BILL ANALYSIS

 

 

Senate Research Center

H.B. 1633

86R25932 GRM-D

By: Kuempel (Zaffirini)

 

Natural Resources & Economic Development

 

5/12/2019

 

Engrossed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Many counties across the state levy and collect hotel occupancy taxes. Currently, Wilson County is not authorized to do so. Accordingly, H.B. 1633 would authorize the commissioners court of a county with a population of not more than 50,000 and in which an annual peanut festival is held to levy and collect a county hotel occupancy tax. The bill would cap the rate of the tax at seven percent of the price paid for a room. What's more, it would cap the rate at two percent of that price if the hotel is located in a municipality that imposes a municipal hotel occupancy tax applicable to the hotel or in the extraterritorial jurisdiction of a municipality with a population of less than 35,000 that imposes such a tax in the municipality's extraterritorial jurisdiction.

 

H.B. 1633 amends current law relating to the imposition and rate of the county hotel occupancy tax in certain counties, and authorizes the imposition of a tax.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 352.002, Tax Code, by adding Subsection (z) to authorize the commissioners court of a county with a population of not more than 50,000 and in which an annual peanut festival is held to impose a tax as provided by Subsection (a) (relating to authorizing certain counties to impose a hotel occupancy tax).

 

SECTION 2. Amends Section 352.003, Tax Code, by adding Subsection (w), as follows:

 

(w) Prohibits the tax rate in a county authorized to impose the tax under Section 352.002(z) from exceeding seven percent of the price paid for a room in a hotel, except that the tax rate is prohibited from exceeding two percent of the price paid for a room in a hotel if the hotel is located in:

 

(1) a municipality that imposes a tax under Chapter 351 (Municipal Hotel Occupancy Taxes) applicable to the hotel; or

 

(2) the extraterritorial jurisdiction of a municipality that imposes a tax under Section 351.0025 (Extraterritorial Jurisdiction) applicable to the hotel.

 

SECTION 3. Effective date: upon passage or September 1, 2019.