H.B. No. 958
    1-1                                AN ACT
    1-2  relating to the authority of certain counties to impose a county
    1-3  hotel occupancy tax.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 352.002(a) and (d), Tax Code, are
    1-6  amended to read as follows:
    1-7        (a)  The commissioners courts of the following counties by
    1-8  the adoption of an order or resolution may impose a tax on a person
    1-9  who, under a lease, concession, permit, right of access, license,
   1-10  contract, or agreement, pays for the use or possession or for the
   1-11  right to the use or possession of a room that is in a hotel, costs
   1-12  $2 or more each day, and is ordinarily used for sleeping:
   1-13              (1)  a county that has a population of more than two
   1-14  million;
   1-15              (2)  a county that has a population of 90,000 or more,
   1-16  borders the Republic of Mexico, and does not have three or more
   1-17  cities that each have a population of more than 17,500;
   1-18              (3)  a county in which there is no municipality;
   1-19              (4)  a county in which there is located an Indian
   1-20  reservation under the jurisdiction of the United States government;
   1-21              (5)  a county that has a population of 17,500 or less,
   1-22  that has no more than one municipality with a population of less
   1-23  than 2,500, and that borders two counties located wholly in the
   1-24  Edwards Aquifer Authority established by Chapter 626, Acts of the
    2-1  73rd Legislature, Regular Session, 1993 <in which there is located
    2-2  a horse racing track licensed as a class 1 or class 2 racetrack
    2-3  under the Texas Racing Act (Article 179e, Vernon's Texas Civil
    2-4  Statutes)>;
    2-5              (6)  a county that borders the Gulf of Mexico;
    2-6              (7)  a county that has a population of less than 5,000,
    2-7  that borders the Republic of Mexico, and in which there is located
    2-8  a major observatory; <and>
    2-9              (8)  a county that has a population of 10,000 or less
   2-10  and borders the Toledo Bend Reservoir;
   2-11              (9)  a county that has a population of less than 10,000
   2-12  and an area of less than 275 square miles;
   2-13              (10)  a county that has a population of 30,000 or less
   2-14  and borders Possum Kingdom Lake; and
   2-15              (11)  a county that borders the Republic of Mexico and
   2-16  has a population of more than 250,000 and less than 500,000.
   2-17        (d)  The tax imposed by a county authorized by Subsection
   2-18  (a)(4), (6), <or> (8), (10), or (11) to impose the tax does not
   2-19  apply to a hotel located in a municipality that imposes a tax under
   2-20  Chapter 351 applicable to the hotel.
   2-21        SECTION 2.  The heading to Section 352.1032, Tax Code, is
   2-22  amended to read as follows:
   2-23        Sec. 352.1032.  USE OF REVENUE:  COUNTIES BORDERING EDWARDS
   2-24  AQUIFER AUTHORITY <WITH LICENSED RACETRACKS>.
   2-25        SECTION 3.  Subchapter B, Chapter 352, Tax Code, is amended
   2-26  by adding Section 352.106 to read as follows:
   2-27        Sec. 352.106.  USE OF REVENUE; CERTAIN COUNTIES BORDERING
    3-1  MEXICO.  The revenue from a tax imposed under this chapter by a
    3-2  county authorized to impose the tax by Section 352.002(a)(11) may
    3-3  be used for the bond debt service, construction, maintenance, or
    3-4  operation of a special events facility with a seating capacity of
    3-5  at least 8,000.
    3-6        SECTION 4.  Section 352.006, Tax Code, is repealed.
    3-7        SECTION 5.  The importance of this legislation and the
    3-8  crowded condition of the calendars in both houses create an
    3-9  emergency and an imperative public necessity that the
   3-10  constitutional rule requiring bills to be read on three several
   3-11  days in each house be suspended, and this rule is hereby suspended,
   3-12  and that this Act take effect and be in force from and after its
   3-13  passage, and it is so enacted.