By:  Armbrister                                       S.B. No. 1234
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to reimbursement of certain fees and taxes paid by a motor
    1-2  vehicle rental company; providing a civil penalty.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 20, Title 132, Revised Statutes, is
    1-5  amended by adding Article 9026a to read as follows:
    1-6        Art. 9026a.  MOTOR VEHICLE RENTAL REIMBURSEMENT CHARGES
    1-7        Sec. 1.  DEFINITIONS.  In this article:
    1-8              (1)  "Gross rental receipts tax" means the tax imposed
    1-9  by Section 152.026, Tax Code.
   1-10              (2)  "Motor vehicle" means a self-propelled vehicle
   1-11  designed to transport persons or property on a public highway or a
   1-12  trailer, semitrailer, or house trailer, as those terms are defined
   1-13  by the Certificate of Title Act (Article 6687-1, Vernon's Texas
   1-14  Civil Statutes).
   1-15              (3)  "Person" means an individual, firm, corporation,
   1-16  or other legal entity.
   1-17              (4)  "Rental agreement" means a written agreement
   1-18  stating the terms and conditions governing the use of a motor
   1-19  vehicle provided by a rental company.
   1-20              (5)  "Rental company" means a person in the business of
   1-21  renting motor vehicles.
   1-22              (6)  "Rental day" means any 24-hour period or any
   1-23  portion of a 24-hour period during which a particular motor vehicle
   1-24  was rented by a single renter for which the renter was charged any
    2-1  amount of rent.
    2-2              (7)  "Renter" means a person that obtains use of a
    2-3  motor vehicle from a rental company under the terms of a rental
    2-4  agreement.
    2-5        Sec. 2.  APPLICATION.  (a)  This article applies only to the
    2-6  rental of a motor vehicle in this state by a rental company
    2-7  required to register under Section 152.065, Tax Code.
    2-8        (b)  This article does not apply to:
    2-9              (1)  rental of a vehicle for use in transporting
   2-10  commercial freight; or
   2-11              (2)  a rental exempt from the gross rental receipts
   2-12  tax.
   2-13        Sec. 3.  REIMBURSEMENT CHARGE.  A rental company may include
   2-14  in each rental agreement a charge to reimburse the rental company
   2-15  for amounts the rental company paid during the calendar year
   2-16  preceding the year of the agreement for title fees, registration
   2-17  fees, and property taxes on the rental company's motor vehicle
   2-18  rental fleet.  The rental company may retain amounts collected
   2-19  under this section.  If a rental company elects to include the
   2-20  reimbursement charge, the charge shall be nondiscriminatory and
   2-21  must be collected from all persons entering into rental agreements
   2-22  with the rental company except those persons exempted by this
   2-23  article.
   2-24        Sec. 4.  NOTICE OF CHARGE.  The reimbursement charge, if any,
   2-25  must be:
   2-26              (1)  listed on the face of the rental agreement above
   2-27  the place where the applicable tax is listed; and
    3-1              (2)  labeled as "Reimbursement for Title, Registration,
    3-2  and Personal Property Taxes" or by the abbreviation "Reimb--TRPPT."
    3-3        Sec. 5.  COMPUTATION OF CHARGE.  (a)  The amount of the
    3-4  reimbursement charge applicable to each rental agreement is the
    3-5  amount of personal property taxes, registration fees, and title
    3-6  fees paid on the rental company's motor vehicle fleet in this state
    3-7  during the calendar year preceding the year of the computation
    3-8  divided by the cumulative number of rental days for which the
    3-9  rental company rented motor vehicles during that preceding year and
   3-10  multiplied by the number of rental days covered by the rental
   3-11  agreement.
   3-12        (b)  A rental company shall make the computation authorized
   3-13  by this section before January 15 of the year during which the
   3-14  computation applies and begin collecting the computed amount on the
   3-15  day after the date of the computation.  A rental company which
   3-16  fails to make the computation before January 15 may not charge any
   3-17  amount under this article on or after January 15 until it makes the
   3-18  requisite computation.  The amount applicable to a year may not be
   3-19  altered after initial computation.
   3-20        Sec. 6.  DURATION OF COLLECTION.  (a)  A rental company may
   3-21  collect the reimbursement charge from each renter to which the
   3-22  charge applies until the earlier of January 15 of the following
   3-23  year or the date on which:
   3-24              (1)  the rental company collects charges totaling the
   3-25  amount of personal property taxes, registration fees, and title
   3-26  fees paid on the rental company's motor vehicle fleet in this state
   3-27  during the preceding calendar year; or
    4-1              (2)  the computation for the following year takes
    4-2  effect.
    4-3        (b)  After the amount described by Subsection (a)(1) of this
    4-4  section is collected, the rental company may not collect the
    4-5  reimbursement charge and shall list "$0.00" in the place where the
    4-6  reimbursement charge is required to be listed on a rental
    4-7  agreement.
    4-8        Sec. 7.  EXCESSIVE OR DEFICIENT COLLECTION.  (a)  If a rental
    4-9  company collects in reimbursement charges more than the company is
   4-10  entitled to collect under this article, the rental company shall
   4-11  subtract the amount of the excess from the amount the rental
   4-12  company is entitled to collect during the following year.
   4-13        (b)  If a rental company collects in reimbursement charges
   4-14  less than the company is entitled to collect under this article,
   4-15  the rental company may not adjust the amount collected during the
   4-16  following year or otherwise attempt to collect the deficiency.
   4-17        Sec. 8.  CHARGE SUBJECT TO TAX.  A reimbursement charge is
   4-18  subject to the gross rental receipts tax.
   4-19        Sec. 9.  CIVIL PENALTY.  (a)  A rental company that violates
   4-20  this article is liable to the state for a civil penalty in an
   4-21  amount of not less than $500 and not more than $1,000 for each
   4-22  violation or each day of a continuing violation.
   4-23        (b)  The attorney general or a county or district attorney
   4-24  may sue to recover the civil penalty for the state, to enjoin a
   4-25  violation of this article, or for both the penalty and injunction.
   4-26        SECTION 2.  This Act takes effect January 1, 1996.
   4-27        SECTION 3.  The importance of this legislation and the
    5-1  crowded condition of the calendars in both houses create an
    5-2  emergency and an imperative public necessity that the
    5-3  constitutional rule requiring bills to be read on three several
    5-4  days in each house be suspended, and this rule is hereby suspended.