1-1  By:  Haley                                              S.B. No. 92
    1-2        (In the Senate - Filed January 11, 1993; January 14, 1993,
    1-3  read first time and referred to Committee on Intergovernmental
    1-4  Relations; January 27, 1993, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 10, Nays 0;
    1-6  January 27, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Armbrister         x                               
   1-10        Leedom             x                               
   1-11        Carriker           x                               
   1-12        Henderson          x                               
   1-13        Madla              x                               
   1-14        Moncrief           x                               
   1-15        Patterson          x                               
   1-16        Rosson             x                               
   1-17        Shapiro            x                               
   1-18        Wentworth          x                               
   1-19        Whitmire                                       x   
   1-20  COMMITTEE SUBSTITUTE FOR S.B. No. 92                By:  Armbrister
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to the authority of certain counties to impose a county
   1-24  hotel occupancy tax.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Subsection (a), Section 352.002, Tax Code, is
   1-27  amended to read as follows:
   1-28        (a)  The commissioners courts of the following counties by
   1-29  the adoption of an order or resolution may impose a tax on a person
   1-30  who, under a lease, concession, permit, right of access, license,
   1-31  contract, or agreement, pays for the use or possession or for the
   1-32  right to the use or possession of a room that is in a hotel, costs
   1-33  $2 or more each day, and is ordinarily used for sleeping:
   1-34              (1)  a county that has a population of more than two
   1-35  million;
   1-36              (2)  a county that has a population of 90,000 or more,
   1-37  borders the Republic of Mexico, and does not have three or more
   1-38  cities that each have a population of more than 17,500;
   1-39              (3)  a county in which there is no municipality;
   1-40              (4)  a county in which there is located an Indian
   1-41  reservation under the jurisdiction of the United States government;
   1-42              (5)  a county that has a population of 17,500 or less
   1-43  in which there is located a horse racing track licensed as a class
   1-44  1 or class 2 racetrack under the Texas Racing Act (Article 179e,
   1-45  Vernon's Texas Civil Statutes);
   1-46              (6)  a county that borders the Gulf of Mexico; <and>
   1-47              (7)  a county that has a population of less than 5,000,
   1-48  that borders the Republic of Mexico, and in which there is located
   1-49  a major observatory; and
   1-50              (8)  a county that has a population of 10,000 or less
   1-51  and borders the Toledo Bend Reservoir.
   1-52        SECTION 2.  Subsection (d), Section 352.002, Tax Code, is
   1-53  amended to read as follows:
   1-54        (d)  The tax imposed by a county authorized by Subsection
   1-55  (a)(4), <or> (6), or (8) to impose the tax does not apply to a
   1-56  hotel located in a municipality that imposes a tax under Chapter
   1-57  351 applicable to the hotel.
   1-58        SECTION 3.  The importance of this legislation and the
   1-59  crowded condition of the calendars in both houses create an
   1-60  emergency and an imperative public necessity that the
   1-61  constitutional rule requiring bills to be read on three several
   1-62  days in each house be suspended, and this rule is hereby suspended,
   1-63  and that this Act take effect and be in force from and after its
   1-64  passage, and it is so enacted.
   1-65                               * * * * *
   1-66                                                         Austin,
   1-67  Texas
   1-68                                                         January 27, 1993
    2-1  Hon. Bob Bullock
    2-2  President of the Senate
    2-3  Sir:
    2-4  We, your Committee on Intergovernmental Relations to which was
    2-5  referred S.B. No. 92, have had the same under consideration, and I
    2-6  am instructed to report it back to the Senate with the
    2-7  recommendation that it do not pass, but that the Committee
    2-8  Substitute adopted in lieu thereof do pass and be printed.
    2-9                                                         Armbrister,
   2-10  Chairman
   2-11                               * * * * *
   2-12                               WITNESSES
   2-13                                                  FOR   AGAINST  ON
   2-14  ___________________________________________________________________
   2-15  Name:  Larry Hyden                               X
   2-16  Representing:  Sabine County
   2-17  City:  Hemphill
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