S.B. No. 804
 
 
 
 
AN ACT
  relating to the use of revenue from the hotel occupancy tax by
  certain counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 352.1033, Tax Code, is amended by
  amending Subsection (a) and adding Subsections (c) and (d) to read
  as follows:
         (a)  Subject to Subsection (c), the [The] revenue from a tax
  imposed under this chapter by a county that borders the Gulf of
  Mexico authorized to impose the tax by Section 352.002(a)(6) may be
  used only to:
               (1)  clean public beaches;
               (2)  acquire, furnish, or maintain facilities,
  including parks, that enhance public access to beaches;
               (3)  provide and maintain public restrooms on or
  adjacent to beaches or beach access facilities;
               (4)  provide and maintain litter containers on or
  adjacent to beaches or beach access facilities;
               (5)  create, renovate, promote, and maintain parks
  adjacent to bays, rivers, and other navigable waterways if the
  county does not operate a public beach on the Gulf of Mexico; and
               (6)  advertise and conduct solicitations and
  promotional programs to attract tourists and convention delegates
  or registrants to the county or its vicinity, any of which may be
  conducted by the county or through contracts with persons or
  organizations selected by the county.
         (c)  In addition to the uses allowed by Subsection (a), a
  county authorized to impose a tax under this chapter by Section
  352.002(a)(6) that has a population of 50,000 or less and in which
  there is located at least one state park and one national wildlife
  refuge may use the revenue from the tax to:
               (1)  acquire, construct, furnish, or maintain
  facilities, such as aquariums, birding centers and viewing sites,
  history and art centers, and nature centers and trails;
               (2)  advertise and conduct solicitations and
  promotional programs to attract conventions and visitors; and
               (3)  provide and maintain public restrooms and litter
  containers on public land in an area that is a tourism venue.
         (d)  The limitation prescribed by Subsection (b) does not
  apply to the use of revenue from a tax imposed under this chapter by
  a county to which Subsection (c) applies.
         SECTION 2.  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.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 804 passed the Senate on
  April 7, 2011, by the following vote: Yeas 31, Nays 0; and that
  the Senate concurred in House amendment on May 25, 2011, by the
  following vote: Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 804 passed the House, with
  amendment, on May 23, 2011, by the following vote: Yeas 142,
  Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor