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A BILL TO BE ENTITLED
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AN ACT
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relating to the municipal hotel occupancy tax imposed in certain |
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municipalities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 351.001, Tax Code, is amended by adding |
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Subdivision (11) to read as follows: |
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(11) "Eligible barrier island coastal municipality" |
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means a municipality: |
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(A) that borders on the Gulf of Mexico; |
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(B) that is located wholly on a barrier island; |
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and |
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(C) the boundaries of which are within 30 miles |
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of the United Mexican States. |
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SECTION 2. Section 351.003, Tax Code, is amended by adding |
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Subsection (d) to read as follows: |
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(d) The rate in an eligible barrier island coastal |
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municipality may not exceed 8-1/2 percent of the price paid for a |
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room. |
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SECTION 3. Section 351.1055(a), Tax Code, is amended by |
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adding Subdivision (4) to read as follows: |
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(4) "Erosion response project" has the meaning |
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assigned by Section 33.601, Natural Resources Code. |
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SECTION 4. Section 351.1055, Tax Code, is amended by adding |
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Subsections (d) and (e) to read as follows: |
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(d) Notwithstanding any other provision of this chapter and |
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except as provided by Subsection (e), an eligible barrier island |
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coastal municipality may use all or any portion of the revenue |
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derived from the municipal hotel occupancy tax: |
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(1) to clean and maintain the beaches in the |
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municipality; |
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(2) to provide beach security within the municipality; |
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(3) for any of the purposes permitted or allowed by |
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Section 1504.001, Government Code; |
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(4) for any purpose allowed by Section 351.105, |
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without regard to the rate of the tax in the municipality; |
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(5) for any erosion response project; |
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(6) for beautifying or improving the safety of and |
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access to the portion of State Highway 100 that is within the |
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boundaries of the municipality; or |
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(7) to pay the principal of or interest on bonds or |
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notes issued for any of these purposes. |
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(e) An eligible barrier island coastal municipality shall |
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use at least the amount of revenue derived from the application of |
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the tax at a rate of one-half of one percent of the cost of a room |
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for erosion control projects. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |