By Coleman H.B. No. 2929
Substitute the following for H.B. No. 2929:
By Craddick C.S.H.B. No. 2929
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the taxes of which a qualified hotel project is
1-3 entitled to a refund, rebate, or payment and to the collection of
1-4 those taxes.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 151.429, Tax Code, is amended by amending
1-7 Subsection (h) to read as follows:
1-8 (h) Notwithstanding the other provisions of this section,
1-9 the owner of a qualified hotel project, during the first 10 years
1-10 after such qualified hotel project is open for initial occupancy,
1-11 shall receive a rebate, refund, or payment of:
1-12 (1) 100 percent of the sales and use taxes paid or
1-13 collected by the qualified hotel project or businesses located in
1-14 the qualified hotel project pursuant to this chapter;
1-15 (2) [and] 100 percent of the hotel occupancy taxes
1-16 paid by persons for the use or possession of or for the right to
1-17 the use or possession of a room or space at the qualified hotel
1-18 project pursuant to the provisions of Chapter 156; and
1-19 (3) 100 percent of the mixed beverage taxes paid by
1-20 permittees located at the qualified hotel project that are not
1-21 payable to a county or municipality under Section 183.051 [during
1-22 the first 10 years after such qualified hotel project is open for
1-23 initial occupancy].
1-24 SECTION 2. Subchapter I, Chapter 151, Tax Code, is amended
2-1 by adding Section 151.4295 to read as follows:
2-2 Sec. 151.4295. COLLECTION OF CERTAIN TAXES. (a)
2-3 Notwithstanding any other provision of this code, the comptroller
2-4 shall enter into an agreement with the owner of a qualified hotel
2-5 project entitled to receive a rebate, refund, or payment under
2-6 Section 151.429 under which the owner will collect those taxes as
2-7 the comptroller's agent and retain the taxes.
2-8 (b) An agreement made under Subsection (a) must:
2-9 (1) specify the date on which the agreement will begin
2-10 and end;
2-11 (2) require the owner of the qualified hotel project
2-12 to file periodic reports with the comptroller that include
2-13 detailed information relating to the total amount of each tax
2-14 collected and retained by the owner during the reporting period;
2-15 and
2-16 (3) require the owner to keep and retain records
2-17 relating to the total amount of each tax collected and retained by
2-18 the owner.
2-19 (c) After the comptroller enters into an agreement under
2-20 Subsection (a), the comptroller shall issue to the owner of the
2-21 qualified hotel project and to each owner of a business located in
2-22 the qualified hotel project a certificate that:
2-23 (1) authorizes each owner to present a copy of such
2-24 certificate to a seller of taxable items relating to the qualified
2-25 hotel project or business in lieu of the payment of sales and use
2-26 taxes which would otherwise be due upon the purchase of such
2-27 taxable items; and
3-1 (2) requires a business located in the qualified hotel
3-2 project to remit to the owner of the qualified hotel project any
3-3 taxes that would otherwise be remitted to the comptroller and
3-4 subject to rebate, refund, or payment under Section 151.429.
3-5 SECTION 3. Section 2303.5055, Government Code, is amended by
3-6 adding subsections (f) and (g) to read as follows:
3-7 (f) Notwithstanding any other provision of the Tax Code, an
3-8 agreement entered into under this section may:
3-9 (1) provide that eligible taxable proceeds need not be
3-10 paid to or collected by a governmental body, the tax
3-11 assessor-collector of a governmental body, or the comptroller, but
3-12 instead, such eligible taxable proceeds may be paid to, collected
3-13 by, or retained by the owner of a qualified hotel project;
3-14 (2) require the owner of a qualified hotel project to
3-15 file periodic reports with such governmental body that include
3-16 detailed information relating to the total amount of eligible
3-17 taxable proceeds collected and retained by the owner during the
3-18 reporting period; and
3-19 (3) require the owner to keep and retain records
3-20 relating to the total amount of eligible taxable proceeds collected
3-21 and retained by the owner.
3-22 (g) In connection with an agreement entered into under this
3-23 section, a governmental body may issue to each owner of a business
3-24 located in a qualified hotel project a certificate that requires
3-25 each owner to pay all eligible taxable proceeds directly to the
3-26 owner of the qualified hotel project in lieu of the payment or
3-27 remittance of such eligible taxable proceeds to such governmental
4-1 body or the comptroller.
4-2 SECTION 4. (a) This Act takes effect on the first day of
4-3 the first calendar quarter beginning on or after the earliest
4-4 date that it may take effect under Section 39, Article III, Texas
4-5 Constitution.
4-6 (b) The change in law made by this Act does not affect taxes
4-7 imposed before the effective date of this Act, and the law in
4-8 effect before that date is continued in effect for purposes of the
4-9 liability for and collection of those taxes.
4-10 SECTION 5. The importance of this legislation and the
4-11 crowded condition of the calendars in both houses create an
4-12 emergency and an imperative public necessity that the
4-13 constitutional rule requiring bills to be read on three several
4-14 days in each house be suspended, and this rule is hereby suspended.