HBA-AMW H.B. 2756 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2756
By: Ritter
Ways & Means
77/27/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, state law required a county or entity that
spent 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 was required to maintain records of all of its
expenditures, the county or entity was not required to indicate which of
its programs or activities directly promoted tourism and the hotel and
convention industry.  House Bill 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

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 2756 amends the Tax Code to require a county to maintain a
record that accurately identifies the receipt and expenditure of all
revenue derived from the county hotel occupancy tax.  The bill requires a
county or entity that spends revenue derived from the tax to, before making
an expenditure, 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 hotel and convention activity (scheduled activity or
event).  If the commissioners court of a county delegates to another entity
the management or supervision of an activity or event funded by the tax,
the bill requires each entity that is ultimately funded by the tax to,
before making an expenditure, specify in a list each scheduled activity or
event.   

The bill provides that the requirements regarding the listing of each
scheduled activity or event do not prevent the county or funded entity from
subsequently adding an activity or event to the list that directly promotes
tourism and hotel and convention activity.  The bill also specifies that
the requirements regarding the listing of expenditures by a county or a
funded entity do 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.  The bill provides that all
expenditures for a sports and community venue project and related
infrastructure are a single scheduled activity or event. 

EFFECTIVE DATE

September 1, 2001.