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A BILL TO BE ENTITLED
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AN ACT
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relating to a refund of state taxes for a horse racing or greyhound |
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association that offers enhanced purses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 4, Texas Racing Act (Article 179e, |
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Vernon's Texas Civil Statutes), is amended by adding Section 4.07 |
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to read as follows: |
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Sec. 4.07. REFUND OF TAXES FOR ASSOCIATION OFFERING |
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ENHANCED PURSES. (a) In this section, "purse enhancement" means |
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the amount in any calendar year by which the total amount of all |
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purses offered by an association exceeds the total amount of all |
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purses offered by the association in 2014. |
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(b) Subject to the limitations and conditions prescribed by |
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this section, an association is eligible for a refund of the |
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following taxes paid to this state: |
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(1) sales and use taxes imposed under Chapter 151, Tax |
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Code; |
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(2) franchise taxes imposed under Chapter 171, Tax |
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Code; |
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(3) mixed beverage taxes imposed under Chapter 183, |
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Tax Code; and |
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(4) the state's portion of the simulcast pari-mutual |
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pool under Sections 6.091(a)(1) and (2) of this Act. |
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(c) The amount of the refund is equal to the lesser of the |
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purse enhancement offered by the association during the preceding |
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calendar year or the total amount of the taxes described by |
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Subsection (b) of this section paid to this state by the association |
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during that year. |
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(d) Before claiming a refund under this section, the |
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association must make a written request to the commission for |
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certification of the purse enhancement offered by the association |
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during the preceding calendar year. The commission shall issue the |
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certification not later than the 30th day after the date the |
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commission receives the request from the association. |
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(e) An association must apply to the comptroller for a |
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refund under this section on a form prescribed by the comptroller. |
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The association must include in the application the certification |
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received from the commission under Subsection (d) of this section. |
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(f) The comptroller shall issue a refund under this section |
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to an eligible association not later than the 90th day after the |
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date the comptroller receives the application for the refund. |
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SECTION 2. This Act applies only to purses offered by a |
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person licensed under the Texas Racing Act (Article 179e, Vernon's |
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Texas Civil Statutes), on or after January 1, 2015, and taxes paid |
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to the state by that person on or after January 1, 2015. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |