Texas 2023 - 88th Regular

Texas Senate Bill SB2356

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

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

Impact

The legislation, if enacted, will directly affect state tax law, specifically relating to occupancy taxes. The bill is expected to facilitate a more organized approach to the tax collection process, increasing efficiency and accuracy. Municipalities and counties will receive their entitled tax shares more promptly through the established collection channels. Additionally, the bill includes provisions for the comptroller to audit the accommodations intermediaries, which is intended to uphold transparency and accountability in the collection of these taxes.

Summary

Senate Bill 2356 is aimed at streamlining the collection of state, municipal, and county hotel occupancy taxes by establishing the role of accommodations intermediaries in this process. The bill formalizes the definition and responsibilities of accommodations intermediaries, placing the obligation on them to collect and remit hotel occupancy taxes on behalf of hotels. This removes this responsibility from the hotels themselves, allowing intermediaries to handle the financial aspects of transactions that involve the rental of hotel rooms. The intent is to clarify the process and ensure that taxation is properly collected and distributed to local governments.

Sentiment

The sentiment surrounding SB 2356 appears to be generally supportive, especially among government officials and tax authorities who see the potential for improved revenue collection mechanisms. However, there are concerns regarding the impact on small hotels that might find themselves at a disadvantage under these new rules, depending on how they integrate with intermediaries. The sentiment from smaller local entities indicates a cautious optimism, but they urge protection against potential overreach by intermediaries.

Contention

Notably, some points of contention have emerged around the extent of power granted to accommodations intermediaries. Critics express worry that these intermediaries will prioritize their interests over those of smaller hotels and local governments. Provisions in the bill that determine how taxes are collected and distributed may favor larger operators that have the resources to navigate the new system effectively. This concern underscores a broader dialogue about ensuring equitable treatment across various sizes and types of hospitality businesses within the state.

Texas Constitutional Statutes Affected

Tax Code

  • Chapter 156. Hotel Occupancy Tax
    • Section: New Section
  • Chapter 351. Municipal Hotel Occupancy Taxes
    • Section: New Section
  • Chapter 352. County Hotel Occupancy Taxes
    • Section: New Section

Companion Bills

TX HB5115

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

Similar Bills

TX HB5115

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

TX HB2433

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

TX SB1592

Relating to the collection of state and local hotel occupancy taxes and assessments related to hotels by an accommodations intermediary.

MD HB1103

Local Government - Accommodations Intermediaries - Hotel Rental Tax Collection by Comptroller

MD SB979

Local Government - Accommodations Intermediaries - Hotel Rental Tax - Collection by Comptroller and Alterations

VA HB1557

Short-term rentals; registration; civil penalty.

VA SB1330

Short-term rentals; registration, civil penalty, effective date.

VA HB1688

Short-term rentals; compliance; civil penalty.