Under the authorization provided by the Texas Tax Code chapter
351, the city levies the following hotel occupancy tax within the
city limits.
(Ordinance 24 adopted 3/24/09)
For purposes of this division, and in accordance with chapter
351 of the Texas Tax Code, the terms used will have the meanings set
forth below. Words that are not defined will have their ordinarily
accepted meanings unless defined elsewhere in this code.
Consideration.
The price of a room which is ordinarily used for sleeping
in a hotel, but does not include the cost of food served by the hotel
or the cost of personal services performed by the hotel except those
services related to cleaning and readying the room for use or possession.
Hotel.
A building in which members of the public obtain sleeping
accommodations for consideration. The term includes a hotel, motel,
tourist home, tourist house, tourist court, lodging house, inn or
rooming house, and bed and breakfast, but does not include a hospital,
sanitarium, or nursing home.
Occupancy.
The use or possession or the right to use or possession of
a room or space for less than thirty consecutive days in a hotel costing
two dollars or more each day.
Person.
Any individual, company, corporation or association.
(Ordinance 07-08-14-D, sec. 2 (11.202),
adopted 8/14/07)
(a) A
tax of seven percent (7%) of the consideration paid for a hotel room
located within the corporate limits of the city is levied on a person
who, under a lease, concession, permit, right of access, license,
contract, or agreement, pays the consideration for the use or possession
or for the right to the use or possession of a hotel room that costs
two dollars or more each day and is ordinarily used for sleeping.
(b) This
division does not impose a tax on:
(1) A person who has the right to use or possess a hotel room for at
least 30 consecutive days, so long as there is no interruption of
payment for the period; or
(2) The United States, a governmental entity of the United States, or
an officer or employee of the United States.
(c) Except
as otherwise provided in section 156.103 (Exception-State and federal
government) of the Texas Tax Code, the state, or an agency, institution,
board, or commission of the state other than an institution of higher
education, as that term is defined by section 61.003 (Definitions)
of the Texas Education Code, shall pay the tax imposed by this division
and is entitled to a refund of the amount of tax paid.
(d) A
person entitled to a refund of tax paid under this section shall make
an application for a refund according to the rules prescribed by the
city in the form prescribed by the city.
(Ordinance 07-08-14-D, sec. 2 (11.203),
adopted 8/14/07; Ordinance
24 adopted 3/24/09)
(a) A
person who owns, operates, manages, or controls a hotel or collects
payment for the use or possession or for the right to the use or possession
of a hotel room within the corporate limits of the city shall collect
the tax levied by this division for the city.
(b) A
person who collects the tax shall deposit the tax proceeds into a
separate account and may not use the tax proceeds for any purpose
other than payment to the city.
(Ordinance 07-08-14-D, sec. 2 (11.204),
adopted 8/14/07; Ordinance
24 adopted 3/24/09)
(a) A
quarterly period under this section is based on the city's fiscal
year, with the first quarter beginning on October 1 and ending on
December 31.
(b) On
or before the last day of the month following each quarterly period,
a person required to collect the tax imposed under this division shall:
(1) File a written report with the city for that quarterly period, with
a copy of the report for state hotel occupancy taxes required by section
156.151 (Report and payment) of the Texas Tax Code for the same quarterly
period; and
(2) Pay the tax due for the quarter.
(c) A
report under this section shall be in the form prescribed by the city
and shall include:
(1) The total consideration paid for rooms subject to the tax in the
preceding quarter;
(2) The total amount of tax collected; and
(3) The total amount of tax exemptions granted.
(d) If
requested by the city, a person responsible for collecting the tax
shall provide the city with:
(1) The names, addresses, and identification relied upon to grant an
exemption from the tax; and
(2) Any other information the city may reasonably require.
(e) The
city may request, and a person required to collect the tax shall provide
within a reasonable time, additional documentation verifying the information
contained in the report to the city.
(Ordinance 07-08-14-D, sec. 2 (11.205),
adopted 8/14/07)
(a) If
a hotel owner sells a hotel, the purchaser or his assignee shall withhold
an amount of the purchase price sufficient to pay the amount of tax
due until the seller provides:
(1) A receipt issued by the city showing that the amount of tax due has
been paid; or
(2) A certificate issued by the city showing that no tax is due.
(b) A
purchaser of a hotel who fails to withhold the amount of the purchase
price as required by this section is liable for the unpaid tax required
to be withheld to the extent of the value of the purchase price.
(c) The
purchaser of a hotel may file a written request with the city for
the issuance of a certificate stating that no tax is due or for a
statement of the amount required to be paid before a certificate may
be issued. The city shall issue the certificate or statement not later
than the 60th day after the date that the city receives the request.
(d) If the city fails to issue the certificate or statement within the period provided by subsection
(c), the purchaser is released from the obligation to withhold the amount of tax from the purchase price or pay the amount of tax due.
(Ordinance 07-08-14-D, sec. 2 (11.206),
adopted 8/14/07)
(a) The
city shall have the power to make such rules and regulations as are
necessary to effectively collect the tax levied herein, and shall
upon reasonable notice have access to books and records necessary
to enable the city to determine the correctness of any report filed
as required by this division and the amount of taxes due under the
provisions of this division.
(b) Whenever
necessary to make an inspection of books and records to enforce any
of the provisions of this division, the city may enter such building
or premises at all reasonable times to inspect the books and records
or to perform any duty imposed upon the city by this division; provided
that, if such building or premises be occupied, he shall first present
proper credentials and request entry; and if such building or premises
be unoccupied, he shall first make a reasonable effort to locate the
owner or other persons having charge or control of the building or
premises and request entry. If such entry is refused, the city shall
have recourse to every remedy provided by law to secure entry.
(c) When
the city shall have first obtained a proper inspection warrant or
other remedy provided by law to secure entry, no owner or occupant
or any other persons having charge, care or control of any building
or premises shall fail or neglect, after proper request is made as
herein provided, to promptly permit entry therein by the city for
the purpose of inspection and examination pursuant to this division.
(Ordinance 07-08-14-D, sec. 2 (11.207),
adopted 8/14/07)
(a) A
person commits an offense if the person violates or fails to perform
an act required by this division, or files a report containing false
information. Each instance of a violation of this division is a separate
offense, and each day that a person remains in violation constitutes
a separate offense.
(b) An offense under this division is a class C misdemeanor, punishable as provided in section
1.01.009 (general penalty for violations of code; continuing violations).
(Ordinance 07-08-14-D, sec. 2 (11.208),
adopted 8/14/07)
(a) In
addition to the tax imposed under this division, a person shall pay
a penalty of five percent (5%) of the tax due if the person:
(1) Fails to file a report on or before the due date;
(2) Fails to pay the tax imposed on or before the due date; or
(3) Files a report containing false information.
(b) A person who fails to pay any amount of the tax and penalty due under subsection
(a) on or before the 60th day after the tax is due shall pay an additional five percent (5%) penalty on the unpaid tax. A delinquency penalty shall not be less than one dollar.
(c) Beginning
on the 61st day after the due date, delinquent taxes shall draw interest
at a rate of ten percent (10%) per annum.
(Ordinance 07-08-14-D, sec. 2 (11.209),
adopted 8/14/07)
The city may take the following actions against a person who
has failed to file a required report, failed to collect the tax imposed,
failed to pay the taxes over to the city when due, or filed a false
report:
(1) Bring
suit to collect the unpaid tax or to enjoin the person from operating
a hotel in the corporate limits or extraterritorial jurisdiction of
the city until the tax is paid or the report filed, as applicable,
as provided by the court's order; and
(2) Any
other remedy provided under state law.
(Ordinance 07-08-14-D, sec. 2 (11.210),
adopted 8/14/07)