82R17514 CJC-D
By: Miller of Comal H.B. No. 1234
Substitute the following for H.B. No. 1234:
By: Lyne C.S.H.B. No. 1234
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain counties to impose a county
hotel occupancy tax.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 352.002, Tax Code, is amended by
amending Subsection (a) and adding Subsection (l) to read as
follows:
(a) The commissioners courts of the following counties by
the adoption of an order or resolution may impose a tax on a person
who, under a lease, concession, permit, right of access, license,
contract, or agreement, pays for the use or possession or for the
right to the use or possession of a room that is in a hotel, costs $2
or more each day, and is ordinarily used for sleeping:
(1) a county that has a population of more than 3.3
million;
(2) a county that has a population of 90,000 or more,
borders the United Mexican States, and does not have three or more
cities that each have a population of more than 17,500;
(3) a county in which there is no municipality;
(4) a county in which there is located an Indian
reservation under the jurisdiction of the United States government;
(5) a county that has a population of 30,000 or less,
that has no more than one municipality with a population of less
than 2,500, and that borders two counties located wholly in the
Edwards Aquifer Authority established by Chapter 626, Acts of the
73rd Legislature, Regular Session, 1993;
(6) a county that borders the Gulf of Mexico;
(7) a county that has a population of less than 5,000,
that borders the United Mexican States, and in which there is
located a major observatory;
(8) a county that has a population of 12,000 or less
and borders the Toledo Bend Reservoir;
(9) a county that has a population of less than 12,000
and an area of less than 275 square miles;
(10) a county that has a population of 30,000 or less
and borders Possum Kingdom Lake;
(11) a county that borders the United Mexican States
and has a population of more than 300,000 and less than 600,000;
(12) a county that has a population of 35,000 or more
and borders or contains a portion of Lake Fork Reservoir;
(13) a county that borders the United Mexican States
and in which there is located a national recreation area;
(14) a county that borders the United Mexican States
and in which there is located a national park of more than 400,000
acres;
(15) a county that has a population of 28,000 or less,
that has no more than four municipalities, and that is located
wholly in the Edwards Aquifer Authority established by Chapter 626,
Acts of the 73rd Legislature, Regular Session, 1993;
(16) a county that has a population of 25,000 or less,
whose territory is less than 750 square miles, and that has two
incorporated municipalities, each with a population of 800 or less,
located on the Frio River;
(17) a county that has a population of 34,000 or more
and borders Lake Buchanan;
(18) a county that has a population of more than 45,000
and less than 75,000, that borders the United Mexican States, and
that borders or contains a portion of Falcon Lake;
(19) a county with a population of 21,000 or less that
borders the Neches River and in which there is located a national
preserve;
(20) a county that has a population of 22,500 or less
and that borders or contains a portion of Lake Livingston;
(21) a county through which the Pedernales River flows
[that has a population of less than 22,000] and in which the
birthplace of a president of the United States is located;
(22) a county that has a population of more than 15,000
but less than 20,000 and borders Lake Buchanan;
(23) a county with a population of less than 10,000
that is bordered by the Sulphur River;
(24) a county that has a population of 16,000 or more
and borders the entire north shore of Lake Somerville;
(25) a county that has a population of 20,000 or less
and that is bordered by the Brazos and Navasota Rivers;
(26) a county that has a population of more than 15,000
and less than 25,000 and is located on the Trinity and Navasota
Rivers;
(27) a county that has a population of less than 15,000
and that is bordered by the Trinity and Navasota Rivers;
(28) a county that borders or contains a portion of the
Neches River, the Sabine River, and Sabine Lake; and
(29) a county that borders Whitney Lake.
(l) The commissioners court of a county through which the
Guadalupe River flows and in which the source of the Blanco River is
located may impose a tax as provided by Subsection (a). A tax
imposed under this subsection does not apply to a hotel located in a
municipality that imposes a tax under Chapter 351 applicable to the
hotel.
SECTION 2. 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.