By:  Ellis                                            S.B. No. 1603
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to a municipal short-term automobile rental tax by certain
    1-2  municipalities.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  The tax code is amended by adding the following
    1-5  as Chapter 353.
    1-6     CHAPTER 353.  MUNICIPAL SHORT-TERM AUTOMOBILE RENTAL TAX ACT
    1-7                   SUBCHAPTER A.  GENERAL PROVISIONS
    1-8        Sec. 353.001.  SHORT TITLE.  This chapter may be cited as the
    1-9  Municipal Short-Term Automobile Rental Tax Act.
   1-10        Sec. 353.002.  DEFINITIONS.  (a)  In this chapter:
   1-11              (1)  "Convention Center Facilities" means improvements
   1-12  such as civic centers, civic center buildings, civic center hotels,
   1-13  auditoriums, theaters, opera houses, music halls, exhibition halls,
   1-14  coliseums, stadiums, museums, aquariums, natatoriums and plazas
   1-15  located in the vicinity of municipality owned convention center
   1-16  facilities and structures, areas, or facilities, to be used in
   1-17  connection with such improvements for off-street parking or storage
   1-18  of motor vehicles or other conveyances.
   1-19              (2)  "Motor Vehicle" means a self-propelled vehicle
   1-20  designed principally to transport persons or property on a public
   1-21  highway and includes a passenger car, van, station wagon, sports
   1-22  utility vehicle, truck, and jeep.  "Motor Vehicle" does not
   1-23  include:
    2-1                    (A)  a trailer, or semi-trailer, house trailer, a
    2-2  truck larger than one half ton or road-building machinery,
    2-3                    (B)  a device moved only by human power,
    2-4                    (C)  a device used exclusively on stationary
    2-5  rails or tracks,
    2-6                    (D)  a farm machine, or
    2-7                    (E)  a mobile office.
    2-8              (3)  "Municipal short-term auto rental tax" means the
    2-9  tax authorized by Section 353.004.
   2-10              (4)  "Municipality" means a municipality that has a
   2-11  population of at least 1,500,000.
   2-12              (5)  "Place of business of the owner" means an
   2-13  established outlet, office, or location operated by the owner or
   2-14  the owner's agent or employee for the purpose of renting motor
   2-15  vehicles and includes any location at which three or more rentals
   2-16  are made during a calendar year.
   2-17              (6)  "Rental" means an agreement by the owner of a
   2-18  motor vehicle to give for not longer than 30 days the exclusive use
   2-19  of that vehicle to another for consideration.
   2-20        (b)  Except as otherwise defined in Subsection (a), words
   2-21  used in this chapter and defined by Chapter 152 have the meanings
   2-22  assigned by Chapter 152.
   2-23        Sec. 353.003.  OTHER PORTIONS OF TAX CODE APPLICABLE.
   2-24  Subtitles A and B, Title 2, and Chapter 152 apply to the tax and to
   2-25  the administration and enforcement of the tax imposed under this
    3-1  chapter in the same manner that those laws apply to state taxes,
    3-2  unless modified by this chapter.
    3-3        Sec. 353.004.  TAX AUTHORIZED.  (a)  A municipality may by
    3-4  ordinance impose a tax on the gross rental receipts from the rental
    3-5  of a motor vehicle in the municipality or in the municipality's
    3-6  extraterritorial jurisdiction at a rate not to exceed 5 percent of
    3-7  the gross rental receipts.
    3-8        (b)  The municipal short-term auto rental tax does not apply
    3-9  to the sale of a motor vehicle or the rental of a motor vehicle for
   3-10  a term longer than 30 days.
   3-11        Sec. 353.005.  EFFECTIVE DATE.  A tax imposed under this
   3-12  chapter or the repeal of a tax abolished under this chapter takes
   3-13  effect on the first day of the first calendar quarter occurring
   3-14  after the expiration of the first complete calendar quarter
   3-15  occurring after the date on which the comptroller receives a notice
   3-16  from the municipality of the adoption, increase, reduction, or
   3-17  repeal of the tax imposed under this chapter.
   3-18        Sec. 353.006.  CONSUMMATION OF RENTAL.  (a)  A rental of a
   3-19  motor vehicle occurs within the municipality in which the rental is
   3-20  consummated.  A rental is consummated as provided by this section
   3-21  regardless of the place where transfer of possession of the motor
   3-22  vehicle occurs.
   3-23        (b)  If an owner of a motor vehicle has only one place of
   3-24  business in this state, all of the owner's rentals of motor
   3-25  vehicles are consummated at that place of business except as
    4-1  provided by Subsection (e).
    4-2        (c)  If an owner of a motor vehicle has more than one place
    4-3  of business in this state, a rental of a motor vehicle is
    4-4  consummated at the place of business of the owner:
    4-5              (1)  from which the owner delivers the motor vehicle,
    4-6  if the owner delivers the motor vehicle to a point designated by
    4-7  the person renting the motor vehicle from the owner; or
    4-8              (2)  where the person renting the motor vehicle from
    4-9  the owner takes possession of the motor vehicle, if the person
   4-10  renting the motor vehicle from the owner takes possession of the
   4-11  motor vehicle from a place of business of the owner.
   4-12        (d)  If neither the possession of the motor vehicle is taken
   4-13  at nor delivery of the motor vehicle is made from the place of
   4-14  business of the owner in this state, the rental is consummated at:
   4-15              (1)  the place of business of the owner in this state
   4-16  where the order is received; or
   4-17              (2)  if the order is not received at a place of
   4-18  business of the owner, the place of business from which the owner's
   4-19  salesman who took the order operates.
   4-20        (e)  A rental is consummated at the location in this state to
   4-21  which a motor vehicle is delivered or at which possession is taken
   4-22  by the person renting the motor vehicle from the owner if transfer
   4-23  of possession of a motor vehicle occurs at, or delivery of the
   4-24  motor vehicle originates from, a location in this state other than
   4-25  a place of business of the owner and if:
    5-1              (1)  the owner has no place of business; or
    5-2              (2)  the place of business of the owner where the order
    5-3  is initially received or from which the owner's salesman who took
    5-4  the order operates is outside this state.
    5-5        Sec. 353.007.  EXEMPTIONS.  A person or entity exempted from
    5-6  the state tax imposed on gross rental receipts by Chapter 152 under
    5-7  Section 152.026 is exempt from the tax authorized by this chapter.
    5-8                      SUBCHAPTER B.  REVENUE USE
    5-9        Sec. 353.101.  USE OF TAX REVENUE.  (a)  Revenue from the
   5-10  municipal short-term auto rental tax may be used only to promote
   5-11  the arts, tourism and the convention and hotel industry, and that
   5-12  use is limited to the following:
   5-13              (1)  the acquisition of sites for and the acquisition,
   5-14  construction, improvement, enlarging, equipping, repairing,
   5-15  operation, programming and maintenance of convention center
   5-16  facilities;
   5-17              (2)  the furnishing of facilities, personnel, and
   5-18  materials for the registration of convention delegates or
   5-19  registrants; and
   5-20              (3)  advertising and conducting solicitations and
   5-21  promotional programs to attract tourists and convention delegates
   5-22  or registrants to the municipality or its vicinity.
   5-23        Sec. 353.102.  PLEDGE FOR BONDS.  Subject to the limitations
   5-24  provided by this subchapter, a municipality may pledge the revenue
   5-25  derived from the municipal short-term auto rental tax imposed under
    6-1  this chapter for the payment of bonds that are issued by the
    6-2  municipality pursuant to Article 1269j-4.1, Vernon's Texas Civil
    6-3  Statutes, for one of the purposes set forth in Section 353.101 or
    6-4  by a non-profit corporation created by the municipality pursuant to
    6-5  the provisions of Section 4B of Article 5190.6, Vernon's Texas
    6-6  Civil Statutes, or Section 4A of Article 1528l Vernon Texas Civil
    6-7  Statutes, for one or more of the purposes provided by Section
    6-8  353.101.
    6-9        Sec. 353.103.  CONTRACTS.  The governing body of a
   6-10  municipality may contract with a person, including another
   6-11  governmental entity or a private organization, for the
   6-12  construction, operation, management or supervision of programs,
   6-13  activities and projects funded with revenue from the tax authorized
   6-14  by this chapter.  The governing body in writing shall approve in
   6-15  advance the annual budget of the person with which it contracts for
   6-16  those functions and shall require the person to make periodic
   6-17  reports to the governing body at least quarterly listing the
   6-18  expenditures made by the person with revenue from the tax
   6-19  authorized by this chapter.  The person must maintain revenue
   6-20  provided from the tax authorized by this chapter in a separate
   6-21  account established for that purpose and may not commingle that
   6-22  revenue with any other money.  The municipality may not delegate to
   6-23  any person the management or supervision of its convention and
   6-24  visitors programs and activities funded with revenue from the tax
   6-25  authorized by this chapter other than by contract as provided by
    7-1  this subsection.  The approval by the governing body of the
    7-2  municipality of the annual budget of the person to whom the
    7-3  governing body contracts those functions creates a fiduciary duty
    7-4  in the person with respect to the revenue provided by the tax
    7-5  authorized by this chapter.
    7-6                     SUBCHAPTER C.  TAX COLLECTION
    7-7        Sec. 353.201.  COLLECTION OF TAX.  (a)  The owner of a motor
    7-8  vehicle subject to the municipal short-term auto rental tax shall
    7-9  collect the tax for the benefit of the municipality.  Except as
   7-10  inconsistent with this chapter and the rules adopted under this
   7-11  chapter, an owner of a motor vehicle subject to the municipal
   7-12  short-term auto rental tax on gross rental receipts that may be
   7-13  imposed under this chapter shall report and pay the tax to the
   7-14  comptroller in the same manner as the tax on gross rental receipts
   7-15  from the rental of a rented motor vehicle imposed by Section
   7-16  152.026 is reported and paid by the owner under Chapter 152.
   7-17        (b)  The owner shall add the municipal short-term auto rental
   7-18  tax to the rental charge for rentals of motor vehicles, and when
   7-19  added, the tax is:
   7-20              (1)  a part of the rental charge;
   7-21              (2)  a debt owed to the motor vehicle owner by the
   7-22  person renting the vehicle; and
   7-23              (3)  recoverable at law in the same manner as the
   7-24  rental charge.
   7-25        (c)  The comptroller may proceed against a person renting a
    8-1  motor vehicle for any unpaid municipal short-term auto rental tax.
    8-2        Sec. 353.202.  GROSS RECEIPTS PRESUMED SUBJECT TO TAX.  All
    8-3  gross receipts of an owner from the rental of a motor vehicle are
    8-4  presumed to be subject to the municipal short-term auto rental tax,
    8-5  except for gross receipts for which the owner has accepted in good
    8-6  faith a properly completed resale or exemption certificate.
    8-7        Sec. 353.203.  RECORDS.  (a)  The owner of a motor vehicle
    8-8  used for rental purposes shall keep for four years records and
    8-9  supporting documents containing the following information on the
   8-10  amount of:
   8-11              (1)  gross rental receipts received from the rental of
   8-12  the motor vehicle; and
   8-13              (2)  the municipal short-term auto rental tax paid to
   8-14  the comptroller on each motor vehicle used for rental purposes by
   8-15  the owner.
   8-16        (b)  No mileage records are required.
   8-17        Sec. 353.204.  FAILURE TO KEEP RECORDS.  (a)  An owner
   8-18  commits an offense if he fails to make and retain complete records
   8-19  for the period of four years as provided by Section 353.203.
   8-20        (b)  An offense under this section is a misdemeanor
   8-21  punishable by a fine of not less than $25 nor more than $500.
   8-22                SUBCHAPTER D.  ADMINISTRATION OF TAXES
   8-23        Sec. 353.301.  COMPTROLLER TO COLLECT AND ADMINISTER TAXES.
   8-24  The comptroller shall administer, collect and enforce any tax
   8-25  imposed by a municipality under this chapter.  The tax imposed
    9-1  under this chapter and the tax imposed on gross rental receipts
    9-2  from the rental of a rented motor vehicle under Chapter 152 shall
    9-3  be collected together, if both taxes are imposed.
    9-4        Sec. 353.302.  COMPTROLLER'S REPORTING DUTIES.  (a)  The
    9-5  comptroller shall make quarterly reports to a municipality that has
    9-6  adopted the taxes authorized by this chapter if the municipality
    9-7  requests the reports.  A report must include the name, address, and
    9-8  account number of each person in the municipality that has remitted
    9-9  to the comptroller a tax payment during the quarter covered by the
   9-10  report.
   9-11        (b)  If a municipality requests an additional report, the
   9-12  comptroller shall make an additional quarterly report to the
   9-13  municipality including the name, address, and account number, if
   9-14  any, of, and the amount of tax due from, each person doing business
   9-15  in the municipality who has failed to pay the tax under this
   9-16  chapter to the municipality or the tax on gross rental receipts
   9-17  from the rental of a rented motor vehicle under Chapter 152.  The
   9-18  additional report must also include statements:
   9-19              (1)  showing whether or not there has been a partial
   9-20  tax payment by the delinquent taxpayer;
   9-21              (2)  showing whether or not the taxpayer is delinquent
   9-22  in the payment of the tax imposed on gross rental receipts from the
   9-23  rental of a rented motor vehicle under Chapter 152 to the state;
   9-24  and
   9-25              (3)  describing the steps taken by the comptroller to
   10-1  collect the delinquent taxes.
   10-2        (c)  If a municipality determines that a person doing
   10-3  business in the municipality is not included in a comptroller's
   10-4  report, the municipality shall report to the comptroller the name
   10-5  and address of the person.  Within 90 days after receiving the
   10-6  report from a municipality, the comptroller shall send to the
   10-7  municipality:
   10-8              (1)  an explanation as to why the person is not
   10-9  obligated for the municipal short-term auto rental tax;
  10-10              (2)  a statement that the person is obligated for the
  10-11  municipal short-term auto rental tax and the tax is delinquent; or
  10-12              (3)  a certification that the person is obligated for
  10-13  the municipal short-term auto rental tax and that the full amount
  10-14  of the tax due has been credited to the municipality's account.
  10-15        (d)  The comptroller shall send by United States certified or
  10-16  registered mail to the municipal tax collector a notice of each
  10-17  person who is delinquent in the payment to the municipality of the
  10-18  tax authorized by this chapter and shall send a copy of the notice
  10-19  to the attorney general.  A notice sent under this subsection is a
  10-20  certification of the amount of tax owed and is prima facie evidence
  10-21  of a determination of that amount and of its delinquency.
  10-22        Sec. 353.303.  SALES TAX PERMITS AND EXEMPTION AND RESALE
  10-23  CERTIFICATES.  (a)  Each place of business of an owner must have a
  10-24  permit issued by the comptroller under Subchapter F, Chapter 151.
  10-25        (b)  The same sales tax permit, exemption certificate, and
   11-1  resale certificate required by Chapter 152 for the administration
   11-2  and collection of the taxes imposed under that chapter satisfy the
   11-3  requirements of this chapter.  No additional permit or exemption or
   11-4  resale certificate may be required.
   11-5        Sec. 353.304.  DISCOUNTS FOR PREPAYMENT AND TAX COLLECTION.
   11-6  All discounts allowed a retailer under Chapter 151 for the
   11-7  collection and prepayment of the taxes under that chapter are
   11-8  allowed and applicable to the taxes collected under this chapter.
   11-9        Sec. 353.305.  PENALTIES AND INTEREST.  The penalties and
  11-10  interest provided by Chapter 152 for failure to pay the tax imposed
  11-11  on gross rental receipts from the rental of a rented motor vehicle
  11-12  under Chapter 152 are applicable to the tax imposed under this
  11-13  chapter.
  11-14        Sec. 353.306.  COMPTROLLER'S RULES.  The comptroller may
  11-15  adopt reasonable rules and prescribe forms that are consistent with
  11-16  this chapter for the administration, collection, reporting, and
  11-17  enforcement of the tax imposed under this chapter.
  11-18        Sec. 353.307.  DELINQUENT TAXES: LIMITATIONS.  The
  11-19  limitations for the bringing of a suit for the collection of a tax
  11-20  imposed or a penalty due under this chapter after the tax and
  11-21  penalty are delinquent or after a determination against the
  11-22  taxpayer are the same as limitations provided by Chapter 152 with
  11-23  respect to the tax imposed on gross rental receipts from the rental
  11-24  of a rented motor vehicle under Chapter 152.
  11-25        Sec. 353.308.  SEIZURE AND SALE OF PROPERTY.  If the
   12-1  comptroller lawfully seizes property for the payment of the taxes
   12-2  imposed on gross rental receipts from the rental of a rented motor
   12-3  vehicle under Chapter 152 and the property owner is delinquent in
   12-4  the payment of taxes under this chapter, the comptroller shall sell
   12-5  sufficient property to pay the delinquent taxes and penalties of
   12-6  both taxes.  The proceeds of a sale of seized property shall first
   12-7  be applied to the payment of amounts due the state and the
   12-8  remainder, if any, to the amounts due to the municipality to which
   12-9  the taxes are due.
  12-10        Sec. 353.309.  SUIT FOR TAX COLLECTION.  (a)  A municipality
  12-11  acting through its attorney may join as a plaintiff in any suit
  12-12  brought by the attorney general to seek a judgment for delinquent
  12-13  taxes and penalties due to the municipality under this chapter.
  12-14        (b)  A municipality may bring suit for the collection of
  12-15  taxes owed to the municipality under this chapter if:
  12-16              (1)  the taxes are certified by the comptroller in the
  12-17  notice required by Section 353.302(d);
  12-18              (2)  a written notice of the tax delinquency and the
  12-19  municipality's intention to bring suit is given by certified mail
  12-20  to the taxpayer, the attorney general, and the comptroller at least
  12-21  60 days before the suit is filed; and
  12-22              (3)  neither the comptroller nor the attorney general
  12-23  disapproves of the suit.
  12-24        Sec. 353.310.  DISAPPROVAL OF MUNICIPAL SUIT.  (a)  The
  12-25  comptroller or the attorney general may disapprove of the
   13-1  institution of a suit by a municipality under Section 353.309(b)
   13-2  if:
   13-3              (1)  negotiations between the state and the taxpayer
   13-4  are being conducted for the purpose of the collection of delinquent
   13-5  taxes owed to the state and the municipality seeking to bring suit;
   13-6              (2)  the taxpayer owes substantial taxes to the state
   13-7  and there is a reasonable possibility that the taxpayer may be
   13-8  unable to pay the total amount owed;
   13-9              (3)  the state will bring suit against the taxpayer for
  13-10  all taxes due under Chapter 152 and this chapter; or
  13-11              (4)  the suit involves a critical legal question
  13-12  relating to the interpretation of state law or a provision of the
  13-13  Texas or United States constitution in which the state has an
  13-14  overriding interest.
  13-15        (b)  A notice of disapproval to a municipality must be in
  13-16  writing and give the reason for the determination by the
  13-17  comptroller or attorney general.
  13-18        (c)  A disapproval is final and not subject to review.
  13-19        (d)  Not earlier than one year after the date of a
  13-20  disapproval of the institution of a municipal collection suit, the
  13-21  municipality may again proceed as provided by Section 353.309(b)
  13-22  even though the liability of the taxpayer includes taxes for which
  13-23  the municipality has previously given notice and the comptroller or
  13-24  attorney general has disapproved of the suit.
  13-25        Sec. 353.311.  JUDGMENTS IN MUNICIPAL SUIT.  (a)  A judgment
   14-1  in a suit under Section 353.309(b) for or against a taxpayer does
   14-2  not affect a claim against the taxpayer by another municipality or
   14-3  the state unless the state is party to the suit.
   14-4        (b)  A municipality shall abstract a copy of each final
   14-5  judgment for taxes imposed under this chapter in a case in which
   14-6  the state is not a party and shall send to the comptroller a copy
   14-7  of the judgment and the abstract.
   14-8        (c)  A municipality shall by execution collect the taxes
   14-9  awarded to it in each judgment received by the municipality and is
  14-10  responsible for the renewal of the judgment before its expiration.
  14-11        (d)  The municipality shall notify the comptroller by
  14-12  certified mail of the amount of any taxes collected on the
  14-13  judgment.
  14-14            SUBCHAPTER E.  REVENUE DEPOSIT AND DISTRIBUTION
  14-15        Sec. 353.401.  COLLECTIONS HELD BY COMPTROLLER. The
  14-16  comptroller shall deposit, hold, account for, and transmit the
  14-17  taxes collected by the comptroller under this chapter for each
  14-18  municipality in the same manner as required under Section 321.501.
  14-19        Sec. 353.402.  DISTRIBUTION OF TRUST FUNDS.  At least twice
  14-20  during each state fiscal year and at other times as often as
  14-21  feasible, the comptroller shall send to the municipal treasurer or
  14-22  to the person who performs the office of the municipal treasurer
  14-23  payable to the municipality the municipality's share of the taxes
  14-24  collected by the comptroller under this chapter.
  14-25        Sec. 353.403.  STATE'S SHARE.  Before sending any money to a
   15-1  municipality under this subchapter, the comptroller shall deduct
   15-2  two percent of the amount of the taxes collected within the
   15-3  municipality during the period for which a distribution is made as
   15-4  the state's charge for its services under this chapter and shall
   15-5  credit the money deducted to the general revenue fund.
   15-6        Sec. 353.404.  AMOUNTS RETAINED IN TRUST ACCOUNT.  (a)  The
   15-7  comptroller may retain in the suspense account of a municipality a
   15-8  portion of the municipality's share of the tax collected for the
   15-9  municipality under this chapter, not to exceed five percent of the
  15-10  amount remitted to the municipality.  If the municipality has
  15-11  abolished the tax, the amount that may be retained may not exceed
  15-12  five percent of the final remittance to the municipality at the
  15-13  time of the termination of the collection of the tax.
  15-14        (b)  From the amounts retained in a municipality's suspense
  15-15  account, the comptroller may make refunds for overpayments to the
  15-16  account and to redeem dishonored checks and drafts deposited to the
  15-17  credit of the account.
  15-18        (c)  Before the expiration of one year after the effective
  15-19  date of the abolition of a municipality's tax under this chapter
  15-20  the comptroller shall send to the municipality the remainder of the
  15-21  money in the municipality's account and shall close the account.
  15-22        Sec. 353.405.  INTEREST ON TRUST ACCOUNT.  Interest earned on
  15-23  all deposits made with the state treasurer under Section 353.401,
  15-24  including interest earned from retained suspense accounts, shall be
  15-25  credited to the general revenue fund.
   16-1        SECTION 2.  The importance of this legislation and the
   16-2  crowded condition of the calendars in both houses create an
   16-3  emergency and an imperative public necessity that the
   16-4  constitutional rule requiring bills to be read on three several
   16-5  days in each house be suspended, and this rule is hereby suspended.