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