82R10925 CJC-F
By: Anchia H.B. No. 3341
A BILL TO BE ENTITLED
AN ACT
relating to the rebate, refund, or payment of tax proceeds to a
qualified hotel project.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2303.5055, Government Code, is amended
by amending Subsection (a) and adding Subsection (f) to read as
follows:
(a) For a period that may not exceed 10 years, a
governmental body, including the state or a municipality, county,
or political subdivision of this state, may agree to rebate,
refund, or pay eligible taxable proceeds to the owner of a qualified
hotel project at which the eligible taxable proceeds were
generated.
(f) Notwithstanding any other law, the comptroller shall
deposit eligible taxable proceeds that were collected by or
forwarded to the comptroller in relation to a qualified hotel
project and to which the project is entitled 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 the hotel occupancy taxes and sales
and use taxes to which the project is entitled under this section at
least monthly. The comptroller shall rebate, refund, or pay mixed
beverage taxes at least quarterly.
SECTION 2. Section 151.429(h), 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 and rebate, refund, or pay the taxes described by this
subsection as provided by Section 2303.5055(f), Government Code.
SECTION 3. Section 351.102, Tax Code, is amended by adding
Subsection (d) to read as follows:
(d) The comptroller shall deposit and rebate, refund, or pay
the taxes described by Subsection (c) that are collected by or
forwarded to the comptroller as provided by Section 2303.5055(f),
Government Code.
SECTION 4. This Act takes effect September 1, 2011.