By Coleman H.B. No. 2929
75R7780 CBH-F
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) and adding Subsection (i) to read as follows:
1-8 (h) Notwithstanding the other provisions of this section,
1-9 the owner of a qualified hotel project shall receive a rebate,
1-10 refund, or payment of:
1-11 (1) 100 percent of the sales and use taxes paid or
1-12 collected by the qualified hotel project or businesses located in
1-13 the qualified hotel project pursuant to this chapter;
1-14 (2) [and] 100 percent of the hotel occupancy taxes
1-15 paid by persons for the use or possession of or for the right to
1-16 the use or possession of a room or space at the qualified hotel
1-17 project pursuant to the provisions of Chatper 156; and
1-18 (3) 100 percent of the mixed beverage taxes paid by
1-19 permittees located at the qualified hotel project that are not
1-20 rebated to the county or municipality under Section 183.051 [during
1-21 the first 10 years after such qualified hotel project is open for
1-22 initial occupancy].
1-23 (i) The owner of a qualified hotel project shall receive the
1-24 rebate, refund, or payment prescribed by Subsection (h) for taxes
2-1 paid or collected:
2-2 (1) beginning on the date construction of the project
2-3 begins; and
2-4 (2) ending on the day before the 10th anniversary of
2-5 the date the project opens for initial occupancy.
2-6 SECTION 2. Subchapter I, Chapter 151, Tax Code, is amended
2-7 by adding Section 151.4295 to read as follows:
2-8 Sec. 151.4295. COLLECTION OF CERTAIN TAXES. (a)
2-9 Notwithstanding any other provision of this code, the comptroller
2-10 shall enter into an agreement with the owner of a qualified hotel
2-11 project entitled to receive a rebate, refund, or payment under
2-12 Section 151.429 under which the owner will collect those taxes as
2-13 the comptroller's agent and retain the taxes.
2-14 (b) An agreement made under Subsection (a) must:
2-15 (1) specify the date on which the agreement will begin
2-16 and end;
2-17 (2) require the owner of the qualified hotel project
2-18 to file periodic reports with the comptroller that include
2-19 detailed information relating to the total amount of each tax
2-20 collected and retained by the owner during the reporting period;
2-21 and
2-22 (3) require the owner to keep and retain records
2-23 relating to the total amount of each tax collected and retained by
2-24 the owner.
2-25 (c) After the comptroller enters into an agreement under
2-26 Subsection (a), the comptroller shall issue to the owner of the
2-27 qualified hotel project and to each owner of a business located in
3-1 the qualified hotel project a certificate that:
3-2 (1) authorizes each owner to make tax-free purchases
3-3 of taxable items relating to the qualified hotel project or
3-4 business by presenting the certificate to the seller; and
3-5 (2) requires a business located in the qualified hotel
3-6 project to remit to the owner of the qualified hotel project any
3-7 taxes that would otherwise be remitted to the comptroller and
3-8 subject to rebate, refund, or payment under Section 151.429.
3-9 SECTION 3. (a) This Act takes effect on the first day of
3-10 the first calendar quarter beginning on or after the earliest
3-11 date that it may take effect under Section 39, Article III, Texas
3-12 Constitution.
3-13 (b) The change in law made by this Act does not affect taxes
3-14 imposed before the effective date of this Act, and the law in
3-15 effect before that date is continued in effect for purposes of the
3-16 liability for and collection of those taxes.
3-17 SECTION 4. The importance of this legislation and the
3-18 crowded condition of the calendars in both houses create an
3-19 emergency and an imperative public necessity that the
3-20 constitutional rule requiring bills to be read on three several
3-21 days in each house be suspended, and this rule is hereby suspended.