1 | 1 | | 84R6781 BEF-F |
---|
2 | 2 | | By: Hinojosa, Kolkhorst S.B. No. 749 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | A BILL TO BE ENTITLED |
---|
6 | 6 | | AN ACT |
---|
7 | 7 | | relating to the allocation of state hotel occupancy tax revenue to |
---|
8 | 8 | | certain barrier island coastal municipalities. |
---|
9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
10 | 10 | | SECTION 1. Section 156.2512, Tax Code, is amended by |
---|
11 | 11 | | amending Subsections (a), (b), and (c) and adding Subsection (e) to |
---|
12 | 12 | | read as follows: |
---|
13 | 13 | | (a) Not later than the last day of the month following a |
---|
14 | 14 | | calendar quarter and subject to Subsection (d), the comptroller |
---|
15 | 15 | | shall: |
---|
16 | 16 | | (1) compute the amount of revenue, excluding revenue |
---|
17 | 17 | | described by Subsection (e), derived from the collection of taxes |
---|
18 | 18 | | imposed under this chapter at a rate of two [one] percent and |
---|
19 | 19 | | received from hotels located wholly or partly on barrier islands in |
---|
20 | 20 | | an eligible barrier island coastal municipality; [described by |
---|
21 | 21 | | Subsection (c)(1)(C)(i) or (ii)] and |
---|
22 | 22 | | (2) issue to the municipality a warrant drawn on the |
---|
23 | 23 | | general revenue fund for that amount[; and |
---|
24 | 24 | | [(2) compute the amount of revenue derived from the |
---|
25 | 25 | | collection of taxes imposed under this chapter at a rate of two |
---|
26 | 26 | | percent and received from hotels located on barrier islands in an |
---|
27 | 27 | | eligible barrier island coastal municipality described by |
---|
28 | 28 | | Subsection (c)(1)(C)(iii) and issue to the municipality a warrant |
---|
29 | 29 | | drawn on the general revenue fund for that amount]. |
---|
30 | 30 | | (b) An eligible barrier island coastal municipality may use |
---|
31 | 31 | | money received under this section only: |
---|
32 | 32 | | (1) to clean and maintain public beaches in that |
---|
33 | 33 | | municipality; [and] |
---|
34 | 34 | | (2) for an erosion response project in that |
---|
35 | 35 | | municipality; and |
---|
36 | 36 | | (3) to clean and maintain bay shores owned by that |
---|
37 | 37 | | municipality or leased by that municipality from this state. |
---|
38 | 38 | | (c) In this section: |
---|
39 | 39 | | (1) "Eligible barrier island coastal municipality" |
---|
40 | 40 | | means a municipality: |
---|
41 | 41 | | (A) that borders on the Gulf of Mexico; |
---|
42 | 42 | | (B) that is located wholly or partly on a barrier |
---|
43 | 43 | | island; and |
---|
44 | 44 | | (C) the boundaries of which: |
---|
45 | 45 | | (i) include an institution of higher |
---|
46 | 46 | | education that is part of the Texas Coastal Ocean Observation |
---|
47 | 47 | | Network under Section 33.065, Natural Resources Code [a portion of |
---|
48 | 48 | | a national seashore]; |
---|
49 | 49 | | (ii) include a national estuarine research |
---|
50 | 50 | | reserve; or |
---|
51 | 51 | | (iii) are within 30 miles of the United |
---|
52 | 52 | | Mexican States. |
---|
53 | 53 | | (2) "Clean and maintain" has the meaning assigned by |
---|
54 | 54 | | Section 61.063, Natural Resources Code. |
---|
55 | 55 | | (3) "Erosion response project" has the meaning |
---|
56 | 56 | | assigned by Section 33.601, Natural Resources Code. |
---|
57 | 57 | | (e) This section does not apply to revenue derived from the |
---|
58 | 58 | | collection of taxes paid by persons for the use or possession of or |
---|
59 | 59 | | for the right to the use or possession of a room or space at a |
---|
60 | 60 | | qualified hotel project, the owner of which is entitled to a rebate, |
---|
61 | 61 | | refund, or payment of hotel occupancy tax revenue under: |
---|
62 | 62 | | (1) Section 2303.5055, Government Code; or |
---|
63 | 63 | | (2) Section 151.429(h). |
---|
64 | 64 | | SECTION 2. This Act takes effect September 1, 2015. |
---|