| 1 | 1 | | 84R13804 YDB-F |
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| 2 | 2 | | By: Alonzo H.B. No. 3667 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a refund of state taxes for a horse racing or greyhound |
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| 8 | 8 | | association that offers enhanced purses. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 4, Texas Racing Act (Article 179e, |
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| 11 | 11 | | Vernon's Texas Civil Statutes), is amended by adding Section 4.07 |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | Sec. 4.07. REFUND OF TAXES FOR ASSOCIATION OFFERING |
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| 14 | 14 | | ENHANCED PURSES. (a) In this section, "purse enhancement" means |
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| 15 | 15 | | the amount in any calendar year by which the total amount of all |
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| 16 | 16 | | purses offered by an association exceeds the total amount of all |
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| 17 | 17 | | purses offered by the association in 2014. |
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| 18 | 18 | | (b) Subject to the limitations and conditions prescribed by |
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| 19 | 19 | | this section, an association is eligible for a refund of the |
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| 20 | 20 | | following taxes paid to this state: |
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| 21 | 21 | | (1) sales and use taxes imposed under Chapter 151, Tax |
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| 22 | 22 | | Code; |
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| 23 | 23 | | (2) franchise taxes imposed under Chapter 171, Tax |
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| 24 | 24 | | Code; |
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| 25 | 25 | | (3) mixed beverage taxes imposed under Chapter 183, |
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| 26 | 26 | | Tax Code; and |
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| 27 | 27 | | (4) the state's portion of the simulcast pari-mutual |
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| 28 | 28 | | pool under Sections 6.091(a)(1) and (2) of this Act. |
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| 29 | 29 | | (c) The amount of the refund is equal to the lesser of the |
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| 30 | 30 | | purse enhancement offered by the association during the preceding |
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| 31 | 31 | | calendar year or the total amount of the taxes described by |
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| 32 | 32 | | Subsection (b) of this section paid to this state by the association |
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| 33 | 33 | | during that year. |
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| 34 | 34 | | (d) Before claiming a refund under this section, the |
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| 35 | 35 | | association must make a written request to the commission for |
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| 36 | 36 | | certification of the purse enhancement offered by the association |
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| 37 | 37 | | during the preceding calendar year. The commission shall issue the |
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| 38 | 38 | | certification not later than the 30th day after the date the |
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| 39 | 39 | | commission receives the request from the association. |
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| 40 | 40 | | (e) An association must apply to the comptroller for a |
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| 41 | 41 | | refund under this section on a form prescribed by the comptroller. |
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| 42 | 42 | | The association must include in the application the certification |
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| 43 | 43 | | received from the commission under Subsection (d) of this section. |
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| 44 | 44 | | (f) The comptroller shall issue a refund under this section |
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| 45 | 45 | | to an eligible association not later than the 90th day after the |
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| 46 | 46 | | date the comptroller receives the application for the refund. |
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| 47 | 47 | | SECTION 2. This Act applies only to purses offered by a |
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| 48 | 48 | | person licensed under the Texas Racing Act (Article 179e, Vernon's |
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| 49 | 49 | | Texas Civil Statutes), on or after January 1, 2015, and taxes paid |
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| 50 | 50 | | to the state by that person on or after January 1, 2015. |
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| 51 | 51 | | SECTION 3. This Act takes effect immediately if it receives |
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| 52 | 52 | | a vote of two-thirds of all the members elected to each house, as |
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| 53 | 53 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 54 | 54 | | Act does not receive the vote necessary for immediate effect, this |
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| 55 | 55 | | Act takes effect September 1, 2015. |
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