By: Ellis S.B. No. 1533 A BILL TO BE ENTITLED AN ACT 1-1 relating to sales and use taxes collected at certain facilities 1-2 owned by a county. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. DEFINITIONS. In this Act: 1-5 (a) "Eligible county" means any county with a population of 1-6 2,400,000 or more according to the most recent federal census. 1-7 (b) "Facility" means a sports or entertainment facility with 1-8 a capacity of at least 40,000 persons owned by an eligible county. 1-9 (c) "Eligible tax proceeds" means tax proceeds generated at 1-10 or collected in a facility, including sales and use taxes, and 1-11 mixed beverage taxes collected by or on behalf of the state or any 1-12 local government. 1-13 SECTION 2. DESIGNATION OF FACILITY ELIGIBLE FOR TAX 1-14 PROCEEDS. By the adoption of an order or resolution, the 1-15 commissioners court of an eligible county may designate a facility 1-16 as eligible for tax proceeds. A certified copy of the order or 1-17 resolution shall be submitted to the comptroller of public 1-18 accounts. 1-19 SECTION 3. TAX PROCEEDS REFUNDS. Beginning on the first day 1-20 of the second calendar quarter after receipt by the comptroller of 1-21 public accounts of the order or resolution prescribed by Section 2 1-22 of this Act, the comptroller shall pay to the eligible county on a 1-23 monthly basis an amount equal to one hundred percent of the 2-1 eligible tax proceeds remitted to the addition, an eligible county 2-2 may pledge such revenues to the payment of certificates of 2-3 obligation under the Certificate of Obligation Act of 1971 2-4 (Subchapter C, Chapter 271, Local Government Code), for one or more 2-5 of the purposes provided therein. 2-6 SECTION 4. COLLECTION; PENALTY. (a) A seller shall report 2-7 and send the proceeds of the charge or fee authorized by this Act 2-8 to the eligible county imposing the fee as provided by the order or 2-9 resolution imposing the charge or fee. For the purposes of this 2-10 section, a "seller" is a person who engages in the sale of tickets 2-11 for admission to entertainment or sporting events described in 2-12 Section 2 of this Act. 2-13 (b) If a seller fails to report when required or pay the 2-14 proceeds of the charge or fee when due, the seller shall pay a 2-15 penalty of five percent of the amount due. If the seller fails to 2-16 file the report or pay the proceeds of the charge or fee before the 2-17 31st day after the date that the report or payment was due, he 2-18 shall pay an additional penalty of five percent of the amount due. 2-19 (c) Delinquent amounts due and accrued penalties draw 2-20 interest at the rate of ten percent a year beginning 60 days after 2-21 the date on which the amount was due. 2-22 SECTION 5. The importance of this legislation and the 2-23 crowded condition of the calendars in both houses create an 2-24 emergency and an imperative public necessity that the 2-25 constitutional rule requiring bills to be read on three several 3-1 days in each house be suspended, and this rule is hereby suspended.