89th Legislature

HB 3567

Overall Vote Recommendation
No
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 3567 seeks to amend the Texas Tax Code by authorizing a specific category of counties to impose a hotel occupancy tax. Under the bill, a county is eligible if it has a population exceeding 125,000, shares a border with the Red River, and has a county seat with a population greater than 100,000. This provision targets a small set of counties, likely limited to one or two jurisdictions based on demographic criteria. The tax authority granted under this bill is capped at a maximum rate of 2% on the price paid for a hotel room and is authorized only through September 1, 2030.

The bill amends Section 352.002 of the Tax Code by adding Subsection (jj) to outline the eligibility and expiration of the authority to impose the tax. It also adds Subsection (ff) to Section 352.003 to set the rate limitation. The bill contains an immediate effective date contingent upon receiving a two-thirds vote in each legislative chamber; otherwise, it takes effect on September 1, 2025.

The intent behind this legislation appears to be enabling counties with significant tourism or hospitality activity to generate revenue for local purposes, potentially related to economic development, infrastructure, or tourism promotion. However, the bill does not specify how the tax revenue must be spent, leaving that to the discretion of the county commissioners court. The temporary nature of the provision and the limited scope of application help prevent broad expansion of local taxation powers, but the bill nonetheless represents a shift in fiscal authority to local governments.

The key difference between the originally filed version of HB 3567 and the Committee Substitute lies in the specificity and control over how the hotel occupancy tax revenue may be used. The originally filed bill included an entire new section—Section 352.118 of the Tax Code—which laid out detailed, allowable uses for the tax revenue collected by qualifying counties. This included support for tourism-driven sporting events, development of public spaces such as amphitheaters and parks, grants to arts and cultural organizations, funding for history museums, and administrative staffing with a 10% revenue cap for that purpose. These provisions served both to ensure the tax revenues would be used to directly benefit tourism and cultural development and to provide transparency and limitations on administrative overhead.

In contrast, the Committee Substitute version entirely removes Section 352.118, eliminating all restrictions and guidance on how tax revenues should be spent. It retains only the basic authority for qualifying counties to impose the hotel tax at a maximum rate of 2% and establishes the same expiration date of September 1, 2030. By omitting the list of authorized uses, the substitute bill effectively grants broader discretion to county governments on how to allocate these funds without requiring a direct connection to tourism-related activities.

This shift represents a move from a narrowly tailored fiscal tool with oversight mechanisms toward a more flexible, local-control approach. While this may simplify administration and allow counties to respond to local priorities, it also introduces potential concerns regarding accountability and whether the tax will truly serve the purposes often used to justify such levies—namely, promoting tourism and local economic development.
Author
James Frank
Fiscal Notes

 Acording to the Legislative Budget Board (LBB), the fiscal implications of HB 3567 are minimal at the state level but potentially meaningful for certain local governments. According to the LBB's fiscal note, no fiscal impact to the state is anticipated. This is because the bill authorizes local governments—specifically, counties that meet certain population and geographic criteria—to impose a hotel occupancy tax, but it does not create or modify any state-level tax mechanisms or revenue streams.

For local governments, however, the bill creates a new revenue opportunity. Eligible counties may impose a hotel occupancy tax of up to 2% on the price of a hotel room. The revenue generated would depend on the volume of hotel stays within the affected counties, which are likely to include tourism-oriented areas due to their proximity to the Red River and population size. While the specific revenue impact will vary, such taxes typically generate steady income that can support local infrastructure, tourism, or general services, depending on how the funds are allocated.

It is also important to note that the bill includes a sunset provision, with the taxing authority expiring on September 1, 2030. This limitation adds a degree of fiscal restraint, ensuring that any financial impacts—positive or negative—are temporary unless the legislature takes future action to extend the provisions. Overall, the bill is fiscally neutral to the state but may enhance local fiscal capacity in targeted counties.

Vote Recommendation Notes

HB 3567 proposes to authorize counties that meet specific criteria—effectively targeting Wichita County—to impose a hotel occupancy tax of up to 2% through 2030. While the bill is framed as a tool to promote tourism and generate local revenue without impacting the state budget, it raises several concerns that conflict with core principles of limited government, free enterprise, and fiscal accountability.

The Committee Substitute removed important restrictions that were originally included to ensure the tax revenue would be used for tourism-related or public-interest purposes, such as funding museums or arts venues. Without these guardrails, the bill provides broad taxing authority with minimal accountability. This lack of constraint increases the risk that the tax revenue could be used for general government spending or non-transparent purposes unrelated to its original justification.

From an economic perspective, hotel occupancy taxes distort the hospitality market by increasing the cost of lodging, potentially deterring travel, tourism, and local business. This is particularly problematic for small or independently owned hotels that operate on narrow margins and rely on competitive pricing. Though the tax targets visitors, locals—especially those hosting family, traveling for emergencies, or working in hospitality—can also be negatively impacted.

Ultimately, HB 3567 represents a tax expansion with insufficient oversight, burdens a key sector of the economy, and sets a precedent for future tax creep. Legislators who prioritize taxpayer protection, government restraint, and market freedom have strong grounds to oppose the bill. Texas Policy Research recommends that lawmakers vote NO on HB 3567 and encourages lawmakers to resist the temptation to grow local government revenue through methods that lack clear justification and long-term accountability. Texas Policy Research recommends that lawmakers vote NO on HB 3567.

  • Individual Liberty: While the bill does not directly curtail individual freedoms such as speech or privacy, it indirectly affects individual liberty by increasing the cost burden on consumers without offering a direct choice or opt-out. Travelers, including Texas residents, will face higher prices for lodging due to a tax they have no say in and from which they derive no guaranteed benefit. The erosion of economic freedom through indirect taxation—especially without clear justification or voter approval—chips away at individual liberty over time.
  • Personal Responsibility: HB 3567 does not incentivize or promote personal responsibility. Instead, it uses a coercive mechanism (taxation) to raise revenue for undefined local government purposes. When government entities fund projects through taxes rather than private initiative or voluntary funding mechanisms, it shifts responsibility away from civic institutions and local stakeholders, and onto the backs of consumers—many of whom are unaware they're even being taxed.
  • Free Enterprise: This bill represents a clear encroachment on free enterprise. It places an additional cost on a specific private industry—hotels—by empowering local government to increase prices through taxation. This kind of sector-specific tax distorts market pricing, potentially reduces competitiveness, and particularly harms small and independent hospitality operators. It favors government-driven revenue strategies over free-market solutions for economic development and tourism.
  • Private Property Rights: While the bill does not affect ownership or eminent domain, it can indirectly diminish the value or profitability of private property in the hospitality sector. Hotel owners will be compelled to act as tax collectors for the county, bear the administrative burden of compliance, and may face decreased occupancy or profitability due to higher total prices. This infringes on their autonomy to operate their businesses freely and profitably without undue government interference.
  • Limited Government: HB 3567 expands local government authority to levy taxes without establishing strong oversight or limitations on how that tax revenue is used. The removal of specific use restrictions from the originally filed version of the bill makes the substitute version a vehicle for unchecked local spending. Even though the bill includes an expiration clause (2030), temporary taxing authority often becomes permanent. The bill thus violates the principle that government should be constrained, transparent, and restrained in its scope and power.
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