By: Aliseda (Senate Sponsor - Zaffirini) H.B. No. 1315
         (In the Senate - Received from the House May 6, 2011;
  May 9, 2011, read first time and referred to Committee on Economic
  Development; May 20, 2011, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 5, Nays 0;
  May 20, 2011, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 1315 By:  Eltife
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the use of municipal hotel occupancy tax revenue in
  certain municipalities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 351, Tax Code, is amended
  by adding Section 351.1066 to read as follows:
         Sec. 351.1066.  ALLOCATION OF REVENUE: CERTAIN
  MUNICIPALITIES. (a) This section applies only to:
               (1)  a municipality with a population of at least 3,500
  but less than 5,500 that is the county seat of a county with a
  population of less than 50,000 that borders a county with a
  population of more than 1.6 million; and
               (2)  a municipality with a population of at least 2,900
  but less than 3,500 that is the county seat of a county with a
  population of less than 22,000 that is bordered by the Trinity River
  and includes a state park and a portion of a wildlife management
  area.
         (b)  Notwithstanding any other provision of this chapter, a
  municipality to which this section applies may use all or any
  portion of the revenue derived from the municipal hotel occupancy
  tax for:
               (1)  a business recruitment project to substantially
  enhance hotel activity and encourage tourism; and
               (2)  the construction, enlarging, equipping,
  improvement, maintenance, repairing and operation of a
  recreational facility to substantially enhance hotel activity and
  encourage tourism.
         SECTION 2.  Section 351.003, Tax Code, is amended by adding
  Subsections (e) and (f) to read as follows:
         (e)  The rate in a municipality that has a population of more
  than 95,000 and is in a county that borders Lake Palestine and has a
  population of more than 200,000 may not exceed nine percent of the
  price paid for a room. The municipality shall allocate for the
  construction, expansion, maintenance, or operation of convention
  center facilities all revenue received by the municipality that is
  derived from the application of the tax at a rate of more than seven
  percent of the price paid for a room in a hotel.
         (f)  The rate in a municipality that has a population of at
  least 80,000 and is partly located in a county that borders the
  State of Louisiana and has a population of at least 60,000 may not
  exceed nine percent of the price paid for a room. The municipality
  shall allocate for the construction, expansion, maintenance, or
  operation of convention center facilities all revenue received by
  the municipality that is derived from the application of the tax at
  a rate of more than seven percent of the price paid for a room in a
  hotel.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.
 
  * * * * *