H.B. No. 1039 amends the Texas Tax Code to allow certain counties, specifically those bordering the United Mexican States and containing a portion of the West Nueces River, to impose a hotel occupancy tax. This new provision, added as Subsection (kk) to Section 352.002, specifies that the tax does not apply to hotels located in municipalities that already impose a tax under Chapter 351. Additionally, the bill repeals Section 351.1035 of the Tax Code, which may have previously governed aspects of hotel occupancy tax.

The changes made by this Act will only apply to revenue collected on or after its effective date, with any revenue collected prior to that date continuing to be governed by the existing law. The Act is set to take effect immediately if it receives a two-thirds majority vote from both houses of the legislature; otherwise, it will take effect on September 1, 2025.

Statutes affected:
Introduced: Tax Code 351.1035 (Tax Code 351)
House Committee Report: Tax Code 351.1035 (Tax Code 351)
Engrossed: Tax Code 352.002, Tax Code 351.1035 (Tax Code 351, Tax Code 352)