SRC-JRN S.B. 856 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 856
By: Shapleigh
State Affairs
3-11-97
As Filed


DIGEST 

Currently, hotel and motel taxes and other city revenues may be used to
underwrite the cost of certain activities.  Some events such as athletic
events may be held in facilities owned by one entity and leased by another
entity for the actual event.  This bill authorizes municipalities to
impose a tax on motor vehicle rentals for the purpose of underwriting the
costs of athletic events. 

PURPOSE

As proposed, S.B. 856 authorizes municipalities to impose a tax on motor
vehicle rentals for the purpose of underwriting costs of athletic events. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to a municipality and the comptroller of
public accounts in SECTION 1 (Sections 326.101, 326.201, and 326.408, Tax
Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 3C, Tax Code, by adding Chapter 326, as follows:

CHAPTER 326.  MUNICIPAL TAX ON RENTAL OF MOTOR VEHICLE

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 326.001. DEFINITIONS.  Defines "athletic event," "auto rental tax
fund," "gross rental receipts," "motor vehicle," and "rental of a motor
vehicle." 

Sec. 326.002. OTHER PORTIONS OF TAX APPLICABLE.  Provides that Chapter
152, Titles 2A and B apply to the taxes and the administration and
enforcement of the taxes imposed by this chapter. 

Sec. 326.003. APPLICATION OF CHAPTER.  Provides that this chapter applies
only to a municipality with a population of more than 500,000 that is
situated in a county bordering the Republic of Mexico and which has an
athletic event located within the municipality's boundaries. 

SUBCHAPTER B.  IMPOSITION OF GROSS RENTAL RECEIPTS TAX BY
MUNICIPALITY

Sec. 326.101. TAX AUTHORIZED.  Authorizes a municipality to impose a tax
on the gross rental receipts from the rental of a motor vehicle.
Authorizes a municipality to repeal, increase, or decrease the rate of a
tax imposed.  Authorizes a municipality to impose or increase a tax only
if the tax is approved by a majority of the qualified voters of the
municipality voting at an election called and held for that purpose under
Section 326.102.  
Sec. 326.102. ELECTION.  Sets forth conditions for an election to be held
under this chapter. 

 Sec. 326.103. EFFECTIVE DATE OF NEW TAX, TAX REPEAL, OR RATE CHANGE;
BOUNDARY CHANGE.  Sets forth a provision in which the effective date for
the imposition, repeal, or change of a tax under this chapter takes place.
Requires the municipal secretary to send  a certified copy of the
ordinance that adds or detaches municipal territory, showing the effective
date of the boundary change to the comptroller of public accounts
(comptroller).  Requires the ordinance to be accompanied by a map showing
the added or detached territory.  Provides that the tax takes effect in
the added territory or is inapplicable to the detached territory by a
certain date, except as provided by Subsection (c).  Provides that the
effective date of the application of the tax in the added or detached
territory is a certain date, if, within 10 days after the receipt of an
ordinance and map sent under Subsection (b), the comptroller notifies the
secretary of the municipality that more time is required. 

Sec. 326.104. RENTAL TAX.  Authorizes taxes to be imposed, in increments
of one-eighth of one percent, not to exceed five percent, on the gross
rental receipts from the rental of a motor vehicle within the
municipality. 

SUBCHAPTER C.  USE OF TAX REVENUE

Sec. 326.201. AUTO RENTAL TAX FUND.  Requires a municipality to establish
by resolution a fund known as the auto rental tax fund.  Requires the
municipality to deposit into the auto rental tax fund the proceeds of any
tax imposed by the municipality under this chapter.  Authorizes the
municipality to use money in the auto rental tax fund only to operate one
or more athletic events, including but not limited to certain costs. 

SUBCHAPTER D.  COMPUTATION OF TAX

Sec. 326.301. COMPUTATION OF GROSS RENTAL RECEIPTS TAX.  Requires each
motor vehicle owner or lessor in a municipality that has adopted a tax
authorized by this chapter to add the gross rental receipts tax imposed by
the municipality.  Requires the sum of the taxes to be part of the rental
charge, a debt owed to the motor vehicle owner or lessor by the person
renting the vehicle, and recoverable at law in the same manner as the
rental charge.  Sets forth conditions for determining the amount of tax.
Provides that all gross rental receipts of an owner or lessor of a motor
vehicle registered as a retailer under Section 152.065 from the rental of
the motor vehicle are presumed to be subject to the tax imposed under this
chapter, except under certain conditions. 

Sec. 326.302. CONSUMMATION OF RENTAL.  Provides that a rental of a motor
vehicle occurs within the municipality in which the rental is consummated.
Sets forth conditions in which a rental may be consummated.  Provides that
a rental is consummated if certain conditions apply and if neither the
place at which possession of the motor vehicle is taken nor the place to
which delivery of the motor vehicle is made from the owner's or lessor's
place of business is in this state. 

Sec. 326.303. LOCAL TAX INAPPLICABLE WHEN NO STATE TAX.  Prohibits the tax
authorized by this chapter from applying to the gross rental receipts from
the rental of a motor vehicle unless the tax imposed by Chapter 152 also
applies to the rental. 

Sec. 326.304. STATE EXEMPTIONS APPLICABLE.  Provides that the exemptions
provided by Chapter 152E, apply to the taxes authorized by this chapter. 

Sec. 326.305. TRANSITION EXEMPTION.  Provides that gross rental receipts
from the rental of a motor vehicle are exempt from the imposition of the
tax if the notice required by Subsection (b) is given, and if certain
conditions are met before September 1, 2000. Requires the taxpayer to give
the comptroller notice of the contract or bid on which an exemption is to
be claimed within 30 days after the effective date of the imposition or
increase of the tax under this chapter in the municipality.  Requires the
taxpayer to provide a copy of the contract or bid to the comptroller.   

 SUBCHAPTER E.  ADMINISTRATION OF TAX

Sec. 326.401. COMPTROLLER TO COLLECT AND ADMINISTER TAX.  Requires the
comptroller to administer, collect, and enforce the tax imposed by a
municipality under this chapter.  Requires the taxes imposed under this
chapter and Chapter 152 to be collected together. 

Sec. 326.402. COMPTROLLER'S REPORTING DUTIES.  Requires the comptroller to
make a quarterly report to a municipality that has adopted the tax
authorized by this chapter and sets forth information to be contained in
the report.  Requires the comptroller to make an additional quarterly
report to the municipality, and include certain information, if a
municipality requests an additional report.  Requires the municipality to
report to the comptroller the name and address of a person, if a
municipality determines that the person doing business in the municipality
is not included in a report from the comptroller.  Sets forth information
the comptroller is required to send to the municipality within 90 days
after receiving the report from a municipality.  Requires the comptroller
to send a notice of each person who is delinquent in the payment to the
municipality or taxes authorized by this chapter to the municipal tax
collector and the attorney general.  Provides that a notice sent under
this subsection is a certification of the amount of tax owed and is prima
facie evidence of a determination of that amount and of its delinquency. 

Sec. 326.403. DISPOSITION OF AMOUNT ERRONEOUSLY COLLECTED.  Requires the
comptroller to treat an amount collected as a tax as if it were revenue
from the tax imposed by the municipality under this chapter, if certain
conditions apply.  Provides that this section does not affect the right of
a person who paid an amount erroneously collected by an owner or lessor to
claim a refund or the authority of the comptroller to make a refund of
that amount.   

Sec. 326.404. PERMITS.  Requires a motor vehicle owner or lessor who
collects, reports, and pays a tax on gross rental receipts under this
chapter to comply with Section 152.065 and applicable provisions of
Chapter 151.  Provides that an additional permit, exemption, or
certificate is not required except that the comptroller may prescribe a
separate exemption certificate form for the transition exemption for prior
contracts and bids under Section 326.305. 

Sec. 326.405. DISCOUNTS.  Provides that a discount allowed to an owner or
lessor under Chapter 152 and applicable provisions of Chapter 151 for the
collection and prepayment of the taxes under that chapter are allowed and
applicable to the taxes collected under this chapter. 

Sec. 326.406. RECORDS.  Requires the owner or lessor of a motor vehicle
used for rental purposes to keep certain records for four years after the
rental of the vehicle. 

Sec. 326.407. FAILURE TO KEEP RECORDS.  Provides that an owner or lessor
of a motor vehicle commits an offense if the person fails to make and
retain complete records as required under Section 326.406.  Provides that
an offense under this section is a misdemeanor punishable by a fine of $25
to $500. 

Sec. 326.408. COMPTROLLER'S RULES.  Authorizes the comptroller to adopt
rules and prescribe forms for implementing the administration, collection,
reporting, and enforcement provisions of this chapter. 

Sec. 326.409. DELINQUENT TAXES:  LIMITATIONS.  Provides that certain
limitations for bringing suit for the collection of taxes are the same as
limitations provided by Chapter 152 and applicable provisions of Chapter
151. 

Sec. 326.410. SEIZURE AND SALE OF PROPERTY.  Requires the comptroller to
sell sufficient property to pay the delinquent taxes and penalties of both
taxes, if the comptroller lawfully seizes the property for the payment of
the taxes imposed under Chapter 152 and the  property owner is delinquent
in the payment of taxes.  Requires the proceeds from the sale of the
property to be applied to the payment of amounts due to the state and
municipality. 

Sec. 326.411. SUIT FOR TAX COLLECTION.  Authorizes a municipality to join
the attorney general as plaintiff in any suit brought by the attorney
general to seek a judgment for delinquent taxes and penalties due to the
municipality.  Authorizes a municipality to bring suit for the collection
of taxes owed to the municipality under this chapter, if certain
conditions apply. 

Sec. 326.412. DISAPPROVAL OF MUNICIPAL SUIT.  Authorizes the comptroller
or the attorney general to disapprove of the institution of a suit by a
municipality under Section 326.411, if certain conditions apply.  Requires
a notice of disapproval to a municipality to be in writing and the reason
for the determination to be given by the comptroller or attorney general.
Authorizes the municipality to again proceed, by a certain date, as
provided by Section 326.411 even though the liability of the taxpayer
includes taxes for which the municipality has previously given notice and
the comptroller or attorney general has disapproved of the suit. 

Sec. 326.413. JUDGMENTS IN MUNICIPAL SUIT.  Prohibits a judgment in a suit
under Section 326.411 from affecting a claim against the taxpayer by
another municipality or the state unless the state is party to the suit.
Requires the municipality to abstract a copy of each final judgment for
taxes imposed in the municipality's favor under this chapter in a case in
which the state is not a party and to send a copy of the judgment and
abstract to the comptroller.  Requires a municipality to collect taxes
awarded in a judgment by execution and is responsible for the renewal of
the judgment before its expiration.  Requires the municipality to notify
the comptroller of any taxes collected on the judgment.  

SUBCHAPTER F.  REVENUE DEPOSIT, DISTRIBUTION, AND USE

Sec. 326.501. TRUST ACCOUNT.  Requires the comptroller to deposit the
taxes collected by the comptroller under this chapter in the state
treasury.  Requires the comptroller to keep the deposits in trust in the
separate suspense account of the municipality from which the taxes were
collected.  Requires the comptroller and certain employees of the
comptroller to enter into one or more surety bonds in the amount of
$100,000 payable to any and all municipalities from which the funds are
collected.  Authorizes the comptroller to enter into blanket bonds to
cover the comptroller and the comptroller's employees.  Requires the
premiums for the bonds to be paid when due from the state's share of money
collected and held by the comptroller before its deposit in the general
revenue fund. 

Sec. 326.502. DISTRIBUTION OF TRUST FUNDS.  Requires the comptroller to
send to the municipal treasurer the municipality's share of the taxes
collected by the comptroller at least twice during each state fiscal year
and as often as necessary. 

Sec. 326.503. STATE'S SHARE.  Requires the comptroller to deduct certain
fees as the state's charge for its services under this chapter and to
credit the money deducted to the general revenue fund, before sending any
money to a municipality. 

Sec. 326.504. AMOUNTS RETAINED IN TRUST ACCOUNT.  Authorizes the
comptroller to retain a portion of the municipality's share of the tax
collected for the municipality, not to exceed five percent of the amount
remitted to the municipality, in a suspense account.  Prohibits the amount
to be retained from exceeding five percent of the final remittance to the
municipality at the time of the termination of the collection of the tax,
if the municipality has abolished the tax.  Authorizes the comptroller to
make refunds for overpayments to the account and to redeem dishonored
checks and drafts deposited from the amount retained in a municipality's
suspense account.  Requires the comptroller to send the remainder of the
money to the municipality's suspense account and to close the account, by
a certain date. 

Sec. 326.505. INTEREST ON TRUST ACCOUNT.  Requires interest earned on
deposits  to the state treasury under Section 326.501 and from suspense
accounts to be credited to the general revenue fund. 

Sec. 326.506. TAX POWERS OF MUNICIPALITY NOT LIMITED.  Prohibits this
chapter from abolishing or limiting the tax powers of a municipality. 

SECTION 2. Emergency clause.
  Effective date: upon passage.