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AN ACT
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relating to data matching with financial institutions to facilitate |
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the collection of certain delinquent tax liabilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 111, Tax Code, is amended |
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by adding Section 111.025 to read as follows: |
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Sec. 111.025. DELINQUENT TAXPAYER FINANCIAL RECORDS. (a) |
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In this section: |
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(1) "Account" means a demand deposit account, checking |
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or negotiable order of withdrawal account, savings account, time |
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deposit account, or money market mutual fund account. |
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(2) "Account owner record" means a record a financial |
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institution uses to report account owner information, including: |
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(A) an account holder's name, social security |
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number, or federal employer identification number; and |
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(B) the account balance and account type. |
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(3) "Delinquent taxpayer" means a person who at the |
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time of a data match request under Subsection (b) is delinquent in a |
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tax or fee administered by the comptroller. |
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(4) "Financial institution" means: |
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(A) a depository institution, as defined by |
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Section 3(c), Federal Deposit Insurance Act (12 U.S.C. Section |
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1813(c)); |
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(B) a federal credit union or state credit union, |
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as those terms are defined by Section 101, Federal Credit Union Act |
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(12 U.S.C. Section 1752); or |
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(C) the agent of an entity described by Paragraph |
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(A) or (B). |
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(5) "Inquiry file" means an electronic file sent by |
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the comptroller or the comptroller's agent to a financial |
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institution that contains a record of delinquent taxpayers. |
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(b) A financial institution shall, each calendar quarter, |
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exchange data with the comptroller or the comptroller's agent to |
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facilitate matching the names of delinquent taxpayers with the |
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names of account holders using one of the following methods: |
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(1) an all accounts method in which: |
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(A) the financial institution submits to the |
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comptroller or the comptroller's agent an electronic file listing |
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all of the financial institution's open accounts and account owner |
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records; and |
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(B) the comptroller or the comptroller's agent |
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compares that information with the comptroller's records of |
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delinquent taxpayers; or |
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(2) a matched accounts method in which the financial |
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institution submits to the comptroller or the comptroller's agent |
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an electronic file listing all account owner records that match |
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information in an inquiry file. |
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(c) The comptroller shall make a data match request under |
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Subsection (b) compatible with the data processing system of the |
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financial institution. |
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(d) The comptroller may not request a financial institution |
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to perform a data match under this section more than once each |
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calendar quarter. |
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(e) A financial institution may not notify account holders |
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that the comptroller has requested a data match or whether a data |
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match has been made. |
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(f) Information provided by or to a financial institution, |
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the comptroller, or the comptroller's agent for the purpose of |
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performing a data match is confidential and may not be used for any |
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purpose or disclosed to any person except as necessary to perform a |
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data match. The financial institution, the comptroller, and the |
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comptroller's agent shall return, destroy, or erase any information |
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obtained after completion of the data match. |
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(g) A financial institution is not liable to any person for |
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disclosing information to the comptroller under this section or for |
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any other action that the financial institution takes in good faith |
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to comply with this section. |
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(h) The comptroller may contract with a third party to |
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facilitate the implementation of this section. A third-party |
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contractor may use confidential information solely for the purpose |
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of implementing this section. |
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(i) A suit to enforce this section must be brought by the |
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attorney general in the name of the state. Venue for the suit is in |
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Travis County. |
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(j) The comptroller may adopt rules to implement this |
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section. |
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SECTION 2. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1258 was passed by the House on April |
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16, 2021, by the following vote: Yeas 120, Nays 25, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1258 was passed by the Senate on May |
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22, 2021, by the following vote: Yeas 29, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |