|  | 
      
        |  | 
      
        |  | 
      
        |  | AN ACT | 
      
        |  | relating to the imposition and rate of the county hotel occupancy | 
      
        |  | tax in certain counties; authorizing the imposition of a tax. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Section 352.002, Tax Code, is amended by adding | 
      
        |  | Subsection (z) to read as follows: | 
      
        |  | (z)  The commissioners court of a county with a population of | 
      
        |  | not more than 50,000 and in which an annual peanut festival is held | 
      
        |  | may impose a tax as provided by Subsection (a). | 
      
        |  | SECTION 2.  Section 352.003, Tax Code, is amended by adding | 
      
        |  | Subsection (w) to read as follows: | 
      
        |  | (w)  The tax rate in a county authorized to impose the tax | 
      
        |  | under Section 352.002(z) may not exceed seven percent of the price | 
      
        |  | paid for a room in a hotel, except that the tax rate may not exceed | 
      
        |  | two percent of the price paid for a room in a hotel if the hotel is | 
      
        |  | located in: | 
      
        |  | (1)  a municipality that imposes a tax under Chapter | 
      
        |  | 351 applicable to the hotel; or | 
      
        |  | (2)  the extraterritorial jurisdiction of a | 
      
        |  | municipality that imposes a tax under Section 351.0025 applicable | 
      
        |  | to the hotel. | 
      
        |  | SECTION 3.  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, 2019. | 
      
        |  | 
      
        |  | 
      
        |  | ______________________________ | ______________________________ | 
      
        |  | President of the Senate | Speaker of the House | 
      
        |  | 
      
        |  | 
      
        |  | I certify that H.B. No. 1633 was passed by the House on May 3, | 
      
        |  | 2019, by the following vote:  Yeas 107, Nays 33, 2 present, not | 
      
        |  | voting. | 
      
        |  |  | 
      
        |  | ______________________________ | 
      
        |  | Chief Clerk of the House | 
      
        |  | 
      
        |  | 
      
        |  | I certify that H.B. No. 1633 was passed by the Senate on May | 
      
        |  | 19, 2019, by the following vote:  Yeas 23, Nays 8. | 
      
        |  |  | 
      
        |  | ______________________________ | 
      
        |  | Secretary of the Senate | 
      
        |  | APPROVED:  _____________________ | 
      
        |  | Date | 
      
        |  |  | 
      
        |  | _____________________ | 
      
        |  | Governor |