1-1 AN ACT
1-2 relating to the recording of expenditures of revenue from the
1-3 county hotel occupancy tax.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 352, Tax Code, is amended
1-6 by adding Section 352.109 to read as follows:
1-7 Sec. 352.109. RECORDS. (a) A county shall maintain a record
1-8 that accurately identifies the receipt and expenditure of all
1-9 revenue derived from the tax imposed under this chapter.
1-10 (b) A county or entity that spends revenue derived from the
1-11 tax imposed under this chapter shall, before making an expenditure,
1-12 specify in a list each scheduled activity or event that:
1-13 (1) is directly funded by the tax or is offered by an
1-14 entity that has its administrative costs funded wholly or partly by
1-15 the tax; and
1-16 (2) directly promotes tourism and hotel and convention
1-17 activity.
1-18 (c) If the commissioners court of a county delegates to
1-19 another entity the management or supervision of an activity or
1-20 event funded by the tax imposed under this chapter, each entity
1-21 that is ultimately funded by the tax shall, before making an
1-22 expenditure, specify in a list each scheduled activity or event
1-23 that:
1-24 (1) is directly funded by the tax or is offered by an
2-1 entity that has its administrative costs funded wholly or partly by
2-2 the tax; and
2-3 (2) directly promotes tourism and hotel and convention
2-4 activity.
2-5 (d) Subsections (b) and (c) do not prevent the county or
2-6 funded entity from subsequently adding an activity or event to the
2-7 list required by those subsections if the activity or event
2-8 directly promotes tourism and hotel and convention activity.
2-9 (e) This section does not prevent a county or funded entity
2-10 from setting aside tax revenue in a designated reserve fund for use
2-11 in supporting planned activities, future events, and facility
2-12 improvements that directly promote tourism and hotel and convention
2-13 activity.
2-14 (f) For the purposes of this section, all expenditures for a
2-15 sports and community venue project and related infrastructure, as
2-16 those terms are defined by Section 334.001, Local Government Code,
2-17 are a single scheduled activity or event.
2-18 SECTION 2. (a) This Act takes effect September 1, 2001.
2-19 (b) Section 352.109, Tax Code, as added by this Act, applies
2-20 only to an expenditure made on or after the effective date of this
2-21 Act, without regard to whether the expenditure is from revenue
2-22 collected under Chapter 352, Tax Code, before, on, or after that
2-23 date.
2-24 (c) An expenditure made before the effective date of this
2-25 Act is governed by the law applicable to the action immediately
2-26 before the effective date of this Act, and that law is continued in
2-27 effect for that purpose.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2756 was passed by the House on April
27, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2756 was passed by the Senate on May
22, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor