1-1  By:  Turner of Coleman (Senate Sponsor - Wentworth)    H.B. No. 958
    1-2        (In the Senate - Received from the House April 3, 1995;
    1-3  April 4, 1995, read first time and referred to Committee on
    1-4  Finance; May 17, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 11, Nays 0; May 17, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR H.B. No. 958                    By:  Brown
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the authority of certain counties to impose a county
   1-11  hotel occupancy tax.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Sections 352.002(a) and (d), Tax Code, are
   1-14  amended to read as follows:
   1-15        (a)  The commissioners courts of the following counties by
   1-16  the adoption of an order or resolution may impose a tax on a person
   1-17  who, under a lease, concession, permit, right of access, license,
   1-18  contract, or agreement, pays for the use or possession or for the
   1-19  right to the use or possession of a room that is in a hotel, costs
   1-20  $2 or more each day, and is ordinarily used for sleeping:
   1-21              (1)  a county that has a population of more than two
   1-22  million;
   1-23              (2)  a county that has a population of 90,000 or more,
   1-24  borders the Republic of Mexico, and does not have three or more
   1-25  cities that each have a population of more than 17,500;
   1-26              (3)  a county in which there is no municipality;
   1-27              (4)  a county in which there is located an Indian
   1-28  reservation under the jurisdiction of the United States government;
   1-29              (5)  a county that has a population of 17,500 or less,
   1-30  that has no more than one municipality with a population of less
   1-31  than 2,500, and that borders two counties located wholly in the
   1-32  Edwards Aquifer Authority established by Chapter 626, Acts of the
   1-33  73rd Legislature, Regular Session, 1993 <in which there is located
   1-34  a horse racing track licensed as a class 1 or class 2 racetrack
   1-35  under the Texas Racing Act (Article 179e, Vernon's Texas Civil
   1-36  Statutes)>;
   1-37              (6)  a county that borders the Gulf of Mexico;
   1-38              (7)  a county that has a population of less than 5,000,
   1-39  that borders the Republic of Mexico, and in which there is located
   1-40  a major observatory; <and>
   1-41              (8)  a county that has a population of 10,000 or less
   1-42  and borders the Toledo Bend Reservoir;
   1-43              (9)  a county that has a population of less than 10,000
   1-44  and an area of less than 275 square miles;
   1-45              (10)  a county that has a population of 30,000 or less
   1-46  and borders Possum Kingdom Lake; and
   1-47              (11)  a county that borders the Republic of Mexico and
   1-48  has a population of more than 250,000 and less than 500,000.
   1-49        (d)  The tax imposed by a county authorized by Subsection
   1-50  (a)(4), (6), <or> (8), (10), or (11) to impose the tax does not
   1-51  apply to a hotel located in a municipality that imposes a tax under
   1-52  Chapter 351 applicable to the hotel.
   1-53        SECTION 2.  The heading to Section 352.1032, Tax Code, is
   1-54  amended to read as follows:
   1-55        Sec. 352.1032.  USE OF REVENUE:  COUNTIES BORDERING EDWARDS
   1-56  AQUIFER AUTHORITY <WITH LICENSED RACETRACKS>.
   1-57        SECTION 3.  Subchapter B, Chapter 352, Tax Code, is amended
   1-58  by adding Section 352.106 to read as follows:
   1-59        Sec. 352.106.  USE OF REVENUE; CERTAIN COUNTIES BORDERING
   1-60  MEXICO.  The revenue from a tax imposed under this chapter by a
   1-61  county authorized to impose the tax by Section 352.002(a)(11) may
   1-62  be used only for the bond debt service, construction, maintenance,
   1-63  or operation of a special events facility with a seating capacity
   1-64  of at least 8,000.
   1-65        SECTION 4.  Section 352.006, Tax Code, is repealed.
   1-66        SECTION 5.  The importance of this legislation and the
   1-67  crowded condition of the calendars in both houses create an
   1-68  emergency and an imperative public necessity that the
    2-1  constitutional rule requiring bills to be read on three several
    2-2  days in each house be suspended, and this rule is hereby suspended,
    2-3  and that this Act take effect and be in force from and after its
    2-4  passage, and it is so enacted.
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