By West                                               S.B. No. 1710
       74R6358 PAM-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to authorizing a municipal tax to provide affordable
    1-3  housing in populous municipalities.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  The purpose of this Act is to authorize populous
    1-6  municipalities to provide affordable, decent, safe, and sanitary
    1-7  housing for very low-income families.
    1-8        SECTION 2.  Title 3, Tax Code, is amended by adding Subtitle
    1-9  E to read as follows:
   1-10             SUBTITLE E.  LOCAL APARTMENT OCCUPANCY TAXES
   1-11           CHAPTER 361.  MUNICIPAL APARTMENT OCCUPANCY TAXES
   1-12                   SUBCHAPTER A.  GENERAL PROVISIONS
   1-13        Sec. 361.001.  DEFINITIONS.  In this subchapter:
   1-14              (1)  "Apartment complex" means five or more dwelling
   1-15  units located on a lot.
   1-16              (2)  "Dwelling unit" means one or more rooms that:
   1-17                    (A)  are occupied by a family for one or more
   1-18  weeks in exchange for consideration; and
   1-19                    (B)  contain living, sanitary, and sleeping
   1-20  facilities.
   1-21              (3)  "Family" means one or more individuals who live
   1-22  together as a single housekeeping unit.
   1-23              (4)  "Lot" means:
   1-24                    (A)  a platted parcel of land; or
    2-1                    (B)  an unplatted parcel of land that is adjacent
    2-2  to a public street and complies with all zoning ordinances relating
    2-3  to:
    2-4                          (i)  minimum dimensions for a parcel; and
    2-5                          (ii)  setback and lot coverage if the
    2-6  parcel is improved.
    2-7              (5)  "Very low-income family" has the meaning assigned
    2-8  by 42 U.S.C.  Section 1437a(b)(2).
    2-9        Sec. 361.002.  APPLICABILITY.  This subchapter applies only
   2-10  to a municipality with a population of one million or more that:
   2-11              (1)  is located in a county with a population of 1.8
   2-12  million or more; and
   2-13              (2)  has adopted a council-manager form of government.
   2-14           (Sections 361.003-361.100 reserved for expansion
   2-15            SUBCHAPTER B.  IMPOSITION AND COLLECTION OF TAX
   2-16        Sec. 361.101.  TAX AUTHORIZED.  The governing body of a
   2-17  municipality by ordinance may impose a tax on an owner of an
   2-18  apartment complex for each dwelling unit in the complex that is
   2-19  occupied for 180 days or more in a calendar year.
   2-20        Sec. 361.102.  TAX RATE.  The tax authorized by this chapter
   2-21  may be imposed at any rate not to exceed $5 each month for each
   2-22  dwelling unit.
   2-23        Sec. 361.103.  TAX COLLECTION.  A person owning, operating,
   2-24  managing, or controlling an apartment complex shall collect for the
   2-25  municipality the tax that is imposed under this chapter.
   2-26        Sec. 361.104.  INTEREST AND PENALTIES.  (a)  A tax imposed
   2-27  under this chapter that is not paid to the municipality when it is
    3-1  due draws interest as provided by Section 111.060.
    3-2        (b)  If the person who is required to pay to the municipality
    3-3  the tax imposed under this chapter fails to file a report or does
    3-4  not pay the tax when it is due, the person shall forfeit to the
    3-5  municipality a penalty of five percent of the amount of tax due.
    3-6        (c)  If the person who is required to pay the tax to the
    3-7  municipality does not pay the tax within 30 days after it is due,
    3-8  the person shall forfeit to the municipality a penalty of an
    3-9  additional five percent of the amount of tax due.
   3-10        (d)  The minimum penalty under this section is $1.
   3-11        Sec. 361.105.  ENFORCEMENT.  (a)  The municipal attorney or
   3-12  other attorney acting for the municipality may bring suit against a
   3-13  person who is required to collect the tax imposed under this
   3-14  chapter and pay the collections over to the municipality and who
   3-15  has failed to file a tax report or pay the tax when due to collect
   3-16  the tax not paid or to enjoin the person from operating an
   3-17  apartment complex in a municipality until the tax is paid or the
   3-18  report filed, as applicable, as provided by the court's order.  In
   3-19  addition to the amount of any tax owed under this chapter, the
   3-20  person is liable to the municipality for the municipality's
   3-21  reasonable attorney's fees and a penalty equal to 15 percent of the
   3-22  total amount of the tax owed.
   3-23        (b)  Section 16.061, Civil Practice and Remedies Code,
   3-24  applies to the collection of a tax under this chapter.  A
   3-25  limitation period provided by Title 2 relating to the time allowed
   3-26  to assess taxes and bring a suit to collect taxes does not apply to
   3-27  a tax imposed under this chapter or a suit brought under this
    4-1  section.
    4-2        (c)  A municipality by ordinance may authorize misdemeanor
    4-3  punishment for a violation of an ordinance adopted under this
    4-4  chapter.
    4-5        (d)  The remedies provided by this section are in addition to
    4-6  other available remedies.
    4-7        Sec. 361.106.  COLLECTION PROCEDURES ON PURCHASE OF APARTMENT
    4-8  COMPLEX.  (a)  If a person who is liable for the payment of a tax
    4-9  under this chapter is the owner of an apartment complex and sells
   4-10  the apartment complex, the successor to the seller or the seller's
   4-11  assignee shall withhold an amount of the purchase price sufficient
   4-12  to pay the amount due until the seller provides a receipt by a
   4-13  person designated by the municipality to provide the receipt
   4-14  showing that the amount has been paid or a certificate showing that
   4-15  no tax is due.
   4-16        (b)  The purchaser of an apartment complex who fails to
   4-17  withhold an amount of the purchase price as required by this
   4-18  section is liable for the amount required to be withheld to the
   4-19  extent of the value of the purchase price.
   4-20        (c)  The purchaser of an apartment complex may request that
   4-21  the person designated by the municipality to provide a receipt
   4-22  under Subsection (a) issue a certificate stating that no tax is due
   4-23  or issue a statement of the amount required to be paid before a
   4-24  certificate may be issued.  The person designated by the
   4-25  municipality shall issue the certificate or statement not later
   4-26  than the 60th day after the date that the person receives the
   4-27  request.
    5-1        (d)  If the person designated by the municipality to provide
    5-2  a receipt under Subsection (a) fails to issue the certificate or
    5-3  statement within the period provided by Subsection (c), the
    5-4  purchaser is released from the obligation to withhold the purchase
    5-5  price or pay the amount due.
    5-6        Sec. 361.107.  REIMBURSEMENT FOR TAX COLLECTION EXPENSES.
    5-7  (a)  A municipality may permit a person who is required to collect
    5-8  and pay over to the municipality the tax authorized by this chapter
    5-9  not more than one percent of the amount collected and required to
   5-10  be reported as reimbursement to the person for the costs in
   5-11  collecting the tax.
   5-12        (b)  The municipality may provide that the reimbursement
   5-13  provided by this section be forfeited because of a failure to pay
   5-14  the tax or to file a report as required by the municipality.
   5-15        Sec. 361.108.  EXEMPTIONS.  (a)  This chapter does not impose
   5-16  a tax on a corporation or association that is organized and
   5-17  operated exclusively for a religious, charitable, or educational
   5-18  purpose if no part of the net earnings of the corporation or
   5-19  association inure to the benefit of a private shareholder or
   5-20  individual.
   5-21        (b)  This chapter does not impose a tax on the United States,
   5-22  this state, or an agency, institution, board, or commission of this
   5-23  state other than an institution of higher education.  In this
   5-24  subsection, "institution of higher education" has the meaning
   5-25  assigned by Section 61.003, Education Code.
   5-26        (c)  A municipality may exempt from taxation an apartment
   5-27  complex owner who provides housing for very low-income families
    6-1  under a local, state, or federal housing program.
    6-2        Sec. 361.109.  PREEXISTING CONTRACTS.  If a municipality
    6-3  increases the rate of the tax authorized by this chapter, the
    6-4  increased tax rate does not apply to the tax imposed on the use or
    6-5  possession of a dwelling unit under a contract executed before the
    6-6  rate increase that provides for the payment of the tax at the rate
    6-7  in effect when the contract was executed, unless the contract is
    6-8  subject to change or modification by reason of the tax rate
    6-9  increase.  The tax rate applicable to the use or possession of a
   6-10  dwelling unit under the contract is the rate in effect when the
   6-11  contract was executed.
   6-12           (Sections 361.110-361.200 reserved for expansion
   6-13                  SUBCHAPTER C.  REPORTS AND PAYMENTS
   6-14        Sec. 361.201.  REPORT AND PAYMENT.  (a)  A person required to
   6-15  collect the tax imposed under this chapter shall pay the
   6-16  municipality the tax collected during the preceding reporting
   6-17  period and at the same time shall file with the municipality a
   6-18  report stating:
   6-19              (1)  the total amount of the payments made for dwelling
   6-20  units at the person's apartment complex during the preceding
   6-21  reporting period;
   6-22              (2)  the amount of the tax collected by the person
   6-23  during the preceding reporting period; and
   6-24              (3)  other information that the municipality requires
   6-25  to be in the report.
   6-26        (b)  Each calendar year is a reporting period and the taxes
   6-27  imposed and collected under this chapter are due and payable to the
    7-1  municipality on or before the 20th day of January following the end
    7-2  of each calendar year.
    7-3        Sec. 361.202.  ACCESS TO BOOKS AND RECORDS.  After the
    7-4  municipality gives reasonable notice to a person that the
    7-5  municipality intends to inspect the books or records of the person,
    7-6  the municipality has access to the person's books or records
    7-7  necessary for the municipality to determine the correctness of a
    7-8  report filed under this chapter or the amount of taxes due under
    7-9  this chapter.
   7-10           (Sections 361.203-361.300 reserved for expansion
   7-11             SUBCHAPTER D.  USE AND ALLOCATION OF REVENUE
   7-12        Sec. 361.301.  USE OF TAX REVENUE.  (a)  Revenue from the tax
   7-13  imposed under this chapter may be used only to increase housing
   7-14  opportunities for very low-income families.
   7-15        (b)  The municipality shall maintain complete and accurate
   7-16  financial records of each expenditure of revenue from the tax
   7-17  imposed under this chapter.
   7-18        Sec. 361.302.  PLEDGE FOR BONDS.  A municipality may pledge
   7-19  the revenue derived from the tax imposed under this chapter for the
   7-20  payment of bonds that are issued under Section 3, Chapter 63, Acts
   7-21  of the 59th Legislature, Regular Session, 1965 (Article 1269j-4.1,
   7-22  Vernon's Texas Civil Statutes), for the purpose provided by Section
   7-23  361.301.
   7-24        SECTION 3.  The importance of this legislation and the
   7-25  crowded condition of the calendars in both houses create an
   7-26  emergency and an imperative public necessity that the
   7-27  constitutional rule requiring bills to be read on three several
    8-1  days in each house be suspended, and this rule is hereby suspended,
    8-2  and that this Act take effect and be in force from and after its
    8-3  passage, and it is so enacted.