H.B. No. 1123
    1-1                                AN ACT
    1-2  relating to the use of county hotel occupancy taxes.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 352.001, Tax Code, is amended to read as
    1-5  follows:
    1-6        Sec. 352.001.  DEFINITIONS <DEFINITION>.  In this chapter:
    1-7              (1)  "Hotel"<, "hotel"> has the meaning assigned by
    1-8  Section 156.001(1).
    1-9              (2)  "Convention center facilities" or "convention
   1-10  center complex" means civic centers, civic center buildings,
   1-11  auditoriums, exhibition halls, and coliseums that are owned by the
   1-12  county or that are managed in whole or part by the county.  The
   1-13  term includes parking areas or facilities that are for the parking
   1-14  or storage of conveyances and that are located at or in the
   1-15  immediate vicinity of other convention center facilities.
   1-16              (3)  "Tourism" means the guidance or management of
   1-17  tourists.
   1-18              (4)  "Tourist" means an individual who travels from the
   1-19  individual's residence to a different municipality, county, state,
   1-20  or country for pleasure, recreation, education, or culture.
   1-21              (5)  "Visitor information center" or "tourism
   1-22  information center" means a building or portion of a building used
   1-23  to distribute or disseminate information to tourists.
   1-24        SECTION 2.  Section 352.005,  Tax Code, is amended to read as
    2-1  follows:
    2-2        Sec. 352.005.  Reimbursement for Tax Collection Expenses.
    2-3  <(a)>  A county may permit a person who is required to collect and
    2-4  pay over to the county the tax authorized by this chapter not more
    2-5  than one percent of the amount collected and required to be
    2-6  reported as reimbursement to the person for the costs in collecting
    2-7  the tax.
    2-8        <(b)  This section does not apply to a county that has no
    2-9  municipality.>
   2-10        SECTION 3.  Subchapter B, Chapter 352, Tax Code, is amended
   2-11  by adding Section 352.1015 to read as follows:
   2-12        Sec. 352.1015.  USE OF REVENUE:  GENERAL PROVISIONS.  (a)
   2-13  The commissioners court of a county by contract may delegate to a
   2-14  person, including another governmental entity or a private
   2-15  organization, the management or supervision of programs and
   2-16  activities funded with revenue from the tax authorized by this
   2-17  chapter.  The commissioners court in writing shall approve in
   2-18  advance the annual budget of the person to which it delegates those
   2-19  functions and shall require the person to make periodic reports to
   2-20  the commissioners court at least quarterly listing the expenditures
   2-21  made by the person with revenue derived from the tax authorized by
   2-22  this chapter.  The person must maintain revenue provided from the
   2-23  tax authorized by this chapter in a separate account established
   2-24  for that purpose and may not commingle that revenue with any other
   2-25  money.  The commissioners court may not delegate to any person the
   2-26  management or supervision of its tourist and convention programs
   2-27  and activities funded with revenue from the tax authorized by this
    3-1  chapter other than by contract as provided by this subsection.  The
    3-2  approval by the commissioners court of the county of the annual
    3-3  budget of the person to whom the commissioners court delegates
    3-4  those functions creates a fiduciary duty in the person with respect
    3-5  to the revenue provided by the tax authorized under the contract.
    3-6        (b)  A person with whom a county contracts under this section
    3-7  shall maintain complete and accurate financial records of each
    3-8  expenditure of hotel occupancy tax revenue made by the person and,
    3-9  on request of the commissioners court of the county or other
   3-10  person, shall make the records available for inspection and review
   3-11  to the commissioners court or other person.
   3-12        (c)  Hotel occupancy tax revenue spent for a purpose
   3-13  authorized by this section may be spent for day-to-day operations,
   3-14  supplies, salaries, office rental, travel expenses, and other
   3-15  administrative costs only if those administrative costs are
   3-16  incurred directly in the promotion and servicing expenditures
   3-17  authorized by the applicable provisions of this subchapter
   3-18  governing the use of revenue by that particular county.  If a
   3-19  county or other public or private entity that conducts an activity
   3-20  authorized by the applicable provisions of this subchapter
   3-21  governing the use of revenue by that particular county conducts
   3-22  other activities that are not authorized, the portion of the total
   3-23  administrative costs of the entity for which hotel occupancy tax
   3-24  revenue may be used may not exceed the portion of those
   3-25  administrative costs actually incurred in conducting the authorized
   3-26  activities.
   3-27        (d)  County hotel occupancy tax revenue may not be spent for
    4-1  travel for a person to attend an event or conduct an activity the
    4-2  primary purpose of which is not directly related to the promotion
    4-3  of tourism and the convention and hotel industry or the performance
    4-4  of the person's job in an efficient and professional manner.
    4-5        (e)  Revenue derived from the tax authorized by this chapter
    4-6  is to be expended in a manner directly enhancing and promoting
    4-7  tourism and the convention and hotel industry as permitted by the
    4-8  applicable provisions of this subchapter governing the use of
    4-9  revenue by that particular county.  That revenue may not be used
   4-10  for the general revenue purposes or general governmental operations
   4-11  of a county.
   4-12        SECTION 4.  Sections 352.102, 352.103, and 352.1033,  Tax
   4-13  Code, are amended to read as follows:
   4-14        Sec. 352.102.  Use of Revenue:  Counties Bordering Mexico.
   4-15  (a)  Except as provided by Subsection (b), the revenue from a tax
   4-16  imposed under this chapter by a county that borders the Republic of
   4-17  Mexico and that is further described by Section 352.002(a)(2) may
   4-18  only be used for:
   4-19              (1)  the purposes provided by Sections 351.101(a)(1)
   4-20  and (2);
   4-21              (2)  <acquisition of sites for and the construction,
   4-22  improvement, enlarging, equipping, repairing, operation, and
   4-23  maintenance of convention center facilities including civic center
   4-24  convention buildings, auditoriums, coliseums, civic theaters,
   4-25  museums, and parking areas or facilities for the parking or storage
   4-26  of motor vehicles or other conveyances located at or in the
   4-27  immediate vicinity of the convention center facilities;>
    5-1              <(2)  the furnishing of facilities, personnel, and
    5-2  materials for the registration of convention delegates or
    5-3  registrants;>
    5-4              <(3)>  general promotion and tourist advertising of the
    5-5  county and its vicinity and conducting a solicitation program to
    5-6  attract conventions and visitors, any of which may be conducted by
    5-7  the county or through contracts with persons or organizations
    5-8  selected by the county; or
    5-9              (3) <(4)>  the encouragement, promotion, improvement,
   5-10  or application of historical preservation and restoration either by
   5-11  the county or through contracts with persons or organizations
   5-12  selected by the county.
   5-13        (b)  A county that borders the Republic of Mexico and that is
   5-14  further described by Section 352.002(a)(2) may use 15 percent or
   5-15  less of the revenue collected each fiscal year from the tax imposed
   5-16  under this chapter for the purposes provided by Section
   5-17  351.101(a)(4) <encouragement, promotion, improvement, and
   5-18  application of the arts, including instrumental and vocal music,
   5-19  dance, drama, folk art, creative writing, architecture, design and
   5-20  allied fields, painting, sculpture, photography, graphic and craft
   5-21  arts, motion pictures, radio, television, tape and sound recording,
   5-22  and other arts related to the presentation, performance, execution,
   5-23  and exhibition of these major art forms>.
   5-24        Sec. 352.103.  Use of Revenue:  Counties With No
   5-25  Municipality.  The revenue from a tax imposed under this chapter by
   5-26  a county that has no municipality may be used only for:
   5-27              (1)  the purposes provided by Sections 351.101(a)(1),
    6-1  (2), and (4);
    6-2              (2)  <the acquisition of sites for and the
    6-3  construction, improvement, enlarging, equipping, repairing,
    6-4  operation, and maintenance of convention center facilities
    6-5  including civic center convention buildings, auditoriums,
    6-6  coliseums, civic theaters, museums, and parking areas or facilities
    6-7  for the parking or storage of motor vehicles or other conveyances
    6-8  located at or in the immediate vicinity of the convention center
    6-9  facilities;>
   6-10              <(2)  the furnishing of facilities, personnel, and
   6-11  materials for the registration of convention delegates or
   6-12  registrants;>
   6-13              <(3)>  advertising for general promotional and tourist
   6-14  advertising of the county and conducting a solicitation <and
   6-15  operating> program to attract conventions and visitors either by
   6-16  the county or through contracts with persons or organizations
   6-17  selected by the commissioners court; and
   6-18              (3) <(4)  the encouragement, promotion, improvement,
   6-19  and application of the arts, including music (instrumental and
   6-20  vocal), dance, drama, folk art, creative writing, architecture,
   6-21  design and allied fields, painting, sculpture, photography, graphic
   6-22  and craft arts, motion pictures, television, radio, tape and sound
   6-23  recording, and the arts related to the presentation, performance,
   6-24  execution, and exhibition of these major art forms; and>
   6-25              <(5)>  historical preservation and restoration.
   6-26        Sec. 352.1033.  Use of Revenue; Counties Bordering the Gulf
   6-27  of Mexico.  <(a)>  The revenue from a tax imposed under this
    7-1  chapter by a county that borders the Gulf of Mexico authorized to
    7-2  impose the tax by Section 352.002(a)(6) may be used only to:
    7-3              (1)  clean public beaches;
    7-4              (2)  acquire, furnish, or maintain facilities,
    7-5  including parks, that enhance public access to beaches;
    7-6              (3)  provide and maintain public restrooms on or
    7-7  adjacent to beaches or beach access facilities; <and>
    7-8              (4)  provide and maintain litter containers on or
    7-9  adjacent to beaches or beach access facilities; and
   7-10              (5)  advertise and conduct solicitations and
   7-11  promotional programs to attract tourists and convention delegates
   7-12  or registrants to the county or its vicinity, any of which may be
   7-13  conducted by the county or through contracts with persons or
   7-14  organizations selected by the county.
   7-15        SECTION 5.  (a)  This Act takes effect September 1, 1993.
   7-16        (b)  This Act does not apply to the use of tax revenue
   7-17  pledged to secure bonds issued before the effective date of this
   7-18  Act.  Tax revenue pledged to secure bonds issued before the
   7-19  effective date of this Act are governed by the law in effect on the
   7-20  date the bonds were issued, and that law is continued in effect for
   7-21  that purpose.
   7-22        SECTION 6.  The importance of this legislation and the
   7-23  crowded condition of the calendars in both houses create an
   7-24  emergency and an imperative public necessity that the
   7-25  constitutional rule requiring bills to be read on three several
   7-26  days in each house be suspended, and this rule is hereby suspended.