1-1     By:  Bernsen                                          S.B. No. 1393
 1-2           (In the Senate - Filed March 8, 2001; March 13, 2001, read
 1-3     first time and referred to Committee on Intergovernmental
 1-4     Relations; April 17, 2001, reported favorably by the following
 1-5     vote:  Yeas 7, Nays 0; April 17, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the authority of certain counties to impose a hotel
 1-9     occupancy tax and to the rate of the tax.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subsection (d), Section 352.002, Tax Code, is
1-12     amended to read as follows:
1-13           (d)  The tax imposed by a county authorized by Subsection
1-14     (a)(4), (6), (8), (10), or (11)[,] or Subsection (a)(12), as added
1-15     by Chapter 469, Acts of the 75th Legislature, Regular Session,
1-16     1997, [(12)] to impose the tax does not apply to a hotel located in
1-17     a municipality that imposes a tax under Chapter 351 applicable to
1-18     the hotel.  This subsection does not apply to a county authorized
1-19     by Subsection (a)(6) to impose the tax that:
1-20                 (1)  has a population of less than 40,000 and adjoins
1-21     the most populous county in this state; or
1-22                 (2)  has a population of more than 200,000 and borders
1-23     the Neches River.
1-24           SECTION 2.  Section 352.003, Tax Code, is amended by adding
1-25     Subsection (f) to read as follows:
1-26           (f)  The tax rate in a county that borders the Gulf of
1-27     Mexico, has a population of more than 200,000, and borders the
1-28     Neches River may not exceed two percent of the price paid for a
1-29     room in a hotel in the county.
1-30           SECTION 3.  This Act takes effect immediately if it receives
1-31     a vote of two-thirds of all the members elected to each house, as
1-32     provided by Section 39, Article III, Texas Constitution.  If this
1-33     Act does not receive the vote necessary for immediate effect, this
1-34     Act takes effect September 1, 2001.
1-35                                  * * * * *