82R25149 ALL-D By: Nichols S.B. No. 1185 (Gooden) Substitute the following for S.B. No. 1185: No. A BILL TO BE ENTITLED AN ACT relating to the authority of certain counties to impose a hotel occupancy tax for the operation and maintenance of a fairground in the county. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 352.002, Tax Code, is amended by adding Subsection (o) to read as follows: (o) The commissioners court of a county that has a population of 65,000 or more and that is bordered by the Neches and Trinity Rivers may impose a tax as provided by Subsection (a). SECTION 2. Section 352.003, Tax Code, is amended by adding Subsection (n) to read as follows: (n) The tax rate in a county authorized to impose the tax under Section 352.002(o) may not exceed two percent of the price paid for a room in a hotel. SECTION 3. Subchapter B, Chapter 352, Tax Code, is amended by adding Section 352.1037 to read as follows: Sec. 352.1037. USE OF REVENUE: CERTAIN COUNTIES BORDERING NECHES AND TRINITY RIVERS. The revenue from a tax imposed under this chapter by a county authorized to impose the tax under Section 352.002(o) may be used only to operate and maintain a fairground in the county that has a substantial impact on tourism and hotel activity. SECTION 4. 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.