By: Bowers H.B. No. 4764

Statutes affected:
Introduced: Tax Code 351.003, Tax Code 351.152, Tax Code 351.157 (Tax Code 351)

 
 
A BILL TO BE ENTITLED
AN ACT
relating to the use of municipal hotel occupancy tax revenue in
certain municipalities.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 351.003, Tax Code, is amended by adding
Subsection (g) to read as follows:
       (g)  The rate in a municipality that has a population of at
least 150,000 and is partially located in a county that contains a
portion of Cedar Creek Reservoir and has a population of at least
145,000 may not exceed nine percent of the price paid for a room.
The municipality shall allocate for the construction, expansion,
maintenance, or operation of convention center facilities all
revenue received by the municipality that is derived from the
application of the tax at a rate of more than seven percent of the
price paid for a room in a hotel.
       SECTION 2.  Section 351.152, Tax Code, is amended to read as
follows:
       Sec. 351.152.  APPLICABILITY. This subchapter applies only
to:
             (1)  a municipality described by Section
351.001(7)(B);
             (2)  a municipality described by Section
351.001(7)(D);
             (3)  a municipality described by Section
351.001(7)(E);
             (4)  a municipality described by Section
351.102(e)(3);
             (5)  a municipality that contains more than 75 percent
of the population of a county with a population of 1.5 million or
more;
             (6)  a municipality with a population of 150,000 or
more but less than 200,000 that is partially located in at least one
county with a population of 125,000 or more;
             (7)  a municipality with a population of 150,000 or
more but less than one million that is located in one county with a
population of 2.3 million or more;
             (8)  a municipality with a population of 180,000 or
more that:
                   (A)  is located in two counties, each with a
population of 100,000 or more; and
                   (B)  contains an American Quarter Horse Hall of
Fame and Museum;
             (9)  a municipality with a population of 96,000 or more
that is located in a county that borders Lake Palestine;
             (10)  a municipality with a population of 96,000 or
more that is located in a county that contains the headwaters of the
San Gabriel River;
             (11)  a municipality with a population of 99,900 or
more but less than 111,000 that is located in a county with a
population of 135,000 or more;
             (12)  a municipality with a population of 110,000 or
more but less than 135,000 at least part of which is located in a
county with a population of less than 135,000;
             (13)  a municipality with a population of 9,000 or more
but less than 10,000 that is located in two counties, each of which
has a population of 662,000 or more and a southern border with a
county with a population of 2.3 million or more;
             (14)  a municipality with a population of 200,000 or
more but less than 300,000 that contains a component institution of
the Texas Tech University System;
             (15)  a municipality with a population of 95,000 or
more that:
                   (A)  is located in more than one county; and
                   (B)  borders Lake Lewisville;
             (16)  a municipality with a population of 45,000 or
more that:
                   (A)  contains a portion of Cedar Hill State Park;
                   (B)  is located in two counties, one of which has a
population of two million or more and one of which has a population
of 149,000 or more; and
                   (C)  has adopted a capital improvement plan for
the construction or expansion of a convention center facility;
             (17)  a municipality with a population of less than