By Zbranek                                             H.B. No. 463

         Substitute the following for H.B. No. 463:

         By Oliveira                                        C.S.H.B. No. 463

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the use of hotel occupancy tax revenue by certain

 1-3     counties that border the Gulf of Mexico.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 352.1033, Tax Code, is amended to read as

 1-6     follows:

 1-7           Sec. 352.1033.  USE OF REVENUE;  COUNTIES BORDERING THE GULF

 1-8     OF MEXICO.  (a) The revenue from a tax imposed under this chapter

 1-9     by a county that borders the Gulf of Mexico authorized to impose

1-10     the tax by Section 352.002(a)(6) may be used only to:

1-11                 (1)  clean public beaches;

1-12                 (2)  acquire, furnish, or maintain facilities,

1-13     including parks, that enhance public access to beaches;

1-14                 (3)  provide and maintain public restrooms on or

1-15     adjacent to beaches or beach access facilities;

1-16                 (4)  provide and maintain litter containers on or

1-17     adjacent to beaches or beach access facilities; [and]

1-18                 (5)  if the county does not operate a public beach on

1-19     the Gulf of Mexico, create, renovate, promote, and maintain parks

1-20     adjacent to bays, rivers, and other navigable waterways; and

1-21                 (6)  advertise and conduct solicitations and

1-22     promotional programs to attract tourists and convention delegates

1-23     or registrants to the county or its vicinity, any of which may be

1-24     conducted by the county or through contracts with persons or

 2-1     organizations selected by the county.

 2-2           (b)  A county that borders the Gulf of Mexico and that is

 2-3     authorized to impose the tax by Section 352.002(a)(6) may use 50

 2-4     percent or less of the revenue from the tax for the promotion of

 2-5     tourism.

 2-6           (c)  The Commissioner's Court of a county that borders the

 2-7     Gulf of Mexico shall maintain complete and factual financial

 2-8     records of the collection and expenditures of the tax authorized by

 2-9     this Section, and shall make the records available for inspection

2-10     and review to any person upon written request.

2-11           SECTION 2.  This Act applies only to revenue from the hotel

2-12     occupancy tax imposed under Chapter 352, Tax Code, sent or paid to

2-13     a county.

2-14           SECTION 3.  The importance of this legislation and the

2-15     crowded condition of the calendars in both houses create an

2-16     emergency and an imperative public necessity that the

2-17     constitutional rule requiring bills to be read on three several

2-18     days in each house be suspended, and this rule is hereby suspended,

2-19     and that this Act take effect and be in force from and after its

2-20     passage, and it is so enacted.