By Ramsay                                             H.B. No. 2466
         76R8088 T                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the expenditure of revenue and interest derived from
 1-3     the municipal hotel occupancy tax.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 351.001, Tax Code, is amended by adding
 1-6     Subdivision (10) to read as follows:
 1-7                 (10)  "Revenue" includes any interest derived from the
 1-8     revenue.
 1-9           SECTION 2.  Subchapter A, Chapter 351, Tax Code, is amended
1-10     by adding Sections 351.107 and 351.108 to read as follows:
1-11           Sec. 351.107.  INJUNCTION AND RELIEF.  On a finding by a
1-12     district court that revenue from the tax imposed under this chapter
1-13     has been spent or is going to be spent by the municipality, by a
1-14     person with whom the municipality contracts, or by any other person
1-15     for a purpose not authorized by this chapter, the court may:
1-16                 (1)  grant any injunctive relief necessary to prevent
1-17     the revenue from being spent for the unauthorized purpose; and
1-18                 (2)  order the full amount of any revenue spent for an
1-19     unauthorized purpose be paid to the account or fund in which the
1-20     municipality's hotel occupancy tax is deposited and expended only
1-21     for purposes authorized by this chapter.
1-22           Sec. 351.108.  SEPARATE RECORDS.  A municipality shall
1-23     maintain a record that identifies, as separate items:
1-24                 (1)  the amount of revenue derived from the tax imposed
 2-1     under this chapter; and
 2-2                 (2)  the amount and purpose of each expenditure from
 2-3     that revenue.
 2-4           SECTION 3.  (a)  This Act takes effect September 1, 1999.
 2-5           (b)  Sections 351.107 and 351.108, Tax Code, as added by this
 2-6     Act, apply only to an expenditure made on or after the effective
 2-7     date of this Act, without regard to whether the expenditure is from
 2-8     revenue collected under Chapter 351, Tax Code, before, on, or after
 2-9     that date.
2-10           (c)  An expenditure made before the effective date of this
2-11     Act is governed by the law applicable to the action immediately
2-12     before the effective date of this Act, and that law is continued in
2-13     effect for that purpose.
2-14           SECTION 4.  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.