Bill Text: TX SB977 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the imposition, use, rebate, and refund of certain taxes related to certain hotel business revenue.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-05-28 - Effective immediately [SB977 Detail]
Download: Texas-2011-SB977-Enrolled.html
S.B. No. 977 |
|
||
relating to the imposition, use, rebate, and refund of certain | ||
taxes related to certain hotel business revenue. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2303.5055, Government Code, is amended | ||
by adding Subsection (f) to read as follows: | ||
(f) Notwithstanding any other law, the comptroller shall | ||
deposit eligible taxable proceeds that were collected by or | ||
forwarded to the comptroller, and to which the qualified hotel | ||
project is entitled according to an agreement under this section, | ||
in trust in a separate suspense account of the project. A suspense | ||
account is outside the state treasury, and the comptroller may make | ||
a rebate, refund, or payment authorized by this section without the | ||
necessity of an appropriation. The comptroller shall rebate, | ||
refund, or pay to each qualified hotel project eligible taxable | ||
proceeds to which the project is entitled under this section at | ||
least quarterly. | ||
SECTION 2. Subsection (h), Section 151.429, Tax Code, is | ||
amended to read as follows: | ||
(h) Notwithstanding the other provisions of this section, | ||
the owner of a qualified hotel project shall receive a rebate, | ||
refund, or payment of 100 percent of the sales and use taxes paid or | ||
collected by the qualified hotel project or businesses located in | ||
the qualified hotel project pursuant to this chapter and 100 | ||
percent of the hotel occupancy taxes paid by persons for the use or | ||
possession of or for the right to the use or possession of a room or | ||
space at the qualified hotel project pursuant to the provisions of | ||
Chapter 156 during the first 10 years after such qualified hotel | ||
project is open for initial occupancy. The comptroller shall | ||
deposit the taxes in trust in a separate suspense account of the | ||
qualified hotel project. A suspense account is outside the state | ||
treasury, and the comptroller may make a rebate, refund, or payment | ||
authorized by this section without the necessity of an | ||
appropriation. The comptroller shall rebate, refund, or pay to | ||
each qualified hotel project eligible taxable proceeds to which the | ||
project is entitled under this section at least monthly. | ||
SECTION 3. Subdivision (7), Section 351.001, Tax Code, is | ||
amended to read as follows: | ||
(7) "Eligible central municipality" means: | ||
(A) a municipality with a population of more than | ||
140,000 but less than 1.5 million that is located in a county with a | ||
population of one million or more and that has adopted a capital | ||
improvement plan for the expansion of an existing convention center | ||
facility; or | ||
(B) a municipality with a population of 250,000 | ||
or more that: | ||
(i) is located wholly or partly on a barrier | ||
island that borders the Gulf of Mexico; | ||
(ii) is located in a county with a | ||
population of 300,000 or more; and | ||
(iii) has adopted a capital improvement | ||
plan to expand an existing convention center facility. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 977 passed the Senate on | ||
April 21, 2011, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendment on May 17, 2011, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 977 passed the House, with | ||
amendment, on May 9, 2011, by the following vote: Yeas 130, | ||
Nays 12, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |