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TEXAS ETHICS ADVISORY BOARD

Box 1016 Elkins Lake • Huntsville, TX 77340-8829 • 936-730-1555

March 24, 2011

Ms. Doris Speer, City Secretary


City of Tomball
401 Market Street
Tomball, TX 77375

Dear Ms. Speer:

This is a written request, pursuant to the Texas Public Information Act (the
“Act”), Chapter 552 of the Government Code.

Please send 1) a current list of all parties who have authority to spend Hotel
Occupancy Tax (HOT) income along with contact information.

Pursuant to Section 351.108 of the Texas Tax Code, 2) please provide, for all of
Year2010 HOT funds: “a record that accurately identifies the receipt and expenditure of
all revenue derived from the tax imposed under this chapter.” According to Section
351.101 of the Texas Tax Code: (d) A person with whom a municipality contracts under
this section to conduct an activity authorized by this section shall maintain complete and
accurate financial records of each expenditure of hotel occupancy tax revenue made by
the person and, on request of the governing body of the municipality or other person,
shall make the records available for inspection and review to the governing body or other
person.

Per the above, if your Hotel Occupancy Tax Funds do not reside in a separate
account, this would be in contravention to Section 351.101 (c)…..person must maintain
revenue provided from the tax authorized by this chapter in a separate account
established for that purpose and may not commingle that revenue with any other money.
You would have to extract for me all entries pertinent to HOT funds.

Any funding made to third parties must be made according to Chapter 351.101
(c) The governing body of a municipality by contract may delegate to a person, including
another governmental entity or a private organization, the management or supervision of
programs and activities funded with revenue from the tax authorized by this chapter. The
governing body in writing shall approve in advance the annual budget of the person to
which it delegates those functions and shall require the person to make periodic reports to
the governing body at least quarterly listing the expenditures made by the person with
revenue from the tax authorized by this chapter. Therefore 3) please provide these reports
with their receipts and concurrent expenditures.

Three requests are contained herein.

The Texas Ethics Advisory Board is a general-purpose political committee,


unaffiliated with, but formed under the authority of the Texas Ethics Commission.
As provided by the Act, I will expect your response within ten business (10) days.
If you believe this information is not public, I ask that you immediately notify me and
then seek a formal decision from the Texas Attorney General not later than ten (10)
business days from your receipt of this request, as required by the Act.

Disclosure of this information is in your interest because providing a copy of the


information primarily benefits your knowledge and policies gained from my explanation
of my request. The information gained herein is also of benefit to the general public. I
therefore request a waiver of all fees and charges pursuant to Section 552.267 of the Act.

Thank you for your assistance.

Sincerely,
William B. Elmer
Chair

The Texas Ethics Advisory Board is a general-purpose political committee,


unaffiliated with, but formed under the authority of the Texas Ethics Commission.