BILL ANALYSIS
S.B. 1492
By: Shapiro
Finance
4-28-95
Committee Report (Unamended)
BACKGROUND
Currently, county and municipal governments audit hotels' tax
records to determine if hotels are remitting the local portion of
the state hotel occupancy tax. The Comptroller's Office also
audits these records. The duplication of effort occurs because
state law prohibits sharing certain tax information between the
state and local governments. Local governments could streamline
auditing functions by having access to the comptroller's hotel tax
information.
PURPOSE
As proposed, S.B. 1492 authorizes the comptroller or the attorney
general to disclose to a municipality or county certain information
derived from an audit to ascertain compliance with the payment of
the hotel occupancy tax.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 111.006, Tax Code, by amending Subsection
(a) and adding Subsection (d), as follows:
(a) Makes a conforming change.
(d) Authorizes the comptroller or the attorney general to
disclose to a municipality or county information obtained by
the comptroller or attorney general during an examination of
the taxpayers' records or employees, if the information was
derived from an examination performed for the purpose of
ascertaining compliance with the hotel occupancy tax imposed
under Chapter 156; the municipality or county makes written
request for the information; the municipality or county making
the request has imposed a local hotel occupancy tax authorized
by Chapter 351 or 352, as applicable; the municipality or
county uses the information only for the enforcement or
administration of its local hotel occupancy tax; and to the
extent consistent with the use authorized by Subdivision (4),
the municipality or county keeps the information confidential
as provided by this section.
SECTION 2. Effective date: September 1, 1995.
SECTION 3. Emergency clause.