Tex. Tax Code Section 352.003
Tax Rates


(a)

Except as provided by this section the tax authorized by this chapter may be imposed at any rate not to exceed seven percent of the price paid for a room in a hotel or, until January 1, 2001, eight percent of the price paid for a room in a hotel in a county with a population of more than 3.3 million.

(b)

The county tax rate in a municipality that has a population of 1.9 million or more may not exceed two percent of the price paid for a room in a hotel.

(c)

The rate in a county that does not have a municipality may not exceed four percent of the price paid for a room in a hotel. This subsection does not apply to:

(1)

a county that has a population of 10,000 or more and borders the United Mexican States; or

(2)

a county that borders three counties, each of which borders the United Mexican States.

(d)

The tax rate in a county that borders the United Mexican States and in which there is located a national park of more than 400,000 acres may not exceed seven percent of the price paid for a room in a hotel.

(e)

The tax rate in a county authorized to impose the tax under Section 352.002 (Tax Authorized)(a)(6) and that has a population of less than 50,000 and adjoins the most populous county in this state may not exceed three percent of the price paid for a room in a hotel.

(f)

The tax rate in a county that borders the Gulf of Mexico, has a population of more than 200,000, and borders the Neches River may not exceed two percent of the price paid for a room in a hotel in the county.

(g)

The tax rate in a county authorized to impose the tax under Section 352.002 (Tax Authorized)(a)(18) may not exceed two percent of the price paid for a room in a hotel.

(h)

The tax rate in a county authorized to impose the tax under Section 352.002 (Tax Authorized)(a-1) may not exceed one percent of the price paid for a room in a hotel in the county.

(i)

The tax rate in a county authorized to impose the tax under Section 352.002 (Tax Authorized)(g) may not exceed two percent of the price paid for a room in a hotel.

(i-1)

Notwithstanding Subsection (i), the tax rate in a county authorized to impose the tax under Section 352.002 (Tax Authorized)(g) may not exceed 2.75 percent of the price paid for a room in a hotel if:

(1)

the convention and visitors bureau within the county executes a preferred access facilities contract with a major state university based in the county for the purpose of promoting tourism in the county;

(2)

the county allocates, for payments to the university under the contract described by Subdivision (1) to be used for the renovation of a stadium located in the county and owned by the university, the portion of the revenue received by the county that is derived from the application of the tax at a rate of more than two percent of the price paid for a room in a hotel; and

(3)

not more than 30 years have passed from the date bonds were originally issued by the university to finance a stadium renovation project for the stadium described by Subdivision (2).

(i-2)

Subsection (i-1) and this subsection expire on the date the county commissioners court certifies that all debt issued or incurred by the university to finance or refinance the stadium renovation project described by Subsection (i-1), including interest and any costs relating to the debt, has been paid in full.

(j)

The tax rate in a county authorized to impose the tax under Section 352.002 (Tax Authorized)(a)(24), (25), (26), or (27) may not exceed two percent of the price paid for a room in a hotel.

(k)

The tax rate in a county authorized to impose the tax under Section 352.002 (Tax Authorized)(a)(28) may not exceed two percent of the price paid for a room in a hotel.

(l)

The tax rate in a county authorized to impose the tax under Section 352.002 (Tax Authorized)(h) may not exceed two percent of the price paid for a room in a hotel.

(m)

The tax rate in a county authorized to impose the tax under Section 352.002 (Tax Authorized)(k) may not exceed two percent of the price paid for a room in a hotel.

(n)

The tax rate in a county authorized to impose the tax under Section 352.002 (Tax Authorized)(o) may not exceed two percent of the price paid for a room in a hotel.

(o)

Except as otherwise provided by this subsection, the tax rate in a county authorized to impose the tax under Section 352.002 (Tax Authorized)(p) may not exceed seven percent of the price paid for a room in a hotel. The county shall impose the tax authorized under Section 352.002 (Tax Authorized)(p) at a rate that may not exceed 0.75 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 (Municipal Hotel Occupancy Taxes) applicable to the hotel; or

(2)

the extraterritorial jurisdiction of that municipality and the municipality imposes a tax in that area under Section 351.0025 (Extraterritorial Jurisdiction) applicable to the hotel.

(p)

In a county authorized to impose the tax under Section 352.002 (Tax Authorized)(n), the county tax rate in relation to a hotel located in a municipality that imposes a tax under Chapter 351 (Municipal Hotel Occupancy Taxes) may not exceed a rate that, when added to the rate of the tax imposed by the municipality under Chapter 351 (Municipal Hotel Occupancy Taxes), exceeds the sum of the rate prescribed by Section 351.003 (Tax Rates)(a) plus two percent.

(q)

Except as otherwise provided by this subsection, the tax rate in a county authorized to impose the tax under Section 352.002 (Tax Authorized)(a)(13) may not exceed seven percent of the price paid for a room in the hotel. The county shall impose the tax authorized under Section 352.002 (Tax Authorized)(a)(13) at a rate that 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 (Municipal Hotel Occupancy Taxes) applicable to the hotel; or

(2)

the extraterritorial jurisdiction of that municipality and the municipality imposes a tax in that area under Section 351.0025 (Extraterritorial Jurisdiction) applicable to the hotel.

(r)

The tax rate in a county authorized to impose the tax under Section 352.002 (Tax Authorized)(q) may not exceed two percent of the price paid for a room in a hotel.

(s)

The county tax rate in a county authorized to impose the tax under Section 352.002 (Tax Authorized)(r) may not exceed two percent of the price paid for a room in a hotel if the hotel is located in a municipality that imposes a tax under Chapter 351 (Municipal Hotel Occupancy Taxes) applicable to that hotel.

(t)

The tax rate in a county that is authorized to impose the tax under Section 352.002 (Tax Authorized)(a)(6), that has a population of less than 25,000, and that is adjacent to a county with a population of more than 750,000 may not exceed nine percent of the price paid for a room in a hotel.

(u)

The tax rate in a county authorized to impose the tax under Section 352.002 (Tax Authorized)(x) may not exceed two percent of the price paid for a room in a hotel.

(v)

The tax rate in a county authorized to impose the tax under Section 352.002 (Tax Authorized)(y) 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 (Municipal Hotel Occupancy Taxes) applicable to the hotel; or

(2)

the extraterritorial jurisdiction of a municipality that imposes a tax under Section 351.0025 (Extraterritorial Jurisdiction) applicable to the hotel.

(w)

The tax rate in a county authorized to impose the tax under Section 352.002 (Tax Authorized)(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 (Municipal Hotel Occupancy Taxes) applicable to the hotel; or

(2)

the extraterritorial jurisdiction of a municipality that imposes a tax under Section 351.0025 (Extraterritorial Jurisdiction) applicable to the hotel.

(x)

The tax rate in a county authorized to impose the tax under Section 352.002 (Tax Authorized)(s) may not exceed two percent of the price paid for a room in a hotel.

(y)

The tax rate in a county authorized to impose the tax under Section 352.002 (Tax Authorized)(a)(4) may not exceed two percent of the price paid for a room in a hotel.

(z)

The tax rate in a county authorized to impose the tax under Section 352.002 (Tax Authorized)(bb) may not exceed two percent of the price paid for a room in a hotel.

(aa)

The tax rate in a county authorized to impose the tax under Section 352.002 (Tax Authorized)(cc) may not exceed two percent of the price paid for a room in a hotel.

(bb)

The tax rate in a county authorized to impose the tax under Section 352.002 (Tax Authorized)(v) 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 (Municipal Hotel Occupancy Taxes) applicable to the hotel; or

(2)

the extraterritorial jurisdiction of a municipality that imposes a tax under Section 351.0025 (Extraterritorial Jurisdiction) applicable to the hotel.

(bb)

The tax rate in a county authorized to impose the tax under Section 352.002 (Tax Authorized)(w) may not exceed two percent of the price paid for a room in a hotel.

(bb)

The tax rate in a county authorized to impose the tax under Section 352.002 (Tax Authorized)(ee) 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 (Municipal Hotel Occupancy Taxes) applicable to the hotel; or

(2)

the extraterritorial jurisdiction of a municipality that imposes a tax under Section 351.0025 (Extraterritorial Jurisdiction) applicable to the hotel.

(bb)

The tax rate in a county authorized to impose the tax under Section 352.002 (Tax Authorized)(v) may not exceed two percent of the price paid for a room in a hotel.
Added by Acts 1987, 70th Leg., ch. 191, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 2, Sec. 14.25(a), eff. Aug. 28, 1989; Acts 1995, 74th Leg., ch. 591, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 418, Sec. 2, eff. May 28, 1997; Acts 1999, 76th Leg., ch. 1492, Sec. 2, eff. June 19, 1999; Acts 2001, 77th Leg., ch. 669, Sec. 126, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1402, Sec. 2, eff. June 26, 2001; Acts 2003, 78th Leg., ch. 741, Sec. 2, eff. June 20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 24 (S.B. 213), Sec. 2, eff. May 4, 2007.
Acts 2007, 80th Leg., R.S., Ch. 167 (S.B. 1463), Sec. 2, eff. May 22, 2007.
Acts 2007, 80th Leg., R.S., Ch. 319 (H.B. 2322), Sec. 1, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 749 (H.B. 3132), Sec. 2, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1031 (H.B. 1669), Sec. 2, eff. June 15, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1359 (H.B. 1820), Sec. 2, eff. June 15, 2007.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 22.011, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 22.012, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 22.013, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 327 (H.B. 749), Sec. 2, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1087 (H.B. 4781), Sec. 5, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1185 (H.B. 3669), Sec. 3, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1185 (H.B. 3669), Sec. 4, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 828 (H.B. 3076), Sec. 1, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 919 (S.B. 1413), Sec. 2, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1084 (S.B. 1185), Sec. 2, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 83 (S.B. 412), Sec. 2, eff. May 18, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 113 (S.B. 1041), Sec. 2, eff. May 18, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1073 (H.B. 3296), Sec. 1, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1239 (S.B. 1833), Sec. 1, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 981 (H.B. 4037), Sec. 2, eff. June 19, 2015.
Acts 2017, 85th Leg., R.S., Ch. 785 (H.B. 2445), Sec. 13, eff. June 15, 2017.
Acts 2019, 86th Leg., R.S., Ch. 349 (H.B. 1633), Sec. 2, eff. June 2, 2019.
Acts 2019, 86th Leg., R.S., Ch. 536 (H.B. 2272), Sec. 1, eff. June 10, 2019.
Acts 2019, 86th Leg., R.S., Ch. 998 (H.B. 1634), Sec. 3, eff. June 14, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1016 (S.B. 2137), Sec. 3, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 775 (H.B. 3217), Sec. 2, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 779 (S.B. 696), Sec. 2, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 215 (S.B. 1809), Sec. 2, eff. May 27, 2023.
Acts 2023, 88th Leg., R.S., Ch. 641 (H.B. 1034), Sec. 2, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 238, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 775 (H.B. 3453), Sec. 2, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 780 (H.B. 5105), Sec. 2, eff. September 1, 2023.

Source: Section 352.003 — Tax Rates, https://statutes.­capitol.­texas.­gov/Docs/TX/htm/TX.­352.­htm#352.­003 (accessed Apr. 20, 2024).

352.001
Definitions
352.002
Tax Authorized
352.003
Tax Rates
352.004
Tax Collection
352.005
Reimbursement for Expenses of Tax Collection and Use of Electronic Tax Administration System
352.006
Audit
352.007
Exemption
352.008
Concurrent State Tax Delinquency
352.009
Annual Report to Comptroller
352.0031
Preexisting Contracts
352.0041
Collection Procedures on Purchase of Hotel
352.101
Use of Revenue in Populous Counties
352.102
Use of Revenue: Counties Bordering Mexico
352.103
Use of Revenue: Counties with No Municipality
352.104
Pledge for Bonds
352.106
Use of Revenue
352.107
Hotel Tax Authorized for County Development Districts
352.108
Use of Revenue
352.109
Records
352.110
Use of Revenue
352.111
Use of Revenue
352.112
Use of Revenue: Certain Counties Holding an Annual Strawberry Festival
352.113
Use of Revenue: Certain Counties Bordering Lake Ray Roberts
352.114
Use of Revenue: Certain Counties Containing an Indian Reservation
352.115
Use of Revenue: Certain Counties Containing National Grassland
352.1015
Use of Revenue: General Provisions
352.1016
Electronic Tax Administration System
352.1031
General Limitations on Use of Revenue
352.1032
Use of Revenue: Counties Bordering Edwards Aquifer Authority
352.1033
Use of Revenue
352.1035
Certain Counties Bordering Whitney Lake
352.1036
Use of Revenue: Counties Bordering Lake J
352.1037
Use of Revenue: Certain Counties Bordering Neches and Trinity Rivers
352.1038
Use of Revenue: Certain Counties Containing Universities
352.1039
Use of Revenue: Certain Counties Through Which Aransas River Flows

Accessed:
Apr. 20, 2024

§ 352.003’s source at texas​.gov