SRC-SEW H.B. 2756 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2756
77R10396 DAK-DBy: Ritter (Bernsen)
Intergovernmental Relations
5/7/2001
Engrossed


DIGEST AND PURPOSE 

Current law requires a county or entity that spends revenue derived from
the county hotel occupancy tax to spend the revenue to promote tourism and
the convention and hotel industry. Although the county or entity is
required to maintain records of all of its expenditures, the county or
entity is not required to indicate which of its programs or activities
directly promote tourism and the hotel and convention industry. H.B. 2756
requires a county or other entity that spends revenue derived from the
county hotel occupancy tax to specify in a list each scheduled activity or
event that is directly funded by the tax or is offered by an entity that
has its administrative costs funded wholly or partly by the tax and that
directly promotes tourism and convention and hotel activity.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 352B, Tax Code, by adding Section 352.109, as
follows: 
 
Sec. 352.109.  RECORDS. (a)  Requires a county to maintain a record that
accurately identifies the receipt and expenditure of all revenue derived
from the tax imposed under this chapter. 

(b)  Requires a county or entity that spends revenue derived from the tax
imposed under this chapter, before making an expenditure, to specify in a
list certain scheduled activities or events. 

(c)  Requires, if the commissioners court of a county delegates to another
entity the management or supervision of an activity or event funded by the
tax imposed under this chapter, each entity that is ultimately funded by
the tax, before making an expenditure, to specify in a list certain
scheduled activities or events. 

(d)  Provides that Subsections (b) and (c) do not prevent the county or
funded entity from subsequently adding an activity or event to the list
required by those subsections if the activity or event directly promotes
tourism and hotel and convention activity. 

(e)  Provides that this section does not prevent a county or funded entity
from setting aside tax revenue in a designated reserve fund for use in
supporting planned activities, future events, and facility improvements
that directly promote tourism and hotel and convention activity. 

(f)  Provides that, for the purposes of this section, all expenditures for
a sports and community venue project and related infrastructure, as those
terms are defined by Section 334.001, Local Government Code, are a single
scheduled activity or event. 
  
SECTION 2. (a) Effective date:  September 1, 2001.

(b)  Provides that Section 352.109, Tax Code, as added by this Act, applies
only to an expenditure made on or after the effective date of this Act,
without regard to whether the expenditure is from revenue collected under
Chapter 352, Tax Code, before, on, or after that date. 

(c)  Provides that an expenditure made before the effective date of this
Act is governed by the law applicable to the action immediately before the
effective date of this Act, and that law is continued in effect for that
purpose.