By:  Shapleigh                                S.B. No. 856

         97S0390/2                           

                                A BILL TO BE ENTITLED

                                       AN ACT

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

 1-2     local tax on the gross rental receipts from the rental of a motor

 1-3     vehicle.

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

 1-5           SECTION 1.  Subtitle C, Title 3, Tax Code, is amended by

 1-6     adding Chapter 326 to read as follows:

 1-7           CHAPTER 326.  MUNICIPAL TAX ON RENTAL OF MOTOR VEHICLE

 1-8                      SUBCHAPTER A.  GENERAL PROVISIONS

 1-9           Sec. 326.001.  DEFINITIONS.  In this chapter:

1-10                 (1)  "Athletic event" means a postseason

1-11     intercollegiate athletic football bowl game for which a fee for

1-12     admission to one or more sports or athletic events is charged.

1-13                 (2)  "Auto rental tax fund" means the fund established

1-14     by a municipality by resolution for the deposit of the tax revenue

1-15     collected under this chapter.

1-16                 (3)  "Gross rental receipts" means value received or

1-17     promised as consideration to the owner or lessor of a motor vehicle

1-18     for rental of the vehicle, but the term does not include:

1-19                       (A)  separately stated charges for insurance;

1-20                       (B)  charges for damages to the motor vehicle

1-21     occurring during the rental agreement period;

1-22                       (C)  separately stated charges for motor fuel

1-23     sold by the owner of the motor vehicle; or

 2-1                       (D)  discounts.

 2-2                 (4)  "Motor vehicle" includes:

 2-3                       (A)  a self-propelled vehicle designed to

 2-4     transport persons or property on a public street and highway;

 2-5                       (B)  a trailer and semitrailer, including a van,

 2-6     flatbed, tank, dumpster, dolly, jeep, stinger, auxiliary axle, or

 2-7     converter gear; and

 2-8                       (C)  a house trailer as defined by Section

 2-9     501.002, Transportation Code.

2-10                 (5)  "Rental of a motor vehicle" means an agreement by

2-11     the owner or lessor of a motor vehicle registered as a retailer

2-12     under Section 152.065 to authorize the exclusive use of the vehicle

2-13     to another for consideration.

2-14           Sec. 326.002.  OTHER PORTIONS OF TAX APPLICABLE.  Subtitles A

2-15     and B, Title 2, and Chapter 152 apply to the taxes and to the

2-16     administration and enforcement of the taxes imposed by this chapter

2-17     in the same manner that those laws apply to state taxes, unless

2-18     modified by this chapter.

2-19           Sec. 326.003.  APPLICATION OF CHAPTER.  This chapter applies

2-20     only to a municipality with a population of more than 500,000 that

2-21     is situated in a county bordering the Republic of Mexico and which

2-22     has an athletic event located within the municipality's boundaries.

2-23          SUBCHAPTER B.  IMPOSITION OF GROSS RENTAL RECEIPTS TAX BY

2-24                                MUNICIPALITY

2-25           Sec. 326.101.  TAX AUTHORIZED.  (a)  A municipality by

 3-1     ordinance may impose a tax on the gross rental receipts from the

 3-2     rental of a motor vehicle.

 3-3           (b)  A municipality by ordinance may repeal or increase or

 3-4     decrease the rate of a tax imposed under Subsection (a).

 3-5           (c)  A municipality may impose or increase a tax under this

 3-6     chapter only if the tax is approved by a majority of the qualified

 3-7     voters of the municipality voting at an election called and held

 3-8     for that purpose under Section 326.102.

 3-9           Sec. 326.102.  ELECTION.  (a)  An election under this chapter

3-10     is called by the adoption of a resolution by the governing body of

3-11     a municipality.

3-12           (b)  The governing body may call the election by a majority

3-13     vote of its members.

3-14           (c)  The ballot at the election held under this section must

3-15     be printed to permit voting for or against the proposition:

3-16     "Authorizing           (insert name of municipality) to establish

3-17     an auto rental tax fund and to impose a tax on the gross rental

3-18     receipts from the rental of a motor vehicle at the rate of

3-19               (insert the maximum rate of the tax) for the purpose of

3-20     financing athletic events."

3-21           (d)  The Election Code governs an election held under this

3-22     chapter, except that the uniform election date provisions of

3-23     Section 41.001(a), Election Code, do not apply to an election

3-24     ordered under this section.

3-25           Sec. 326.103.  EFFECTIVE DATE OF NEW TAX, TAX REPEAL, OR RATE

 4-1     CHANGE; BOUNDARY CHANGE.  (a)  The imposition of a tax under this

 4-2     chapter, the repeal of a tax imposed under this chapter, or a

 4-3     change in the tax rate under this chapter shall in each case take

 4-4     effect on the first day of the first calendar quarter occurring

 4-5     after the expiration of the first complete calendar quarter

 4-6     occurring after the date on which the comptroller receives notice

 4-7     of the action, sent by United States registered or certified mail,

 4-8     that includes a certified copy of the ordinance and if the action

 4-9     is the initial imposition of the tax, a map of the municipality

4-10     clearly showing its boundaries and the location of the venue for

4-11     the athletic event.

4-12           (b)  If a municipality which has in effect the tax authorized

4-13     under this chapter changes its boundaries, the municipal secretary

4-14     shall send by United States registered or certified mail to the

4-15     comptroller a certified copy of the ordinance that adds or detaches

4-16     municipal territory and that shows the effective date of the

4-17     boundary change.  The ordinance must be accompanied by a map

4-18     clearly showing the added or detached territory.  Except as

4-19     provided by Subsection (c), the tax takes effect in the added

4-20     territory or is inapplicable to the detached territory on the first

4-21     day of the first calendar quarter after the comptroller receives

4-22     the ordinance and map.

4-23           (c)  If, within 10 days after the receipt of an ordinance and

4-24     map sent under Subsection (b), the comptroller notifies the

4-25     secretary of the municipality that more time is required, the

 5-1     effective date of the application of the tax in the added or

 5-2     detached territory is the first day of the first calendar quarter

 5-3     after the expiration of the first complete calendar quarter

 5-4     occurring after the date on which the comptroller receives the

 5-5     ordinance and map.

 5-6           Sec. 326.104.  RENTAL TAX.  The tax authorized by this

 5-7     chapter may be imposed at a rate in increments of one-eighth of one

 5-8     percent, not to exceed five percent, on the gross rental receipts

 5-9     from the rental of a motor vehicle within the municipality.

5-10                      SUBCHAPTER C.  USE OF TAX REVENUE

5-11           Sec. 326.201.  AUTO RENTAL TAX FUND.  (a)  A municipality

5-12     shall establish by resolution a fund known as the auto rental tax

5-13     fund.

5-14           (b)  The municipality shall deposit into the auto rental tax

5-15     fund the proceeds of any tax imposed by the municipality under this

5-16     chapter.

5-17           (c)  The municipality may use money in the auto rental tax

5-18     fund only to operate one or more athletic events, including but not

5-19     limited to paying the costs of planning, acquiring, establishing,

5-20     developing, advertising, promoting, conducting, sponsoring, or

5-21     otherwise supporting such an event.

5-22                      SUBCHAPTER D.  COMPUTATION OF TAX

5-23           Sec. 326.301.  COMPUTATION OF GROSS RENTAL RECEIPTS TAX.

5-24     (a)  Each motor vehicle owner or lessor in a municipality that has

5-25     adopted a tax authorized by this chapter shall add the gross rental

 6-1     receipts tax imposed by the municipality under this chapter and by

 6-2     Chapter 152 to the rental charge.  The sum of the taxes shall be

 6-3     part of the rental charge, a debt owed to the motor vehicle owner

 6-4     or lessor by the person renting the vehicle, and recoverable at law

 6-5     in the same manner as the rental charge.

 6-6           (b)  The amount of the total tax is computed by multiplying

 6-7     the combined applicable tax rates by the amount of the rental

 6-8     charge.  If the product results in a fraction of a cent less than

 6-9     one-half of one cent, the fraction of a cent is not collected.  If

6-10     the fraction of a cent is one-half of one cent or more, the

6-11     fraction shall be collected as one cent.

6-12           (c)  All gross rental receipts of an owner or lessor of a

6-13     motor vehicle registered as a retailer under Section 152.065 from

6-14     the rental of the motor vehicle are presumed to be subject to the

6-15     tax imposed under this chapter, except for gross rental receipts

6-16     for which the owner or lessor has accepted in good faith a properly

6-17     completed exemption certificate.

6-18           Sec. 326.302.  CONSUMMATION OF RENTAL.  (a)  A rental of a

6-19     motor vehicle occurs within the municipality in which the rental is

6-20     consummated.

6-21           (b)  The rental is consummated in the municipality:

6-22                 (1)  where the owner or lessor delivers the motor

6-23     vehicle, if the owner or lessor delivers the motor vehicle to a

6-24     point designated by the renter; or

6-25                 (2)  where the renter takes possession of and removes

 7-1     the motor vehicle from the possession of the vehicle owner or

 7-2     lessor.

 7-3           (c)  If neither the place at which possession of the motor

 7-4     vehicle is taken nor the place to which delivery of the motor

 7-5     vehicle is made from the owner's or lessor's place of business is

 7-6     in this state, the rental is consummated:

 7-7                 (1)  at the owner's or lessor's place of business in

 7-8     this state where the order is received; or

 7-9                 (2)  if the order is not received at a place of

7-10     business of the owner or lessor, at the place of business from

7-11     which the owner's or lessor's agent who took the order operates.

7-12           Sec. 326.303.  LOCAL TAX INAPPLICABLE WHEN NO STATE TAX.  The

7-13     tax authorized by this chapter does not apply to the gross rental

7-14     receipts from the rental of a motor vehicle unless the tax imposed

7-15     by Chapter 152 also applies to the rental.

7-16           Sec. 326.304.  STATE EXEMPTIONS APPLICABLE.  The exemptions

7-17     provided by Subchapter E, Chapter 152, apply to the taxes

7-18     authorized by this chapter.

7-19           Sec. 326.305.  TRANSITION EXEMPTION.  (a)  Before September

7-20     1, 2000, the gross rental receipts from the rental of a motor

7-21     vehicle are exempt from the imposition of the tax if the notice

7-22     required by Subsection (b) is given and if:

7-23                 (1)  the rental of the motor vehicle is used for the

7-24     performance of a written contract entered into before the effective

7-25     date of the imposition, if the contract may be affected and the

 8-1     contract may not be modified because of the tax; or

 8-2                 (2)  the rental of the motor vehicle is used under the

 8-3     obligation of a bid submitted before the effective date of the

 8-4     imposition of or increase in the tax if the contract may be

 8-5     affected and the bid may not be withdrawn or modified because of

 8-6     the tax.

 8-7           (b)  The taxpayer must give the comptroller notice of the

 8-8     contract or bid on which an exemption is to be claimed within 30

 8-9     days after the effective date of the imposition or increase of the

8-10     tax under this chapter in the municipality.  The taxpayer shall

8-11     provide to the comptroller a copy of the contract or bid.

8-12                    SUBCHAPTER E.  ADMINISTRATION OF TAX

8-13           Sec. 326.401.  COMPTROLLER TO COLLECT AND ADMINISTER TAX.

8-14     The comptroller shall administer, collect, and enforce the tax

8-15     imposed by a municipality under this chapter.  The tax imposed

8-16     under this chapter and the tax imposed under Chapter 152 shall be

8-17     collected together.

8-18           Sec. 326.402.  COMPTROLLER'S REPORTING DUTIES.  (a)  The

8-19     comptroller quarterly shall make a report to a municipality that

8-20     has adopted the tax authorized by this chapter.  The report must

8-21     include the name, address, and account number of each person in the

8-22     municipality that has remitted to the comptroller a tax payment

8-23     during the quarter covered by the report.

8-24           (b)  If a municipality requests an additional report, the

8-25     comptroller shall make an additional quarterly report to the

 9-1     municipality including the name, address, and account number, if

 9-2     any, of and the amount of tax due from each person doing business

 9-3     in the municipality who has failed to pay the tax under this

 9-4     chapter or under Chapter 152.  The additional report must also

 9-5     include statements:

 9-6                 (1)  showing whether there has been a partial tax

 9-7     payment by the delinquent taxpayer;

 9-8                 (2)  showing whether the taxpayer is delinquent in the

 9-9     payment of gross rental receipts taxes to the state; and

9-10                 (3)  describing the steps taken by the comptroller to

9-11     collect the delinquent taxes.

9-12           (c)  If a municipality determines that a person doing

9-13     business in the municipality is not included in a report from the

9-14     comptroller, the municipality shall report to the comptroller the

9-15     name and address of the person.  Within 90 days after receiving the

9-16     report from a municipality, the comptroller shall send to the

9-17     municipality:

9-18                 (1)  an explanation as to why the person is not

9-19     obligated for the municipal tax;

9-20                 (2)  a statement that the person is obligated for the

9-21     municipal tax and the tax is delinquent; or

9-22                 (3)  a certification that the person is obligated for

9-23     the municipal tax and that the full amount of the tax due has been

9-24     credited to the municipality's account.

9-25           (d)  The comptroller shall send by United States certified or

 10-1    registered mail to the municipal tax collector a notice of each

 10-2    person who is delinquent in the payment to the municipality of the

 10-3    taxes authorized by this chapter and shall send a copy of the

 10-4    notice to the attorney general.  A notice sent under this

 10-5    subsection is a certification of the amount of tax owed and is

 10-6    prima facie evidence of a determination of that amount and of its

 10-7    delinquency.

 10-8          Sec. 326.403.  DISPOSITION OF AMOUNT ERRONEOUSLY COLLECTED.

 10-9    (a)  If, in territory added to a municipality, an owner or lessor

10-10    erroneously collects an amount as a tax imposed under this chapter

10-11    before the  date the tax imposed under this chapter by the

10-12    municipality takes effect in the added territory under Section

10-13    326.103, the amount collected is treated as if it were revenue from

10-14    the tax imposed by the municipality under this chapter, and the

10-15    comptroller shall collect and administer the amount in the same

10-16    manner as tax revenue.

10-17          (b)  This section does not affect the right of a person who

10-18    paid an amount erroneously collected by an owner or lessor to claim

10-19    a refund or the authority of the comptroller to make a refund of

10-20    that amount.

10-21          Sec. 326.404.  PERMITS.  (a)  A motor vehicle owner or lessor

10-22    required to collect, report, and pay a tax on gross rental receipts

10-23    under this chapter shall comply with Section 152.065 and applicable

10-24    provisions of Chapter 151.

10-25          (b)  An additional permit, exemption, or certificate is not

 11-1    required except that the comptroller may prescribe a separate

 11-2    exemption certificate form for the transition exemption for prior

 11-3    contracts and bids under Section 326.305.

 11-4          Sec. 326.405.  DISCOUNTS.  A discount allowed an owner or

 11-5    lessor under Chapter 152 and applicable provisions of Chapter 151

 11-6    for the collection and prepayment of the taxes under that chapter

 11-7    are allowed and applicable to the taxes collected under this

 11-8    chapter.

 11-9          Sec. 326.406.  RECORDS.  The owner or lessor of a motor

11-10    vehicle used for rental purposes shall keep for four years after

11-11    the rental of a motor vehicle all records and supporting documents

11-12    containing information on the amount of:

11-13                (1)  the gross rental receipts received from the rental

11-14    of the motor vehicle; and

11-15                (2)  the tax imposed under this chapter and paid to the

11-16    municipality on each motor vehicle used for rental purposes by the

11-17    owner.

11-18          Sec. 326.407.  FAILURE TO KEEP RECORDS.  (a)  An owner or

11-19    lessor of a motor vehicle commits an offense if the owner or lessor

11-20    fails to make and retain complete records as required under Section

11-21    326.406.

11-22          (b)  An offense under this section is a misdemeanor

11-23    punishable by a fine of not less than $25 or more than $500.

11-24          Sec. 326.408.  COMPTROLLER'S RULES.  The comptroller may

11-25    adopt reasonable rules and prescribe forms that are consistent with

 12-1    this chapter for implementing the administration, collection,

 12-2    reporting, and enforcement provisions of this chapter.

 12-3          Sec. 326.409.  DELINQUENT TAXES:  LIMITATIONS.  The

 12-4    limitations for the bringing of a suit for the collection of a tax

 12-5    imposed or a penalty due under this chapter after the tax and

 12-6    penalty are delinquent or after a determination against the

 12-7    taxpayer are the same as limitations provided by Chapter 152 and

 12-8    applicable provisions of Chapter 151.

 12-9          Sec. 326.410.  SEIZURE AND SALE OF PROPERTY.  If the

12-10    comptroller lawfully seizes property for the payment of the taxes

12-11    imposed under Chapter 152 and the property owner is delinquent in

12-12    the payment of taxes under this chapter, the comptroller shall sell

12-13    sufficient property to pay the delinquent taxes and penalties of

12-14    both taxes.  The proceeds of a sale of seized property shall first

12-15    be applied to the payment of amounts due the state, and the

12-16    remainder, if any, shall be applied to the amounts due to the

12-17    municipality to which the taxes are due.

12-18          Sec. 326.411.  SUIT FOR TAX COLLECTION.  (a)  A municipality

12-19    acting through its attorney may join as a plaintiff in any suit

12-20    brought by the attorney general to seek a judgment for delinquent

12-21    taxes and penalties due to the municipality under this chapter.

12-22          (b)  A municipality may bring suit for the collection of

12-23    taxes owed to the municipality under this chapter if:

12-24                (1)  a written notice of the tax delinquency and the

12-25    municipality's intention to bring suit is sent by certified mail to

 13-1    the taxpayer, the attorney general, and the comptroller at least 60

 13-2    days before the suit is filed; and

 13-3                (2)  neither the comptroller nor the attorney general

 13-4    disapproves of the suit pursuant to Section 326.412.

 13-5          Sec. 326.412.  DISAPPROVAL OF MUNICIPAL SUIT.  (a)  The

 13-6    comptroller or the attorney general may disapprove of the

 13-7    institution of a suit by a municipality under Section 326.411 if:

 13-8                (1)  negotiations between the state and the taxpayer

 13-9    are being conducted for the purpose of the collection of delinquent

13-10    taxes owed to the state and the municipality seeking to bring suit;

13-11                (2)  the taxpayer owes substantial taxes to the state

13-12    and there is a reasonable possibility that the taxpayer may be

13-13    unable to pay the total amount owed;

13-14                (3)  the state will bring suit against the taxpayer for

13-15    all taxes due under this chapter and under Chapter 151; or

13-16                (4)  the suit involves a critical legal question

13-17    relating to the interpretation of state law or a provision of the

13-18    Texas Constitution or the United States Constitution in which the

13-19    state has an overriding interest.

13-20          (b)  A notice of disapproval to a municipality must be in

13-21    writing and must give the reason for the determination by the

13-22    comptroller or attorney general.

13-23          (c)  Not earlier than the first anniversary of the date of

13-24    disapproval of the institution of a municipal collection suit, the

13-25    municipality may again proceed as provided by Section 326.411 even

 14-1    though the liability of the taxpayer includes taxes for which the

 14-2    municipality has previously given notice and the comptroller or

 14-3    attorney general has disapproved of the suit.

 14-4          Sec. 326.413.  JUDGMENTS IN MUNICIPAL SUIT.  (a)  A judgment

 14-5    in a suit under Section 326.411 for or against a taxpayer does not

 14-6    affect a claim against the taxpayer by another municipality or the

 14-7    state unless the state is party to the suit.

 14-8          (b)  A municipality shall abstract a copy of each final

 14-9    judgment for taxes imposed in the municipality's favor under this

14-10    chapter in a case in which the state is not a party and shall send

14-11    to the comptroller a copy of the judgment and the abstract.

14-12          (c)  A municipality shall by execution collect the taxes

14-13    awarded to it in each judgment received by the municipality and is

14-14    responsible for the renewal of the judgment before its expiration.

14-15          (d)  The municipality shall notify the comptroller by

14-16    certified mail of the amount of any taxes collected on the

14-17    judgment.

14-18           SUBCHAPTER F.  REVENUE DEPOSIT, DISTRIBUTION, AND USE

14-19          Sec. 326.501.  TRUST ACCOUNT.  (a)  The comptroller shall

14-20    deposit the taxes collected by the comptroller under this chapter

14-21    in the state treasury.  The comptroller shall keep the deposits in

14-22    trust in the separate suspense account of the municipality from

14-23    which the taxes were collected.

14-24          (b)  The comptroller and each employee of the comptroller who

14-25    has any duty or responsibility in connection with the collection,

 15-1    deposit, transfer, transmittal, disbursement, safekeeping,

 15-2    accounting, or recording of the funds that are acquired by the

 15-3    comptroller under this chapter shall enter into one or more surety

 15-4    bonds in the amount of $100,000 payable to any and all

 15-5    municipalities from which the funds are collected.  The comptroller

 15-6    may enter into a blanket bond or bonds covering the comptroller and

 15-7    the comptroller's employees.

 15-8          (c)  The premiums for the bonds required by this section

 15-9    shall be paid when due from the state's share of money collected

15-10    and held by the comptroller under this chapter before its deposit

15-11    in the general revenue fund.

15-12          Sec. 326.502.  DISTRIBUTION OF TRUST FUNDS.  At least twice

15-13    during each state fiscal year and at other times as often as

15-14    feasible, the comptroller shall send to the municipal treasurer or

15-15    to the person who performs the office of the municipal treasurer,

15-16    payable to the municipality, the municipality's share of the taxes

15-17    collected by the comptroller under this chapter.

15-18          Sec. 326.503.  STATE'S SHARE.  Before sending any money to a

15-19    municipality under this subchapter, the comptroller shall deduct

15-20    two percent of the amount of the taxes collected within the

15-21    municipality during the period for which a distribution is made as

15-22    the state's charge for its services under this chapter and shall,

15-23    subject to premium payments under Section 326.501(c), credit the

15-24    money deducted to the general revenue fund.

15-25          Sec. 326.504.  AMOUNTS RETAINED IN TRUST ACCOUNT.  (a)  The

 16-1    comptroller may retain in the suspense account of a municipality a

 16-2    portion of the municipality's share of the tax collected for the

 16-3    municipality under this chapter, not to exceed five percent of the

 16-4    amount remitted to the municipality.  If the municipality has

 16-5    abolished the tax, the amount that may be retained may not exceed

 16-6    five percent of the final remittance to the municipality at the

 16-7    time of the termination of the collection of the tax.

 16-8          (b)  From the amounts retained in a municipality's suspense

 16-9    account, the comptroller may make refunds for overpayments to the

16-10    account and to redeem dishonored checks and drafts deposited to the

16-11    credit of the account.

16-12          (c)  Not later than the first anniversary of the effective

16-13    date of the abolition of a municipality's tax under this chapter,

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

16-15    money in the municipality's suspense account and shall close the

16-16    account.

16-17          Sec. 326.505.  INTEREST ON TRUST ACCOUNT.  Interest earned on

16-18    all deposits made in the state treasury under Section 326.501,

16-19    including interest earned from retained suspense accounts, shall be

16-20    credited to the general revenue fund.

16-21          Sec. 326.506.  TAX POWERS OF MUNICIPALITY NOT LIMITED.  This

16-22    chapter does not abolish or limit the tax powers of a municipality.

16-23          SECTION 2.  The importance of this legislation and the

16-24    crowded condition of the calendars in both houses create an

16-25    emergency and an imperative public necessity that the

 17-1    constitutional rule requiring bills to be read on three several

 17-2    days in each house be suspended, and this rule is hereby suspended,

 17-3    and that this Act take effect and be in force from and after its

 17-4    passage, and it is so enacted.