By Shapiro                                            S.B. No. 1492
       74R6931 DAK-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the confidentiality of information derived from an
    1-3  audit to ascertain compliance with the payment of the hotel
    1-4  occupancy tax.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 111.006, Tax Code, is amended by amending
    1-7  Subsection (a) and adding Subsection (d) to read as follows:
    1-8        (a)  The following matter is confidential and may not be used
    1-9  publicly, opened to public inspection, or disclosed except as
   1-10  permitted under Subsection (b) or (d) <of this section>:
   1-11              (1)  a federal tax return or federal tax return
   1-12  information required to have been submitted to the comptroller with
   1-13  a state tax return or report; and
   1-14              (2)  all information secured, derived, or obtained by
   1-15  the comptroller or the attorney general during the course of an
   1-16  examination of the taxpayer's books, records, papers, officers, or
   1-17  employees, including an examination of the business affairs,
   1-18  operations, source of income, profits, losses, or expenditures of
   1-19  the taxpayer.
   1-20        (d)  The comptroller or the attorney general may disclose to
   1-21  a municipality or county the information described by Subsection
   1-22  (a)(2) if:
   1-23              (1)  the information was derived from an examination
   1-24  performed for the purpose of ascertaining compliance with the hotel
    2-1  occupancy tax imposed under Chapter 156;
    2-2              (2)  the municipality or county makes a written request
    2-3  for the information;
    2-4              (3)  the municipality or county making the request has
    2-5  imposed a local hotel occupancy tax authorized by Chapter 351 or
    2-6  352, as applicable;
    2-7              (4)  the municipality or county uses the information
    2-8  only for the enforcement or administration of its local hotel
    2-9  occupancy tax; and
   2-10              (5)  to the extent consistent with the use authorized
   2-11  by Subdivision (4), the municipality or county keeps the
   2-12  information confidential as provided by this section.
   2-13        SECTION 2.  This Act takes effect September 1, 1995.
   2-14        SECTION 3.  The importance of this legislation and the
   2-15  crowded condition of the calendars in both houses create an
   2-16  emergency and an imperative public necessity that the
   2-17  constitutional rule requiring bills to be read on three several
   2-18  days in each house be suspended, and this rule is hereby suspended.