1 | 1 | | 89R12206 CJD-F |
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2 | 2 | | By: McLaughlin H.B. No. 2965 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the applicability of a hotel occupancy tax in and the |
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10 | 10 | | use of hotel occupancy tax revenue by certain counties. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 352.002(d), Tax Code, is amended to read |
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13 | 13 | | as follows: |
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14 | 14 | | (d) The tax imposed by a county authorized by Subsection |
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15 | 15 | | (a)(6), (8), (9), (10), (11), (14), (15), (16), (17), (19), (20), |
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16 | 16 | | (21), (23), or (29) to impose the tax does not apply to a hotel |
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17 | 17 | | located in a municipality that imposes a tax under Chapter 351 |
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18 | 18 | | applicable to the hotel. This subsection does not apply to: |
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19 | 19 | | (1) a county authorized by Subsection (a)(6) to impose |
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20 | 20 | | the tax that: |
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21 | 21 | | (A) has a population of less than 50,000 and |
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22 | 22 | | adjoins the most populous county in this state; or |
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23 | 23 | | (B) has a population of more than 200,000 and |
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24 | 24 | | borders the Neches River; or |
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25 | 25 | | (2) a county authorized by Subsection (a)(9) to impose |
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26 | 26 | | the tax that has a population of more than 11,000. |
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27 | 27 | | SECTION 2. Section 352.110, Tax Code, is amended to read as |
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28 | 28 | | follows: |
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29 | 29 | | Sec. 352.110. USE OF REVENUE; CERTAIN COUNTIES LOCATED |
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30 | 30 | | WHOLLY IN EDWARDS AQUIFER AUTHORITY. A county authorized to impose |
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31 | 31 | | a tax by Section 352.002(a)(15) may use the revenue from the tax |
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32 | 32 | | only as follows: |
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33 | 33 | | (1) 75 percent of the revenue for the purposes |
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34 | 34 | | described by Section 351.101(a) and only in relation to |
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35 | 35 | | unincorporated areas of the county [promotion of tourism and |
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36 | 36 | | lodging]; and |
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37 | 37 | | (2) notwithstanding Section 352.1015, 25 percent of |
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38 | 38 | | the revenue for: |
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39 | 39 | | (A) the removal of trash and litter in the |
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40 | 40 | | state-owned rivers and riverbeds located within the boundaries of |
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41 | 41 | | the county; and |
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42 | 42 | | (B) the provision and maintenance of litter |
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43 | 43 | | containers on or adjacent to state-owned rivers and riverbeds |
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44 | 44 | | primarily used by lodging guests and located within the boundaries |
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45 | 45 | | of the county. |
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46 | 46 | | SECTION 3. Subchapter B, Chapter 352, Tax Code, is amended |
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47 | 47 | | by adding Section 352.117 to read as follows: |
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48 | 48 | | Sec. 352.117. USE OF REVENUE: CERTAIN COUNTIES THROUGH |
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49 | 49 | | WHICH THE FRIO RIVER FLOWS. (a) Subject to Subsection (b), in |
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50 | 50 | | addition to the purposes authorized by this chapter, the revenue |
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51 | 51 | | from a tax imposed under this chapter by a county authorized to |
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52 | 52 | | impose the tax under Section 352.002(a)(16) may be used for: |
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53 | 53 | | (1) the removal of trash and litter in the parts of |
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54 | 54 | | state-owned rivers and riverbeds located within the boundaries of |
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55 | 55 | | the county; and |
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56 | 56 | | (2) the provision and maintenance of litter containers |
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57 | 57 | | on or adjacent to parts of state-owned rivers and riverbeds that |
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58 | 58 | | are: |
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59 | 59 | | (A) primarily used by lodging guests; and |
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60 | 60 | | (B) located within the boundaries of the county. |
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61 | 61 | | (b) A county to which this section applies shall spend 25 |
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62 | 62 | | percent of the revenue derived in a fiscal year from the tax |
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63 | 63 | | authorized by this chapter for the purposes authorized under |
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64 | 64 | | Subsection (a). |
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65 | 65 | | SECTION 4. This Act takes effect immediately if it receives |
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66 | 66 | | a vote of two-thirds of all the members elected to each house, as |
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67 | 67 | | provided by Section 39, Article III, Texas Constitution. If this |
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68 | 68 | | Act does not receive the vote necessary for immediate effect, this |
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69 | 69 | | Act takes effect September 1, 2025. |
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