Texas 2023 - 88th Regular

Texas House Bill HB5115

Filed

3/10/23

Out of House Committee

Voted on by House

Out of Senate Committee

Voted on by Senate

Governor Action

Bill Becomes Law

Caption

Relating to the collection of state, municipal, and county hotel occupancy taxes by an accommodations intermediary.

Impact

If enacted, HB 5115 will significantly alter how hotel occupancy taxes are assessed and collected in Texas. Instead of hotels individually managing their tax reporting on rentals made through intermediaries, the intermediaries themselves will take on this responsibility. This change could potentially boost state and local revenues as compliance becomes more robust due to the centralized nature of tax collection. The bill also includes provisions for the comptroller to adopt rules for its administration, emphasizing the organized framework within which these taxes will be managed.

Summary

House Bill 5115 aims to amend the Tax Code concerning the collection of hotel occupancy taxes by accommodations intermediaries, which include online platforms like Airbnb. The bill mandates that these intermediaries are responsible for collecting the appropriate hotel occupancy tax on booking charges when they facilitate hotel room rentals. The legislation centralizes tax collection at the state level, creating uniformity across municipalities and counties regarding how hotel taxes are handled through intermediaries. This shift is designed to simplify compliance for both the intermediaries and the hotels, making the tax process more streamlined and efficient.

Sentiment

The sentiment surrounding HB 5115 appears to be generally supportive, particularly from the accommodations industry. Representatives from platforms like Airbnb expressed their backing, indicating a desire to contribute fairly to tax revenues. However, there may also be concerns from smaller hotels and localities regarding how this centralization could affect their local tax revenues and control over tax collection processes. Despite these potential concerns, the overarching sentiment points towards a preference for a standardized approach to tax collection in the hotel industry.

Contention

While the bill has support, notable points of contention pertain to local government authority and the implications of state control over local taxes. Critics may argue that local governments should retain the ability to manage taxes within their jurisdictions to respond better to community needs. The potential for reduced local revenue as a result of this bill may spark debates among legislators and local officials about the balance between state oversight and local control over taxation and revenue generation.