1-1  By:  Haggerty (Senate Sponsor - Armbrister)           H.B. No. 1123
    1-2        (In the Senate - Received from the House May 13, 1993;
    1-3  May 14, 1993, read first time and referred to Committee on Finance;
    1-4  May 19, 1993, reported favorably by the following vote:  Yeas 13,
    1-5  Nays 0; May 19, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Montford           x                               
    1-9        Turner             x                               
   1-10        Armbrister         x                               
   1-11        Barrientos         x                               
   1-12        Bivins             x                               
   1-13        Ellis              x                               
   1-14        Haley              x                               
   1-15        Moncrief           x                               
   1-16        Parker             x                               
   1-17        Ratliff            x                               
   1-18        Sims               x                               
   1-19        Truan              x                               
   1-20        Zaffirini          x                               
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to the use of county hotel occupancy taxes.
   1-24        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-25        SECTION 1.  Section 352.001, Tax Code, is amended to read as
   1-26  follows:
   1-27        Sec. 352.001.  DEFINITIONS <DEFINITION>.  In this chapter:
   1-28              (1)  "Hotel"<, "hotel"> has the meaning assigned by
   1-29  Section 156.001(1).
   1-30              (2)  "Convention center facilities" or "convention
   1-31  center complex" means civic centers, civic center buildings,
   1-32  auditoriums, exhibition halls, and coliseums that are owned by the
   1-33  county or that are managed in whole or part by the county.  The
   1-34  term includes parking areas or facilities that are for the parking
   1-35  or storage of conveyances and that are located at or in the
   1-36  immediate vicinity of other convention center facilities.
   1-37              (3)  "Tourism" means the guidance or management of
   1-38  tourists.
   1-39              (4)  "Tourist" means an individual who travels from the
   1-40  individual's residence to a different municipality, county, state,
   1-41  or country for pleasure, recreation, education, or culture.
   1-42              (5)  "Visitor information center" or "tourism
   1-43  information center" means a building or portion of a building used
   1-44  to distribute or disseminate information to tourists.
   1-45        SECTION 2.  Section 352.005,  Tax Code, is amended to read as
   1-46  follows:
   1-47        Sec. 352.005.  Reimbursement for Tax Collection Expenses.
   1-48  <(a)>  A county may permit a person who is required to collect and
   1-49  pay over to the county the tax authorized by this chapter not more
   1-50  than one percent of the amount collected and required to be
   1-51  reported as reimbursement to the person for the costs in collecting
   1-52  the tax.
   1-53        <(b)  This section does not apply to a county that has no
   1-54  municipality.>
   1-55        SECTION 3.  Subchapter B, Chapter 352, Tax Code, is amended
   1-56  by adding Section 352.1015 to read as follows:
   1-57        Sec. 352.1015.  USE OF REVENUE:  GENERAL PROVISIONS.
   1-58  (a)  The commissioners court of a county by contract may delegate
   1-59  to a person, including another governmental entity or a private
   1-60  organization, the management or supervision of programs and
   1-61  activities funded with revenue from the tax authorized by this
   1-62  chapter.  The commissioners court in writing shall approve in
   1-63  advance the annual budget of the person to which it delegates those
   1-64  functions and shall require the person to make periodic reports to
   1-65  the commissioners court at least quarterly listing the expenditures
   1-66  made by the person with revenue derived from the tax authorized by
   1-67  this chapter.  The person must maintain revenue provided from the
   1-68  tax authorized by this chapter in a separate account established
    2-1  for that purpose and may not commingle that revenue with any other
    2-2  money.  The commissioners court may not delegate to any person the
    2-3  management or supervision of its tourist and convention programs
    2-4  and activities funded with revenue from the tax authorized by this
    2-5  chapter other than by contract as provided by this subsection.  The
    2-6  approval by the commissioners court of the county of the annual
    2-7  budget of the person to whom the commissioners court delegates
    2-8  those functions creates a fiduciary duty in the person with respect
    2-9  to the revenue provided by the tax authorized under the contract.
   2-10        (b)  A person with whom a county contracts under this section
   2-11  shall maintain complete and accurate financial records of each
   2-12  expenditure of hotel occupancy tax revenue made by the person and,
   2-13  on request of the commissioners court of the county or other
   2-14  person, shall make the records available for inspection and review
   2-15  to the commissioners court or other person.
   2-16        (c)  Hotel occupancy tax revenue spent for a purpose
   2-17  authorized by this section may be spent for day-to-day operations,
   2-18  supplies, salaries, office rental, travel expenses, and other
   2-19  administrative costs only if those administrative costs are
   2-20  incurred directly in the promotion and servicing expenditures
   2-21  authorized by the applicable provisions of this subchapter
   2-22  governing the use of revenue by that particular county.  If a
   2-23  county or other public or private entity that conducts an activity
   2-24  authorized by the applicable provisions of this subchapter
   2-25  governing the use of revenue by that particular county conducts
   2-26  other activities that are not authorized, the portion of the total
   2-27  administrative costs of the entity for which hotel occupancy tax
   2-28  revenue may be used may not exceed the portion of those
   2-29  administrative costs actually incurred in conducting the authorized
   2-30  activities.
   2-31        (d)  County hotel occupancy tax revenue may not be spent for
   2-32  travel for a person to attend an event or conduct an activity the
   2-33  primary purpose of which is not directly related to the promotion
   2-34  of tourism and the convention and hotel industry or the performance
   2-35  of the person's job in an efficient and professional manner.
   2-36        (e)  Revenue derived from the tax authorized by this chapter
   2-37  is to be expended in a manner directly enhancing and promoting
   2-38  tourism and the convention and hotel industry as permitted by the
   2-39  applicable provisions of this subchapter governing the use of
   2-40  revenue by that particular county.  That revenue may not be used
   2-41  for the general revenue purposes or general governmental operations
   2-42  of a county.
   2-43        SECTION 4.  Sections 352.102, 352.103, and 352.1033,  Tax
   2-44  Code, are amended to read as follows:
   2-45        Sec. 352.102.  Use of Revenue:  Counties Bordering Mexico.
   2-46  (a)  Except as provided by Subsection (b), the revenue from a tax
   2-47  imposed under this chapter by a county that borders the Republic of
   2-48  Mexico and that is further described by Section 352.002(a)(2) may
   2-49  only be used for:
   2-50              (1)  the purposes provided by Sections 351.101(a)(1)
   2-51  and (2);
   2-52              (2)  <acquisition of sites for and the construction,
   2-53  improvement, enlarging, equipping, repairing, operation, and
   2-54  maintenance of convention center facilities including civic center
   2-55  convention buildings, auditoriums, coliseums, civic theaters,
   2-56  museums, and parking areas or facilities for the parking or storage
   2-57  of motor vehicles or other conveyances located at or in the
   2-58  immediate vicinity of the convention center facilities;>
   2-59              <(2)  the furnishing of facilities, personnel, and
   2-60  materials for the registration of convention delegates or
   2-61  registrants;>
   2-62              <(3)>  general promotion and tourist advertising of the
   2-63  county and its vicinity and conducting a solicitation program to
   2-64  attract conventions and visitors, any of which may be conducted by
   2-65  the county or through contracts with persons or organizations
   2-66  selected by the county; or
   2-67              (3) <(4)>  the encouragement, promotion, improvement,
   2-68  or application of historical preservation and restoration either by
   2-69  the county or through contracts with persons or organizations
   2-70  selected by the county.
    3-1        (b)  A county that borders the Republic of Mexico and that is
    3-2  further described by Section 352.002(a)(2) may use 15 percent or
    3-3  less of the revenue collected each fiscal year from the tax imposed
    3-4  under this chapter for the purposes provided by Section
    3-5  351.101(a)(4) <encouragement, promotion, improvement, and
    3-6  application of the arts, including instrumental and vocal music,
    3-7  dance, drama, folk art, creative writing, architecture, design and
    3-8  allied fields, painting, sculpture, photography, graphic and craft
    3-9  arts, motion pictures, radio, television, tape and sound recording,
   3-10  and other arts related to the presentation, performance, execution,
   3-11  and exhibition of these major art forms>.
   3-12        Sec. 352.103.  Use of Revenue:  Counties With No
   3-13  Municipality.  The revenue from a tax imposed under this chapter by
   3-14  a county that has no municipality may be used only for:
   3-15              (1)  the purposes provided by Sections 351.101(a)(1),
   3-16  (2), and (4);
   3-17              (2)  <the acquisition of sites for and the
   3-18  construction, improvement, enlarging, equipping, repairing,
   3-19  operation, and maintenance of convention center facilities
   3-20  including civic center convention buildings, auditoriums,
   3-21  coliseums, civic theaters, museums, and parking areas or facilities
   3-22  for the parking or storage of motor vehicles or other conveyances
   3-23  located at or in the immediate vicinity of the convention center
   3-24  facilities;>
   3-25              <(2)  the furnishing of facilities, personnel, and
   3-26  materials for the registration of convention delegates or
   3-27  registrants;>
   3-28              <(3)>  advertising for general promotional and tourist
   3-29  advertising of the county and conducting a solicitation <and
   3-30  operating> program to attract conventions and visitors either by
   3-31  the county or through contracts with persons or organizations
   3-32  selected by the commissioners court; and
   3-33              (3) <(4)  the encouragement, promotion, improvement,
   3-34  and application of the arts, including music (instrumental and
   3-35  vocal), dance, drama, folk art, creative writing, architecture,
   3-36  design and allied fields, painting, sculpture, photography, graphic
   3-37  and craft arts, motion pictures, television, radio, tape and sound
   3-38  recording, and the arts related to the presentation, performance,
   3-39  execution, and exhibition of these major art forms; and>
   3-40              <(5)>  historical preservation and restoration.
   3-41        Sec. 352.1033.  Use of Revenue; Counties Bordering the Gulf
   3-42  of Mexico.  <(a)>  The revenue from a tax imposed under this
   3-43  chapter by a county that borders the Gulf of Mexico authorized to
   3-44  impose the tax by Section 352.002(a)(6) may be used only to:
   3-45              (1)  clean public beaches;
   3-46              (2)  acquire, furnish, or maintain facilities,
   3-47  including parks, that enhance public access to beaches;
   3-48              (3)  provide and maintain public restrooms on or
   3-49  adjacent to beaches or beach access facilities; <and>
   3-50              (4)  provide and maintain litter containers on or
   3-51  adjacent to beaches or beach access facilities; and
   3-52              (5)  advertise and conduct solicitations and
   3-53  promotional programs to attract tourists and convention delegates
   3-54  or registrants to the county or its vicinity, any of which may be
   3-55  conducted by the county or through contracts with persons or
   3-56  organizations selected by the county.
   3-57        SECTION 5.  (a)  This Act takes effect September 1, 1993.
   3-58        (b)  This Act does not apply to the use of tax revenue
   3-59  pledged to secure bonds issued before the effective date of this
   3-60  Act.  Tax revenue pledged to secure bonds issued before the
   3-61  effective date of this Act are governed by the law in effect on the
   3-62  date the bonds were issued, and that law is continued in effect for
   3-63  that purpose.
   3-64        SECTION 6.  The importance of this legislation and the
   3-65  crowded condition of the calendars in both houses create an
   3-66  emergency and an imperative public necessity that the
   3-67  constitutional rule requiring bills to be read on three several
   3-68  days in each house be suspended, and this rule is hereby suspended.
   3-69                               * * * * *
   3-70                                                         Austin,
    4-1  Texas
    4-2                                                         May 19, 1993
    4-3  Hon. Bob Bullock
    4-4  President of the Senate
    4-5  Sir:
    4-6  We, your Committee on Finance to which was referred H.B. No. 1123,
    4-7  have had the same under consideration, and I am instructed to
    4-8  report it back to the Senate with the recommendation that it do
    4-9  pass and be printed.
   4-10                                                         Montford,
   4-11  Chairman
   4-12                               * * * * *
   4-13                               WITNESSES
   4-14                                                  FOR   AGAINST  ON
   4-15  ___________________________________________________________________
   4-16  Name:  Don Hansen                                x
   4-17  Representing:  Tx Hotel & Motel Assn
   4-18  City:  Austin
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