SB 1592 seeks to modernize and clarify the application of state and local hotel occupancy taxes in Texas by explicitly addressing how taxes are collected when hotel bookings are made through third-party platforms, referred to as "accommodations intermediaries." These intermediaries—typically online travel agencies (OTAs) or platforms such as Airbnb, Expedia, and Booking.com—play a growing role in the hospitality economy, yet until now, their role in tax collection has remained inconsistently regulated across jurisdictions.
Under the proposed legislation, accommodations intermediaries would be required to collect hotel occupancy taxes on the full "booking charge" paid by the consumer for the right to occupy a hotel room. This booking charge excludes the service fees retained by the intermediary. The bill defines intermediaries as entities that facilitate rentals either by collecting payment or charging a fee to the renter or hotel. Importantly, the legislation exempts platforms that only facilitate rentals for affiliated franchisees under the same hotel brand.
The bill also shifts the responsibility for tax collection and remittance from the hotels to the intermediaries when bookings are made through such platforms. In these cases, the intermediary is treated as if it were the hotel operator for tax purposes, and the hotel itself is neither responsible for collecting the tax nor liable for it. Additionally, the Comptroller is instructed to create a standardized reporting form that intermediaries must use to submit taxes. While this form may request general information about the booking, it is restricted from requiring guest or hotel identities unless necessary for compliance with certain rebate and reporting provisions in state law.
To support compliance, the Comptroller must also make available to intermediaries a range of supporting information, including interactive maps showing tax-rebate zones, current tax rates by jurisdiction, and location-specific identifiers for qualified hotel projects. These measures aim to ensure accurate remittance and to support the continued use of hotel occupancy taxes in local economic development efforts.
The Committee Substitute for SB 1592 refines and narrows the original version of the bill, streamlining the approach to how accommodations intermediaries—such as online travel platforms—collect and remit hotel occupancy taxes. One of the most notable changes is the removal of the delayed implementation date (June 1, 2026) included in the originally filed version. This change signals a potential desire by lawmakers to implement the policy more promptly or to give the Comptroller greater flexibility in setting timelines through rulemaking rather than statute.
Another key difference lies in the treatment of administrative functions. The Committee Substitute simplifies the original bill’s structure by consolidating much of the tax collection and remittance provisions into the state-level Chapter 156 of the Tax Code. It integrates references to local tax chapters (351 and 352) without creating lengthy duplicative sections, unlike the original version, which laid out parallel and detailed instructions for municipal and county-level taxes. This reorganization not only shortens the bill but enhances clarity and reduces redundancy.
Privacy protections and administrative transparency are more robust in the substitute version. While both versions direct the Comptroller to create a standardized reporting form for intermediaries, the substitute includes clearer language prohibiting the identification of individual guests or hotel operators unless required by specific statutory provisions. Additionally, the substitute places a stronger emphasis on the Comptroller’s role in maintaining and publishing resources like tax rate lists and maps of project financing zones, enhancing the bill’s support for practical compliance and oversight.
Finally, the committee removed provisions from the original bill that would have allowed accommodations intermediaries to collect special public improvement district assessments on behalf of hotels under certain conditions. This removal signals a narrowing of focus in the substitute version, likely to ensure the bill remains centered solely on hotel occupancy tax modernization rather than expanding into adjacent fee collection mechanisms. Overall, the substitute maintains the core intent of equitable tax treatment while improving administrative functionality and narrowing scope.