LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE
75th Regular Session
March 26, 1997
TO: Honorable Kenneth Armbrister, Chair IN RE: Senate Bill No. 856, Committee Report 1st House, Substituted
Committee on State Affairs By: Shapleigh
Senate
Austin, Texas
FROM: John Keel, Director
In response to your request for a Fiscal Note on SB856 ( relating
to the authority of certain municipalities to impose a local
tax on the gross rental receipts from the rental of a motor
vehicle.) this office has detemined the following:
Biennial Net Impact to General Revenue Funds by SB856-Committee Report 1st House, Substituted
No significant fiscal implication to the State is anticipated.
Because the bill would not have statewide impact on units of
local government of the same type or class, no comment from
this office is required by the rules of the Senate as to its
probable fiscal implication on units of local government.
The bill would amend Subtitle C, Title 3 of the Tax Code to
allow eligible municipalities to impose a tax not to exceed
10 percent on short-term vehicle rentals. An eligible municipality
could use the tax revenues only to collect the tax and pay costs
associated with a postseason intercollegiate football bowl game,
including but not limited to the cost of planning, acquiring,
establishing, developing, advertising, promoting, conducting,
sponsoring, or otherwise supporting the bowl game.
Under
this bill, the only municipalities eligible to impose the tax
would be those with a population of more than 500,000 situated
in a county bordering the United Mexican States in which a postseason
intercollegiate football bowl game is held annually. The only
municipality currently eligible to impose a vehicle rental tax
under this bill would be El Paso. (The Sun Bowl is played in
El Paso.)
The municipality would not be able to impose
the tax unless it was first approved by a majority of the qualified
voters of the municipality voting at an election held for that
purpose.
The bill would allow an eligible municipality to
impose and collect a tax on the gross rental receipts from motor
vehicle rentals within the municipality in increments of one-eighth
of one percent, not to exceed 10 percent. The tax would be
limited to rentals of 30 days or less. The municipal vehicle
rental tax would not apply unless the state tax applied. The
current exemptions for the state vehicle rental tax also would
apply to the municipal vehicle rental tax.
The bill would
provide for municipal administration and collection of the tax.
A municipality would be required to establish, by resolution,
an Auto Rental Tax Fund (fund). The municipality would be required
to deposit in the fund the proceeds of any tax it imposed and
collected under this bill. The governing body of the municipality
would establish, by ordinance, tax reporting requirements, remittance
schedules, and penalties for failure to keep records, report
as required, and pay the tax when due. A municipality's attorney
would be permitted to file suit against a person who failed
to collect the tax and remit it to the municipality.
The
bill would become effective immediately upon enactment, assuming
that it received the requisite two-thirds majority votes in
both houses of the Legislature. Otherwise, it would become
effective 90 days after adjournment.
Similar annual fiscal
implications would continue as long as the provisions of the
bill are in effect.
Source: Agencies: 304 Comptroller of Public Accounts
LBB Staff: JK ,JD ,SM