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


Office of House Bill AnalysisC.S.H.B. 2756
By: Ritter
Ways & Means
4/8/2001
Committee Report (Substituted)



BACKGROUND 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. C.S.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

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

C.S.H.B. 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 (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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2756 modifies the original bill by providing that a scheduled
activity or event that is directly  funded by the county hotel occupancy
tax (tax), rather than funded by the tax, and an activity or event that is
offered by an entity that has its administrative costs funded wholly or
partly by the tax is required to be listed by a county or entity.  The
substitute adds provisions regarding a county or funded entity setting
aside tax revenue in a designated reserve fund and expenditures for a
sports and community venue project and related infrastructure.