1-1  By:  Rodriguez, et al. (Senate Sponsor - Madla)       H.B. No. 1264
    1-2        (In the Senate - Received from the House April 20, 1993;
    1-3  April 21, 1993, read first time and referred to Committee on
    1-4  Finance; May 13, 1993, reported favorably by the following vote:
    1-5  Yeas 12, Nays 0; May 13, 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 rate at which certain municipalities may impose the
   1-24  hotel occupancy tax and to the use of the revenue from the tax.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Section 351.001, Tax Code, is amended by adding
   1-27  Subdivision (8) to read as follows:
   1-28              (8)  "Eligible central municipality" means a
   1-29  municipality with a population of more than 850,000 that has
   1-30  adopted a capital improvement plan for the expansion of an existing
   1-31  convention center facility.
   1-32        SECTION 2.  Section 351.003, Tax Code, is amended by adding
   1-33  Subsection (c) to read as follows:
   1-34        (c)  The rate in an eligible central municipality may not
   1-35  exceed nine percent of the price paid for a room.  This subsection
   1-36  does not apply to a municipality to which Section 351.1015 or
   1-37  351.106 applies.
   1-38        SECTION 3.  Subchapter B, Chapter 351, Tax Code, is amended
   1-39  by adding Section 351.1065 to read as follows:
   1-40        Sec. 351.1065.  ALLOCATION OF REVENUE: ELIGIBLE CENTRAL
   1-41  MUNICIPALITY.  (a)  An eligible central municipality shall use the
   1-42  amount of revenue from the tax that is derived from the application
   1-43  of the tax at a rate of more than seven percent of the cost of a
   1-44  room only for:
   1-45              (1)  the construction of an expansion of an existing
   1-46  convention center facility; and
   1-47              (2)  pledging payment of revenue bonds and revenue
   1-48  refunding bonds issued under Chapter 63, Acts of the 59th
   1-49  Legislature, Regular Session, 1965 (Article 1269j-4.1, Vernon's
   1-50  Texas Civil Statutes), for the construction of the expansion.
   1-51        (b)  Any interest income derived from the application of the
   1-52  tax at a rate of more than seven percent of the cost of a room may
   1-53  be used only for the purposes provided by this section.
   1-54        (c)  An eligible central municipality expending tax revenue
   1-55  under this section shall attempt to include minority-owned
   1-56  businesses in the issuance of at least 32 percent of the total
   1-57  dollar value of the bonds issued, and in at least 32 percent of the
   1-58  total fees paid by the issuer, in connection with the construction.
   1-59        SECTION 4.  If on or after the effective date of this Act a
   1-60  municipality increases the rate of the tax authorized by Section
   1-61  351.003(c), Tax Code, as added by this Act, the increased tax rate
   1-62  does not apply to the tax imposed on the use or possession of a
   1-63  room under a contract executed before the effective date of this
   1-64  Act that provides for the payment of the tax at the rate in effect
   1-65  when the contract was executed, unless the contract is subject to
   1-66  change or modification by reason of the tax rate increase.  The tax
   1-67  rate applicable to the use or possession of a room under the
   1-68  contract is the rate in effect when the contract was executed, and
    2-1  the law governing that rate is continued in effect for that
    2-2  purpose.
    2-3        SECTION 5.  The importance of this legislation and the
    2-4  crowded condition of the calendars in both houses create an
    2-5  emergency and an imperative public necessity that the
    2-6  constitutional rule requiring bills to be read on three several
    2-7  days in each house be suspended, and this rule is hereby suspended,
    2-8  and that this Act take effect and be in force from and after its
    2-9  passage, and it is so enacted.
   2-10                               * * * * *
   2-11                                                         Austin,
   2-12  Texas
   2-13                                                         May 13, 1993
   2-14  Hon. Bob Bullock
   2-15  President of the Senate
   2-16  Sir:
   2-17  We, your Committee on Finance to which was referred H.B. No. 1264,
   2-18  have had the same under consideration, and I am instructed to
   2-19  report it back to the Senate with the recommendation that it do
   2-20  pass and be printed.
   2-21                                                         Montford,
   2-22  Chairman
   2-23                               * * * * *
   2-24                               WITNESSES
   2-25                                                  FOR   AGAINST  ON
   2-26  ___________________________________________________________________
   2-27  Name:  Don Hansen                                              x
   2-28  Representing:  Texas Hotel & Motel Assn
   2-29  City:  Austin
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