1-1                                   AN ACT
 1-2     relating to the rate and allocation of the hotel occupancy tax in
 1-3     certain municipalities.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 351.003, Tax Code, is amended by adding
 1-6     Subsection (d) to read as follows:
 1-7           (d)  The rate in a municipality that borders on the Gulf of
 1-8     Mexico and has a population of more than 250,000 may not exceed
 1-9     nine percent of the price paid for a room.
1-10           SECTION 2.  Subchapter B, Chapter 351, Tax Code, is amended
1-11     by adding Section 351.107 to read as follows:
1-12           Sec. 351.107.  ALLOCATION OF REVENUE; CERTAIN LARGE COASTAL
1-13     MUNICIPALITIES.  (a)  This section applies only to a municipality
1-14     that borders on the Gulf  of Mexico and has a population of more
1-15     than 250,000.
1-16           (b)  A municipality to which this section applies shall
1-17     separately account for all revenue derived from the application of
1-18     the tax imposed by this chapter at a rate of more than seven
1-19     percent of the cost of a room.
1-20           (c)  Subject to Subsection (e), revenue described by
1-21     Subsection (b) may be used only for:
1-22                 (1)  acquiring land for a municipally owned convention
1-23     center;
1-24                 (2)  constructing, improving, enlarging, equipping,
 2-1     repairing, operating, and maintaining a municipally owned
 2-2     convention center; and
 2-3                 (3)  paying bonds used to finance activities described
 2-4     by Subdivision (1) or (2).
 2-5           (d)  For the purpose of the allocation of revenue under
 2-6     Section 351.103, revenue described by Subsection (b) is not
 2-7     counted.
 2-8           (e)  Notwithstanding any other provision of this chapter, a
 2-9     municipality to which this section applies may use all or any
2-10     portion of the revenue derived from the municipal hotel occupancy
2-11     tax from hotels previously subject to a county hotel occupancy tax
2-12     to clean and maintain public beaches in the municipality.
2-13           (f)  In this section:
2-14                 (1)  "Clean and maintain" has the meaning assigned by
2-15     Section 61.063, Natural Resources Code.
2-16                 (2)  "Public beach" has the meaning assigned by Section
2-17     61.001, Natural Resources Code.
2-18           SECTION 3.  If on or after the effective date of this Act a
2-19     municipality increases the rate of the tax authorized by Section
2-20     351.003(d), Tax Code, as added by this Act, the increased tax rate
2-21     does not apply to the tax imposed on the use or possession of a
2-22     room under a contract executed before the effective date of this
2-23     Act that provides for the payment of the tax at the rate in effect
2-24     when the contract was executed unless the contract is subject to
2-25     change or modification by reason of the tax rate increase.  The tax
2-26     rate applicable to the use or possession of a room under the
2-27     contract is the rate in effect when the contract was executed, and
 3-1     the law governing that rate is continued in effect for that
 3-2     purpose.
 3-3           SECTION 4.  The importance of this legislation and the
 3-4     crowded condition of the calendars in both houses create an
 3-5     emergency and an imperative public necessity that the
 3-6     constitutional rule requiring bills to be read on three several
 3-7     days in each house be suspended, and this rule is hereby suspended,
 3-8     and that this Act take effect and be in force from and after its
 3-9     passage, and it is so enacted.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1655 was passed by the House on April
         30, 1999, by the following vote:  Yeas 138, Nays 0, 2 present, not
         voting; and that the House concurred in Senate amendments to H.B.
         No. 1655 on May 26, 1999, by the following vote:  Yeas 144, Nays 0,
         2 present, not voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1655 was passed by the Senate, with
         amendments, on May 24, 1999, by the following vote:  Yeas 30, Nays
         0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor