By Gallegos                                     S.B. No. 1307

      75R5748 SRC-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to sources of revenue dedicated to preservation,

 1-3     enhancement, and promotion of historical resources.

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

 1-5           SECTION 1.  Chapter 442, Government Code, is amended by

 1-6     adding Sections 442.0151 and 442.0152 to read as follows:

 1-7           Sec. 442.0151.  HISTORICAL RESOURCES FUND.   The historical

 1-8     resources fund is a separate account in the general revenue fund.

 1-9     The account consists of transfers to the account, grants and

1-10     donations to the commission not subject to Section 442.015, and

1-11     income earned on money in the account.  Money in the account may be

1-12     used only for the preservation, enhancement, and promotion of

1-13     historical resources and may be appropriated for that purpose to

1-14     the commission or to other agencies.

1-15           Sec. 442.0152.  HISTORICAL RESOURCES CREDIT CARD.   The

1-16     commission may contract with a major credit card company in the

1-17     United States to produce a suitable card that promotes public

1-18     participation in preservation, enhancement, and promotion of Texas

1-19     historical resources.  Revenues payable to the commission derived

1-20     from use of the card shall be deposited to the credit of the

1-21     historical resources fund.

1-22           SECTION 2.  Section 156.001, Tax Code, is amended to read as

1-23     follows:

1-24           Sec. 156.001.  DEFINITIONS [Definition].  In this chapter:

 2-1                 (1)  "Hotel" [, "hotel"] means a building in which

 2-2     members of the public obtain sleeping accommodations for

 2-3     consideration and a campsite with utilities.  The term includes a

 2-4     hotel, motel, tourist home, tourist house, tourist court, lodging

 2-5     house, inn, rooming house, or bed and breakfast.  The term does not

 2-6     include:

 2-7                       (A) [(1)]  a hospital, sanitarium, or nursing

 2-8     home; or

 2-9                       (B) [(2)]  a dormitory or other housing facility

2-10     owned or leased and operated by an institution of higher education

2-11     or a private or independent institution of higher education as

2-12     those terms are defined by Section 61.003, Education Code, used by

2-13     the institution for the purpose of providing sleeping

2-14     accommodations for persons engaged in an educational program or

2-15     activity at the institution.

2-16                 (2)  "Campsite with utilities" means a site for the

2-17     erection of a tent or similar temporary shelter, or for the parking

2-18     of a trailer, recreational vehicle, or truck camper, for which the

2-19     proprietor provides water and electricity on the individual

2-20     campsite.

2-21           SECTION 3.  Section 156.251, Tax Code, is amended by adding

2-22     Subsection (b) to read as follows:

2-23           (b)  The revenue from the tax imposed by this chapter on a

2-24     campsite with utilities shall be credited to the historical

2-25     resources fund. Subsection (d) and  Section 156.2511 do not apply

2-26     to revenue from the tax imposed by this chapter on a campsite with

2-27     utilities.

 3-1           SECTION 4.  Section 151.801, Tax Code, is amended by amending

 3-2     Subsection (a) and adding Subsection (f) to read as follows:

 3-3           (a)  Except for the amounts allocated under Subsections (b),

 3-4     [and] (c), and (f), all proceeds from the collection of the taxes

 3-5     imposed by this chapter shall be deposited to the credit of the

 3-6     general revenue fund.

 3-7           (f)  The amount of the proceeds from the collection of taxes

 3-8     imposed by this chapter on the sale of taxable items by a museum

 3-9     retail shop or a retail gift shop of a park or historical site

3-10     shall be deposited to the credit of the historical resources fund.

3-11           SECTION 5.  Subchapter F, Chapter 502, Transportation Code,

3-12     is amended by adding Section 502.289 to read as follows:

3-13           Sec. 502.289.  HISTORICAL RESOURCES LICENSE PLATES.  (a)  The

3-14     department shall issue specially designed historical resources

3-15     license plates for passenger cars and light trucks.

3-16           (b)  The license plates must include the words "Texas

3-17     Historical Resources" and be of a color, quality, and design

3-18     approved by the Texas Historical Commission.

3-19           (c)  The department shall issue license plates under this

3-20     section to a person who:

3-21                 (1)  applies to the county assessor-collector for the

3-22     county in which the person resides on a form provided by the

3-23     department; and

3-24                 (2)  pays an annual fee of $25 in addition to the fee

3-25     prescribed by Section 502.161 and, if personalized prestige license

3-26     plates are issued, in addition to the fee prescribed by Section

3-27     502.251.

 4-1           (d)  The department shall deposit $20 of each fee collected

 4-2     under this section to the credit of the historical resources fund

 4-3     established under Section 442.0151, Government Code.

 4-4           (e)  The remainder of each fee collected under this section,

 4-5     after deposit provided by Subsection (d), may be used only to

 4-6     defray the cost of administering this section.

 4-7           (f)  If the owner of a vehicle registered under this section

 4-8     disposes of the vehicle during the registration year, the owner

 4-9     shall return the special license plates to the department.

4-10           SECTION 6.  Sections 2 and 3 of this Act take effect October

4-11     1, 1997.  All other provisions of this Act take effect September 1,

4-12     1997.

4-13           SECTION 7.  The importance of this legislation and the

4-14     crowded condition of the calendars in both houses create an

4-15     emergency and an imperative public necessity that the

4-16     constitutional rule requiring bills to be read on three several

4-17     days in each house be suspended, and this rule is hereby suspended.