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