By Thompson                                     H.B. No. 2310

      75R7781 CBH-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the collection of taxes to which a qualified hotel

 1-3     project is entitled to a refund, rebate, or payment.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subchapter I, Chapter 151, Tax Code, is amended

 1-6     by adding Section 151.4295 to read as follows:

 1-7           Sec. 151.4295.  COLLECTION OF CERTAIN TAXES.  (a)

 1-8     Notwithstanding any other provision of this code, the comptroller

 1-9     shall enter into an  agreement with the owner of a qualified hotel

1-10     project entitled to receive a rebate, refund, or payment under

1-11     Section 151.429 under which the owner will collect those taxes as

1-12     the comptroller's agent and retain the taxes.

1-13           (b)  An agreement made under Subsection (a) must:

1-14                 (1)  specify the date on which the agreement will begin

1-15     and end;

1-16                 (2)  require the owner of the qualified hotel project

1-17     to file periodic reports with the comptroller that include

1-18     detailed information relating to the total amount of each tax

1-19     collected and retained by the owner during the reporting period;

1-20     and

1-21                 (3)  require the owner to keep and retain records

1-22     relating to the total amount of each tax collected and retained by

1-23     the owner.

1-24           (c)  After the comptroller enters into an agreement under

 2-1     Subsection (a), the comptroller shall issue to the owner of the

 2-2     qualified hotel project and to each owner of a business located in

 2-3     the qualified hotel project a certificate that:

 2-4                 (1)  authorizes each owner to make tax-free purchases

 2-5     of taxable items relating to the qualified hotel project or

 2-6     business by presenting the certificate to the seller; and

 2-7                 (2)  requires a business located in the qualified hotel

 2-8     project to remit to the owner of the qualified hotel project any

 2-9     taxes that would otherwise be remitted to the comptroller and

2-10     subject to rebate, refund, or payment under Section 151.429.

2-11           SECTION 2.  (a)  This Act takes effect on the first day of

2-12     the first calendar quarter beginning   on or after the earliest

2-13     date that it may  take effect under Section 39, Article III, Texas

2-14     Constitution.

2-15           (b)  The change in law made by this Act does not affect taxes

2-16     imposed before the effective date of this Act, and the law in

2-17     effect before that date is continued in effect for purposes of the

2-18     liability for and collection of those taxes.

2-19           SECTION 3.  The importance of this legislation and the

2-20     crowded condition of the calendars in both houses create an

2-21     emergency and an imperative public necessity that the

2-22     constitutional rule requiring bills to be read on three several

2-23     days in each house be suspended, and this rule is hereby suspended.