BILL ANALYSIS
C.S.S.B. 1234
By: Armbrister
State Affairs
4-24-95
Committee Report (Substituted)
BACKGROUND
Currently, motor vehicles owned by rental car companies must be
licensed and registered in the same manner as private motor
vehicles. Additionally, property taxes must be paid on the rental
fleet at each business location. Rental vehicle fleets normally
turn over in less than a year. The size of the fleet is seasonal
and changes during different periods in the year, making the size
of the fleet subject to manipulation. In the current system, it
has become increasingly difficult to remain profitable.
PURPOSE
As proposed, C.S.S.B. 1234 authorizes a motor vehicle rental
company to be reimbursed for certain fees and taxes; provides a
civil penalty.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 20, Title 132, V.T.C.S., by adding
Article 9026a, as follows:
Art. 9026a. MOTOR VEHICLE RENTAL REIMBURSEMENT CHARGES
Sec. 1. DEFINITIONS. Defines "gross rental receipts tax,"
"motor vehicle," "person," "rental agreement," "rental
company," "renter," and "rental day."
Sec. 2. APPLICATION. Sets forth the circumstances to which
this article does and does not apply.
Sec. 3. REIMBURSEMENT CHARGE. Authorizes a rental company to
include in each rental agreement a charge to reimburse the
rental company for amounts the rental company paid during the
calendar year preceding the year of the agreement for title
fees, registration fees, and property taxes on the rental
company's motor vehicle rental fleet. Authorizes the rental
company to retain amounts collected under this section.
Requires the charge, if a rental company elects to charge the
reimbursement, to be non-discriminatory and to be collected
from all persons entering into rental agreements with the
rental company except those persons exempted by this article.
Sec. 4. NOTICE OF CHARGE. Requires the reimbursement charge,
if any, to be listed on the face of the rental agreement above
the place where the applicable tax is listed and labeled as
"reimbursement for title, registration, and personal property
taxes" or by the abbreviation "Reimb--TRPPT."
Sec. 5. COMPUTATION OF CHARGE. (a) Sets forth the
computation of the amount of the reimbursement charge
applicable to each rental agreement.
(b) Requires a rental company to make the computation
authorized by this section before January 15 of the year
during which the computation applies and begin collecting
the computed amount on the day after the date of the
computation. Prohibits the amount applicable to a year from
being altered after initial computation.
Sec. 6. DURATION OF COLLECTION. (a) Authorizes a rental
company to collect the reimbursement charge from each renter
to which the charge applies until the earlier of January 15 of
the following year or the date on which the rental company
collects the charges or the computation for the following year
takes effect.
(b) Prohibits the rental company from collecting the
reimbursement charge after the amount is collected.
Requires the company to list "$0.00" in the place where
reimbursement charge is required to be listed on the rental
agreement.
Sec. 7. EXCESSIVE OR DEFICIENT COLLECTION. (a) Requires the
rental company to subtract the amount of the excess from the
amount the rental company is entitled to collect during the
following year if the company collects more than the company
is entitled to collect.
(b) Prohibits the rental company from adjusting the amount
collected during the following year or otherwise attempting
to collect the deficiency if a rental company collects less
than the company is entitled.
Sec. 8. CHARGE SUBJECT TO TAX. Provides that a reimbursement
charge is subject to the gross rental receipts tax.
Sec. 9. CIVIL PENALTY. (a) Provides that a rental company
that violates this article is liable to the state for a civil
penalty in an amount of not less than $500 and not more than
$1,000 for each violation or each day of a continuing
violation.
(b) Authorizes the attorney general or a county or district
attorney to sue to recover the civil penalty for the state,
to enjoin a violation of this article, or for both the
penalty and injunction.
SECTION 2. Effective date: January 1, 1996.
SECTION 3. Emergency clause.