75R10010 DAK-D
By Gallego H.B. No. 3043
Substitute the following for H.B. No. 3043:
By Craddick C.S.H.B. No. 3043
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of certain counties to impose a hotel
1-3 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;
2-2 (6) a county that borders the Gulf of Mexico;
2-3 (7) a county that has a population of less than 5,000,
2-4 that borders the Republic of Mexico, and in which there is located
2-5 a major observatory;
2-6 (8) a county that has a population of 10,000 or less
2-7 and borders the Toledo Bend Reservoir;
2-8 (9) a county that has a population of less than 10,000
2-9 and an area of less than 275 square miles;
2-10 (10) a county that has a population of 30,000 or less
2-11 and borders Possum Kingdom Lake; [and]
2-12 (11) a county that borders the Republic of Mexico and
2-13 has a population of more than 250,000 and less than 500,000;
2-14 (12) a county that borders the Republic of Mexico and
2-15 in which there is located a national park of more than 400,000
2-16 acres; and
2-17 (13) a county that borders the Republic of Mexico and
2-18 in which there is located a state park of more than 250,000 acres.
2-19 (d) The tax imposed by a county authorized by Subsection
2-20 (a)(4), (6), (8), (10), [or] (11), (12), or (13) to impose the tax
2-21 does not apply to a hotel located in a municipality that imposes a
2-22 tax under Chapter 351 applicable to the hotel.
2-23 SECTION 2. Section 352.003, Tax Code, is amended by adding
2-24 Subsections (d) and (e) to read as follows:
2-25 (d) The tax rate in a county authorized to impose the tax
2-26 under Section 352.002(a)(12) may not exceed three percent of the
2-27 price paid for a room in a hotel.
3-1 (e) The tax rate in a county authorized to impose the tax
3-2 under Section 352.002(a)(13) may not exceed five percent of the
3-3 price paid for a room in a hotel.
3-4 SECTION 3. Section 352.102, Tax Code, is amended by adding
3-5 Subsection (c) to read as follows:
3-6 (c) A county that borders the Republic of Mexico and that is
3-7 further described by Section 352.002(a)(12) shall use at least
3-8 one-third of the revenue collected each fiscal year from the tax
3-9 imposed under this chapter for the purposes authorized by this
3-10 chapter in unincorporated areas of the county.
3-11 SECTION 4. The importance of this legislation and the
3-12 crowded condition of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended,
3-16 and that this Act take effect and be in force from and after its
3-17 passage, and it is so enacted.