By Haggerty                                     H.B. No. 1397

      75R4311 CBH-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the authority of certain municipalities to impose a

 1-3     local tax on the gross rental receipts from the rental  of a rented

 1-4     motor vehicle; providing penalties.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Subtitle C, Title 3, Tax Code, is amended by

 1-7     adding Chapter 326 to read as follows:

 1-8        CHAPTER 326.  MUNICIPAL TAX ON RENTAL OF RENTED MOTOR VEHICLE

 1-9                      SUBCHAPTER A.  GENERAL PROVISIONS

1-10           Sec. 326.001.  DEFINITIONS.  (a)  In this chapter, "athletic

1-11     event" means a postseason intercollegiate athletic football bowl

1-12     game.

1-13           (b)  Words used in this chapter and defined by Chapter 152

1-14     have the meanings assigned by Chapter 152.

1-15           Sec. 326.002.  OTHER PORTIONS OF TAX APPLICABLE.  Subtitles A

1-16     and B, Title 2, and Chapter 152 apply to the taxes and to the

1-17     administration and enforcement of the taxes imposed by this chapter

1-18     in the same manner that those laws apply to state taxes, unless

1-19     modified by this chapter.

1-20           Sec. 326.003.  APPLICATION OF CHAPTER.  This chapter applies

1-21     only in a municipality in which an athletic event is held annually.

1-22              (Sections 326.004-326.100 reserved for expansion

 2-1             SUBCHAPTER B.  IMPOSITION OF GROSS RENTAL RECEIPTS

 2-2                            TAXES BY MUNICIPALITY

 2-3           Sec. 326.101.  TAX AUTHORIZED.  (a)  A municipality by

 2-4     ordinance may impose a tax on the gross rental receipts from the

 2-5     rental of a rented motor vehicle.

 2-6           (b)  A municipality by ordinance may repeal or increase or

 2-7     decrease the rate of a tax imposed under Subsection (a).

 2-8           Sec. 326.102.  EFFECTIVE DATES:  NEW TAX, TAX REPEAL,

 2-9     BOUNDARY CHANGE.  (a)  The imposition of a tax under this chapter,

2-10     the repeal of a tax imposed under this chapter, or a change in the

2-11     tax rate takes effect on the first day of the first calendar

2-12     quarter occurring after the expiration of the first complete

2-13     calendar quarter occurring after the date on which the comptroller

2-14     receives a notice of the action sent by United States registered or

2-15     certified mail that includes a certified copy of the ordinance and,

2-16     if the action is the initial imposition of the tax, a map of the

2-17     municipality clearly showing its boundaries and the location of the

2-18     athletic event.

2-19           (b)  If a municipality in which the tax imposed under this

2-20     chapter is in effect changes its boundaries, the municipal

2-21     secretary shall send by United States registered or certified mail

2-22     to the comptroller a certified copy of the ordinance that adds or

2-23     detaches municipal territory and that shows the effective date of

2-24     the boundary change.  The ordinance must be accompanied by a map

2-25     clearly showing the added or detached territory.  Except as

2-26     provided by Subsection (c), the tax takes effect in the added

2-27     territory or is inapplicable to the detached territory on the first

 3-1     day of the first calendar quarter after the comptroller receives

 3-2     the ordinance and map.

 3-3           (c)  If, within 10 days after the receipt of an ordinance and

 3-4     map sent under Subsection (b), the comptroller notifies the

 3-5     secretary of the municipality that more time is required, the

 3-6     effective date of the application of the tax in the added or

 3-7     detached area is the first day of the first calendar quarter after

 3-8     the expiration of the first complete calendar quarter occurring

 3-9     after the date on which the comptroller receives the ordinance and

3-10     map.

3-11           Sec. 326.103.  RENTAL TAX.  The tax authorized by this

3-12     chapter may be imposed at a rate in increments of one-eighth of one

3-13     percent, not to exceed five percent, on the gross rental receipts

3-14     from the rental of a rented motor vehicle within the municipality.

3-15              (Sections 326.104-326.150 reserved for expansion

3-16                      SUBCHAPTER C.  USE OF TAX REVENUE

3-17           Sec. 326.151.  AUTO RENTAL TAX FUND.  (a)  A municipality

3-18     that adopts a tax under this chapter shall establish by resolution

3-19     a fund known as the auto rental tax fund.

3-20           (b)  The municipality shall deposit into the auto rental tax

3-21     fund the proceeds of the tax imposed by the municipality under this

3-22     chapter.

3-23           (c)  The municipality may use money in the auto rental tax

3-24     fund only to operate one or more athletic events and to pay costs

3-25     associated with the events, including:

3-26                 (1)  paying the costs of planning, acquiring,

3-27     establishing, developing, advertising, promoting, or administering

 4-1     an athletic event;

 4-2                 (2)  making payments to colleges and universities

 4-3     participating in an athletic event;

 4-4                 (3)  paying the costs of conducting, sponsoring, or

 4-5     otherwise supporting an athletic event; and

 4-6                 (4)  paying the contractual obligations associated with

 4-7     an athletic event.

 4-8              (Sections 326.152-326.200 reserved for expansion

 4-9                     SUBCHAPTER D.  COMPUTATION OF TAXES

4-10           Sec. 326.201.  COMPUTATION OF GROSS RENTAL RECEIPTS TAXES.

4-11     (a)  Each motor vehicle owner registered as a retailer under

4-12     Section 152.065 in a municipality that has adopted a tax authorized

4-13     by this chapter shall add the gross rental receipts tax imposed by

4-14     the municipality under this chapter and by Chapter 152 to the

4-15     rental charge, and the sum of the taxes is a part of the rental

4-16     charge, a debt owed to the motor vehicle owner by the person

4-17     renting the vehicle, and recoverable at law in the same manner as

4-18     the rental charge.

4-19           (b)  The amount of the total tax is computed by multiplying

4-20     the combined applicable tax rates by the amount of the rental

4-21     charge.  If the product results in a fraction of a cent less than

4-22     one-half of one cent, the fraction of a cent is not collected.  If

4-23     the fraction of a cent is one-half of one cent or more, the

4-24     fraction shall be collected as one cent.

4-25           (c)  All gross receipts of an owner of a motor vehicle from

4-26     the rental of the motor vehicle are presumed to be subject to the

4-27     tax imposed by this chapter, except for gross receipts for which

 5-1     the owner has accepted in good faith a properly completed exemption

 5-2     certificate.

 5-3           (d)  The comptroller may publish schedules and brackets of

 5-4     amounts of taxes based on the formula provided by Subsection (b)

 5-5     for use in municipalities that have adopted the tax authorized by

 5-6     this chapter.

 5-7           Sec. 326.202.  CONSUMMATION OF RENTAL.  (a)  A rental of a

 5-8     rented motor vehicle occurs within the municipality in which the

 5-9     rental is consummated.  A rental is consummated as provided by this

5-10     section regardless of the place where transfer of possession

5-11     occurs.  A rental of a rented motor vehicle by the owner is

5-12     consummated at the owner's place of business:

5-13                 (1)  where the owner delivers the motor vehicle, if the

5-14     owner delivers the motor vehicle to a point designated by the

5-15     renter; or

5-16                 (2)  where the renter takes possession of and removes

5-17     the motor vehicle, if the renter takes possession of and removes

5-18     the motor vehicle from the owner's place of business.

5-19           (b)  If neither the possession of the motor vehicle is taken

5-20     at or delivery of the motor vehicle is made from the owner's place

5-21     of business in this state, the rental is consummated:

5-22                 (1)  at the owner's place of business in this state

5-23     where the order is received; or

5-24                 (2)  if the order is not received at a place of

5-25     business of the owner, at the place of business from which the

5-26     owner's agent who took the order operates.

5-27           Sec. 326.203.  LOCAL TAX INAPPLICABLE WHEN NO STATE TAX.  The

 6-1     tax authorized by this chapter does not apply to the gross receipts

 6-2     from the rental of a rented motor vehicle unless the tax imposed by

 6-3     Chapter 152 also applies to the rental.

 6-4           Sec. 326.204.  STATE EXEMPTIONS APPLICABLE.  The exemptions

 6-5     provided by Subchapter E, Chapter 152, apply to the taxes

 6-6     authorized by this chapter.

 6-7           Sec. 326.205.  TRANSITION EXEMPTION.  (a)  For a period of

 6-8     three years only after the effective date of the imposition or

 6-9     increase of the tax authorized by this chapter in a municipality,

6-10     the gross rental receipts from the rental of a rented motor vehicle

6-11     are exempt from that imposition or increase if the notice required

6-12     by Subsection (b) is given and if:

6-13                 (1)  the items are used for the performance of a

6-14     written contract entered into before the effective date of the

6-15     imposition or increase if the contract may be affected and the

6-16     contract may not be modified because of the tax; or

6-17                 (2)  the items are used under the obligation of a bid

6-18     submitted before the effective date of the imposition or increase

6-19     if the contract may be affected and the bid may not be withdrawn or

6-20     modified because of the tax.

6-21           (b)  The taxpayer must give the comptroller notice of the

6-22     contract or bid on which an exemption is to be claimed within 30

6-23     days after the effective date of the imposition or increase of the

6-24     tax under this chapter in the municipality.  The taxpayer must send

6-25     a copy of the contract or bid to the comptroller.  The taxpayer

6-26     must attach an affidavit of the taxpayer stating that the contract

6-27     or bid is a true copy of the contract or bid on which the exemption

 7-1     is claimed.

 7-2              (Sections 326.206-326.300 reserved for expansion

 7-3                   SUBCHAPTER E.  ADMINISTRATION OF TAXES

 7-4           Sec. 326.301.  COMPTROLLER TO COLLECT AND ADMINISTER TAXES.

 7-5     The comptroller shall administer, collect, and enforce the tax

 7-6     imposed by a municipality under this chapter.  The tax imposed

 7-7     under this chapter and the tax imposed under Chapter 152 shall be

 7-8     collected together.

 7-9           Sec. 326.302.  COMPTROLLER'S REPORTING DUTIES.  (a)  The

7-10     comptroller shall make quarterly reports to a municipality that has

7-11     adopted the tax authorized by this chapter.  A report must include

7-12     the name, address, and account number of each person in the

7-13     municipality that has remitted to the comptroller a tax payment

7-14     during the quarter covered by the report.

7-15           (b)  If a municipality requests an additional report, the

7-16     comptroller shall make an additional quarterly report to the

7-17     municipality including the name, address, and account number, if

7-18     any, of, and the amount of tax due from, each person doing business

7-19     in the municipality who has failed to pay the tax under this

7-20     chapter to the municipality or under Chapter 152.  The additional

7-21     report must also include statements:

7-22                 (1)  showing whether or not there has been a partial

7-23     tax payment by the delinquent taxpayer;

7-24                 (2)  showing whether or not the taxpayer is delinquent

7-25     in the payment of gross rental receipts taxes to the state; and

7-26                 (3)  describing the steps taken by the comptroller to

7-27     collect the delinquent taxes.

 8-1           (c)  If a municipality determines that a person doing

 8-2     business in the municipality is not included in a comptroller's

 8-3     report, the municipality shall report to the comptroller the name

 8-4     and address of the person.  Within 90 days after receiving the

 8-5     report from a municipality, the comptroller shall send to the

 8-6     municipality:

 8-7                 (1)  an explanation as to why the person is not

 8-8     obligated for the municipal tax;

 8-9                 (2)  a statement that the person is obligated for the

8-10     municipal tax and the tax is delinquent; or

8-11                 (3)  a certification that the person is obligated for

8-12     the municipal tax and that the full amount of the tax due has been

8-13     credited to the municipality's account.

8-14           (d)  The comptroller shall send by United States certified or

8-15     registered mail to the municipal tax collector a notice of each

8-16     person who is delinquent in the payment to the municipality of the

8-17     taxes authorized by this chapter and shall send a copy of the

8-18     notice to the attorney general.  A notice sent under this

8-19     subsection is a certification of the amount of tax owed and is

8-20     prima facie evidence of a determination of that amount and of its

8-21     delinquency.

8-22           Sec. 326.303.  DISPOSITION OF AMOUNT ERRONEOUSLY COLLECTED.

8-23     (a)  If in a territory added to a municipality an owner erroneously

8-24     collects an amount as a tax imposed under this chapter before the

8-25     date the taxes imposed under this chapter by the municipality take

8-26     effect in the added territory under Section 326.102, the amount

8-27     collected is treated as if it were revenue from the tax imposed by

 9-1     the municipality under this chapter, and the comptroller shall

 9-2     collect and administer the amount in the same manner as tax

 9-3     revenue.

 9-4           (b)  This section does not affect the right of a person who

 9-5     paid an amount erroneously collected by an owner to claim a refund

 9-6     or the authority of the comptroller to make a refund of that

 9-7     amount.

 9-8           Sec. 326.304.  PERMITS.  (a)  A motor vehicle owner required

 9-9     to collect, report, and pay a tax on gross rental receipts under

9-10     this chapter shall comply with Section 152.065 and applicable

9-11     provisions of Chapter 151.

9-12           (b)  An additional permit, exemption, or certificate is not

9-13     required except that the comptroller may prescribe a separate

9-14     exemption certificate form for the transition exemption for prior

9-15     contracts and bids under Section 326.205.

9-16           Sec. 326.305.  DISCOUNTS.  A discount allowed an owner under

9-17     Chapter 152 and applicable provisions of Chapter 151 for the

9-18     collection and prepayment of the taxes under that chapter is

9-19     allowed and applicable to the taxes collected under this chapter.

9-20           Sec. 326.306.  COMPTROLLER'S RULES.  The comptroller may

9-21     adopt reasonable rules and prescribe forms that are consistent with

9-22     this chapter for the administration, collection, reporting, and

9-23     enforcement of this chapter.

9-24           Sec. 326.307.  DELINQUENT TAXES:  LIMITATIONS.  The

9-25     limitations for the bringing of a suit for the collection of a tax

9-26     imposed or a penalty due under this chapter after the tax and

9-27     penalty are delinquent or after a determination against the

 10-1    taxpayer are the same as limitations provided by Chapter 152 and

 10-2    applicable provisions of Chapter 151.

 10-3          Sec. 326.308.  SEIZURE AND SALE OF PROPERTY.  If the

 10-4    comptroller lawfully seizes property for the payment of the taxes

 10-5    imposed under Chapter 152 and the property owner is delinquent in

 10-6    the payment of taxes under this chapter, the comptroller shall sell

 10-7    sufficient property to pay the delinquent taxes and penalties of

 10-8    both taxes.  The proceeds of a sale of seized property shall first

 10-9    be applied to the payment of amounts due the state and the

10-10    remainder, if any, to the amounts due to the municipality to which

10-11    the taxes are due.

10-12          Sec. 326.309.  SUIT FOR TAX COLLECTION.  (a)  A municipality

10-13    acting through its attorney may join as a plaintiff in any suit

10-14    brought by the attorney general to seek a judgment for delinquent

10-15    taxes and penalties due to the municipality under this chapter.

10-16          (b)  A municipality may bring suit for the collection of

10-17    taxes owed to the municipality under this chapter if:

10-18                (1)  a written notice of the tax delinquency and the

10-19    municipality's intention to bring suit is given by certified mail

10-20    to the taxpayer, the attorney general, and the comptroller at least

10-21    60 days before the suit is filed; and

10-22                (2)  neither the comptroller nor the attorney general

10-23    disapproves of the suit.

10-24          Sec. 326.310.  DISAPPROVAL OF MUNICIPAL SUIT.  (a)  The

10-25    comptroller or the attorney general may disapprove of the

10-26    institution of a suit by a municipality under Section 326.309(b) if

10-27    negotiations between the state and the taxpayer are being conducted

 11-1    for the purpose of the collection of delinquent taxes owed to the

 11-2    state and the municipality seeking to bring suit.

 11-3          (b)  A notice of disapproval to a municipality must be in

 11-4    writing and give the reason for the determination by the

 11-5    comptroller or attorney general.

 11-6          (c)  A disapproval is final and not subject to review.

 11-7          (d)  Not earlier than the first anniversary of the date of a

 11-8    disapproval of the institution of a municipal collection suit, the

 11-9    municipality may again proceed as provided by Section 326.309(b)

11-10    even though the liability of the taxpayer includes taxes for which

11-11    the municipality has previously given notice and the comptroller or

11-12    attorney general has disapproved of the suit.

11-13          Sec. 326.311.  JUDGMENTS IN MUNICIPAL SUIT.  (a)  A judgment

11-14    in a suit under Section 326.309(b) for or against a taxpayer does

11-15    not affect a claim against the taxpayer by another municipality or

11-16    the state unless the state is party to the suit.

11-17          (b)  A municipality shall abstract a copy of each final

11-18    judgment for taxes imposed under this chapter in a case in which

11-19    the state is not a party and shall send to the comptroller a copy

11-20    of the judgment and the abstract.

11-21          (c)  A municipality shall by execution collect the taxes

11-22    awarded to it in each judgment received by the municipality and is

11-23    responsible for the renewal of the judgment before its expiration.

11-24          (d)  The municipality shall notify the comptroller by

11-25    certified mail of the amount of any taxes collected on the

11-26    judgment.

11-27          Sec. 326.312.  RECORDS.  The owner of a motor vehicle used

 12-1    for rental purposes shall keep for four years records and

 12-2    supporting documents containing the following information on the

 12-3    amount of:

 12-4                (1)  gross rental receipts received from the rental of

 12-5    the motor vehicle; and

 12-6                (2)  the tax imposed under this chapter and paid to the

 12-7    comptroller on each motor vehicle used for rental purposes by the

 12-8    owner.

 12-9          Sec. 326.313.  FAILURE TO KEEP RECORDS.  (a)  An owner of a

12-10    motor vehicle commits an offense if the owner fails to make and

12-11    retain complete records for the four-year period required by

12-12    Section 326.312.

12-13          (b)  An offense under this section is a misdemeanor

12-14    punishable by a fine of not less than $25 or more than $500.

12-15          (c)  The penalty provided by this section is in addition to

12-16    any penalty provided by Chapter 152.

12-17          Sec. 326.314.  OTHER PENALTIES.  (a)  A person commits an

12-18    offense if the person signs an affidavit required by this chapter

12-19    and the person knows that it is false in any material fact.

12-20          (b)  An offense under this section is a felony punishable by

12-21    imprisonment for not less than two nor more than five years or a

12-22    fine of not more than $1,000, or both.

12-23          (c)  The penalty provided by this section is in addition to

12-24    any penalty provided by Chapter 152.

12-25             (Sections 326.315-326.400 reserved for expansion

12-26           SUBCHAPTER F.  REVENUE DEPOSIT, DISTRIBUTION, AND USE

12-27          Sec. 326.401.  TRUST ACCOUNT.  (a)  The comptroller shall

 13-1    deposit the taxes collected under this chapter.  The comptroller

 13-2    shall keep the deposits in trust in the separate suspense account

 13-3    of the municipality from which the taxes were collected.

 13-4          (b)  The comptroller and each employee of the comptroller who

 13-5    has any duty or responsibility in connection with the collection,

 13-6    deposit, transfer, transmittal, disbursement, safekeeping,

 13-7    accounting, or recording of the funds that are acquired by the

 13-8    comptroller under this chapter shall enter into one or more surety

 13-9    bonds in the amount of $100,000 payable to any and all

13-10    municipalities from which the funds are collected.  The comptroller

13-11    may enter into a blanket bond or bonds covering the comptroller and

13-12    the comptroller's employees.

13-13          (c)  The premiums for the bonds required by this section

13-14    shall be paid when due from the state's share of money collected

13-15    and held by the comptroller under this chapter before its deposit

13-16    in the general revenue fund.

13-17          Sec. 326.402.  DISTRIBUTION OF TRUST FUNDS.  At least twice

13-18    during each state fiscal year and at other times as often as

13-19    feasible, the comptroller shall send to the municipal treasurer or

13-20    to the person who performs the office of the municipal treasurer

13-21    payable to the municipality the municipality's share of the taxes

13-22    collected by the comptroller under this chapter.

13-23          Sec. 326.403.  STATE'S SHARE.  Before sending any money to a

13-24    municipality under this subchapter the comptroller shall deduct two

13-25    percent of the amount of the taxes collected within the

13-26    municipality during the period for which a distribution is made as

13-27    the state's charge for its services under this chapter and shall

 14-1    credit the money deducted to the general revenue fund.

 14-2          Sec. 326.404.  AMOUNTS RETAINED IN TRUST ACCOUNT.  (a)  The

 14-3    comptroller may retain in the suspense account of a municipality a

 14-4    portion of the municipality's share of the tax collected for the

 14-5    municipality under this chapter, not to exceed five percent of the

 14-6    amount remitted to the municipality.  If the municipality has

 14-7    abolished the tax, the amount that may be retained may not exceed

 14-8    five percent of the final remittance to the municipality at the

 14-9    time of the termination of the collection of the tax.

14-10          (b)  From the amounts retained in a municipality's suspense

14-11    account, the comptroller may make refunds for overpayments to the

14-12    account and to redeem dishonored checks and drafts deposited to the

14-13    credit of the account.

14-14          (c)  Not later than the first anniversary of the effective

14-15    date of the abolition of a municipality's tax under this chapter

14-16    the comptroller shall send to the municipality the remainder of the

14-17    money in the municipality's account and shall close the account.

14-18          Sec. 326.405.  INTEREST ON TRUST ACCOUNT.  Interest earned on

14-19    all deposits made by the comptroller under Section 326.401,

14-20    including interest earned from retained suspense accounts, shall be

14-21    credited to the general revenue fund.

14-22          Sec. 326.406.  TAX POWERS OF MUNICIPALITY NOT LIMITED.  This

14-23    chapter does not abolish or limit the tax powers of a municipality.

14-24          SECTION 2.  The importance of this legislation and the

14-25    crowded condition of the calendars in both houses create an

14-26    emergency and an imperative public necessity that the

14-27    constitutional rule requiring bills to be read on three several

 15-1    days in each house be suspended, and this rule is hereby suspended,

 15-2    and that this Act take effect and be in force from and after its

 15-3    passage, and it is so enacted.