Sample funding applications and processes:

Case Studies

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Tool #2: Collecting and reporting HOT funds

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Tool #4: HOT revenue do’s and don’ts