By:  Thompson, G.                                      H.B. No. 926
       73R4500 DAK-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the imposition, collection, administration, and civil
    1-3  and criminal enforcement of a tax on the income of certain resident
    1-4  and nonresident individuals, trusts and estates, and partnerships.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Title 2, Tax Code, is amended by adding Subtitle
    1-7  L to read as follows:
    1-8                   SUBTITLE L.  PERSONAL INCOME TAX
    1-9                   CHAPTER 261.  PERSONAL INCOME TAX
   1-10                   SUBCHAPTER A.  IMPOSITION OF TAX
   1-11        Sec. 261.001.  Tax Imposed.  (a)  A tax is imposed for each
   1-12  tax year:
   1-13              (1)  on the taxable income of every resident of this
   1-14  state; and
   1-15              (2)  on the taxable income derived from sources in this
   1-16  state of every nonresident.
   1-17        (b)  The rate of the tax is determined according to the
   1-18  following table:
   1-19  If taxable income is:                  The amount of tax is:
   1-20  Not over $50,000                       0
   1-21  Over $50,000 but not over $65,000      three percent of the amount
   1-22                                         over $50,000
   1-23  Over $65,000 but not over $80,000      $450 plus 3.5 percent of the
   1-24                                         amount over $65,000
    2-1  Over $80,000 but not over $100,000     $975 plus four percent of
    2-2                                         the amount over $80,000
    2-3  Over $100,000 but not over $200,000    $1,775 plus 4.5 percent of
    2-4                                         the amount over $100,000
    2-5  Over $200,000                          $6,275 plus five percent of
    2-6                                         the amount over $200,000
    2-7        Sec. 261.002.  Joint Return or Return of surviving Spouse.
    2-8  If a husband and wife file a joint return, the tax imposed by
    2-9  Section 261.001 is twice the tax that would be imposed if the
   2-10  taxable income were divided by two.
   2-11        Sec. 261.003.  Meaning of Terms.  (a)  In this chapter:
   2-12              (1)  An individual is a resident of this state if the
   2-13  individual:
   2-14                    (A)  is domiciled in this state unless the
   2-15  individual does not maintain a permanent place of abode in this
   2-16  state and does maintain a permanent place of abode elsewhere and
   2-17  spends, in the aggregate, not more than 30 days of the tax year in
   2-18  this state; or
   2-19                    (B)  is not domiciled in this state but maintains
   2-20  a permanent place of abode in this state and spends, in the
   2-21  aggregate, more than 183 days of the tax year in this state.
   2-22              (2)  An individual is a nonresident if the individual
   2-23  is not a resident of this state.
   2-24        (b)  Any term used in this chapter and not defined by or for
   2-25  purposes of this chapter has the same meaning as when used in a
   2-26  comparable context in the laws of the United States relating to
   2-27  federal income taxes, unless a different meaning is clearly
    3-1  required.  Any reference in this chapter to federal law means the
    3-2  provisions of the Internal Revenue Code of 1986 in effect on
    3-3  December 31, 1993, and other provisions of federal laws relating to
    3-4  federal income taxes in effect on December 31, 1993.
    3-5           (Sections 261.004-261.050 reserved for expansion
    3-6             SUBCHAPTER B.  COMPUTATION OF TAXABLE INCOME
    3-7        Sec. 261.051.  Taxable Income.  The taxable income of a
    3-8  resident of this state is the resident's federal adjusted gross
    3-9  income as defined by the federal law.
   3-10        Sec. 261.052.  Credit for Income Tax Paid to Another State.
   3-11  (a)  A resident individual is allowed a credit against the tax
   3-12  otherwise due under this chapter for the amount of any income tax
   3-13  imposed on the individual for the tax year by another state of the
   3-14  United States on income that is derived from sources in that state
   3-15  and that is subject to tax under this chapter.
   3-16        (b)  The credit provided by this section may not exceed the
   3-17  proportion of the tax otherwise due under this chapter that the
   3-18  amount of the taxpayer's adjusted gross income derived from sources
   3-19  in the other taxing jurisdiction bears to the taxpayer's entire
   3-20  adjusted gross income as modified by this subchapter.
   3-21        Sec. 261.053.  Dual Residence; Reduction of Tax.  If a
   3-22  taxpayer is a resident of this state and is regarded as a resident
   3-23  of another jurisdiction for purposes of personal income taxation,
   3-24  the comptroller shall reduce the tax on that portion of the
   3-25  taxpayer's income that is subject to tax in both jurisdictions
   3-26  solely by virtue of dual residence.  The reduction shall be in an
   3-27  amount equal to that portion of the lower of the two taxes
    4-1  applicable to the income taxed twice that the tax imposed by this
    4-2  state bears to the combined taxes of the two jurisdictions on the
    4-3  income taxed twice.
    4-4        Sec. 261.054.  Nonresident Individuals--Taxable Income.  The
    4-5  taxable income of a nonresident individual is that part of the
    4-6  individual's federal adjusted gross income derived from sources in
    4-7  this state determined under Section 261.056.
    4-8        Sec. 261.055.  Husband and Wife--Nonresident.  (a)  If the
    4-9  federal taxable income of a husband and wife, both of whom are
   4-10  nonresidents of this state, is determined on separate federal
   4-11  returns, their taxable incomes in this state shall be separately
   4-12  determined.
   4-13        (b)  If the federal taxable income of a husband and wife,
   4-14  both of whom are nonresidents, is determined on a joint federal
   4-15  return, their tax shall be determined in this state on their
   4-16  combined taxable income.
   4-17        (c)  If one spouse is a nonresident and the other a resident,
   4-18  separate taxes shall be determined on their separate taxable
   4-19  incomes in this state on forms prescribed by the comptroller unless
   4-20  both elect to determine their combined taxable income in this state
   4-21  as if both were residents.  If a husband and wife file a joint
   4-22  federal income tax return but determine their taxable income in
   4-23  this state separately, they must compute their taxable incomes in
   4-24  this state as if their federal adjusted gross incomes had been
   4-25  determined separately.
   4-26        Sec. 261.056.  Adjusted Gross Income From Sources in This
   4-27  State--Nonresident.  (a)  The adjusted gross income of a
    5-1  nonresident derived from sources in this state is the net amount of
    5-2  items of income, gain, loss, and deduction entering into the
    5-3  nonresident's federal adjusted gross income that are derived from
    5-4  or connected with sources in this state including:
    5-5              (1)  the nonresident's distributive share of
    5-6  partnership income and deductions determined under Section 261.403;
    5-7  and
    5-8              (2)  the nonresident's share of estate or trust income
    5-9  and deductions derived from sources in this state.
   5-10        (b)  Items of income, gain, loss, and deduction derived from
   5-11  or connected with sources in this state are those items
   5-12  attributable to:
   5-13              (1)  the ownership or disposition of an interest in
   5-14  real or tangible personal property in this state; and
   5-15              (2)  a business, trade, profession, or occupation
   5-16  conducted in this state.
   5-17        (c)  Income from intangible personal property including
   5-18  annuities, dividends, interest, and gains from the disposition of
   5-19  intangible personal property, constitutes income derived from
   5-20  sources in this state only to the extent that the income is from
   5-21  property used in a business, trade, profession, or occupation
   5-22  carried on in this state.
   5-23        (d)  Deductions for capital losses, net long-term capital
   5-24  gains, and net operating losses derived from or connected with
   5-25  sources in this state, are determined in the same manner as the
   5-26  corresponding federal deductions.  However, the extent to which the
   5-27  deductions are derived from or connected with sources in this state
    6-1  is determined under the comptroller's rules.
    6-2        (e)  For a nonresident individual who is a shareholder of a
    6-3  corporation that is an electing small business corporation for
    6-4  federal income tax purposes, the undistributed taxable income of
    6-5  the corporation does not constitute income derived from sources in
    6-6  this state and a net operating loss of the corporation does not
    6-7  constitute a loss or deduction connected with sources in this
    6-8  state.
    6-9        (f)  If a business, trade, profession, or occupation is
   6-10  carried on partly in and partly outside this state, the items of
   6-11  income and deduction derived from or connected with sources in this
   6-12  state are determined by apportionment and allocation consistent
   6-13  with Chapter 141 under the comptroller's rules.
   6-14        (g)  Compensation paid by the United States for service in
   6-15  the armed forces of the United States performed by a nonresident is
   6-16  not income derived from sources in this state.
   6-17           (Sections 261.057-261.100 reserved for expansion
   6-18                    SUBCHAPTER C.  WITHHOLDING TAX
   6-19        Sec. 261.101.  Employer to Withhold Tax From Wages.  (a)
   6-20  Each employer maintaining an office or doing business in this state
   6-21  and making payment of wages taxable under this chapter to a
   6-22  resident or nonresident individual shall withhold from those wages
   6-23  for each payroll period a tax computed in a manner as to result, so
   6-24  far as practicable, in withholding from the employee's wages during
   6-25  each calendar year an amount equivalent to the amount of tax
   6-26  reasonably estimated to be due from the employee under this chapter
   6-27  from the amount of the wages paid by the employer and included in
    7-1  the employee's adjusted gross income during the calendar year.  The
    7-2  method of determining the amount to be withheld shall be prescribed
    7-3  by the comptroller's rules.  Payments by the United States for
    7-4  service in the armed forces of the United States are not subject to
    7-5  state withholding.
    7-6        (b)  The comptroller may enter into agreements with the tax
    7-7  departments of other states that require income tax to be withheld
    7-8  from the payment of wages and salaries to govern the amounts to be
    7-9  withheld from the wages and salaries of residents of those states
   7-10  under this chapter.  The agreements may provide for recognition of
   7-11  anticipated tax credits in determining the amounts to be withheld,
   7-12  and the comptroller, by rule, may relieve employers in this state
   7-13  from withholding income tax on wages and salaries paid to
   7-14  nonresident employees.  An agreement authorized by this section is
   7-15  subject to the condition that the tax department of the other state
   7-16  grants similar treatment to residents of this state.
   7-17        Sec. 261.102.  Information Statement for Employee.  An
   7-18  employer required to withhold the tax under Section 261.101 from
   7-19  the wages of an employee shall furnish to each employee from whom
   7-20  the employer withheld the tax during the calendar year a written
   7-21  statement as prescribed by rule showing the amount of wages paid by
   7-22  the employer to the employee, the amount deducted and withheld as
   7-23  tax, and other information the comptroller prescribes.  The
   7-24  withholding statement shall be given to the employee from whom the
   7-25  tax is withheld on or before February 15 of the year succeeding the
   7-26  calendar year in which the withholding occurs or, if the employee's
   7-27  employment ends during the calendar year, before the 31st day after
    8-1  the last day on which wages are paid to the employee.
    8-2        Sec. 261.103.  Credit for Tax Withheld.  Wages on which the
    8-3  withholding tax applies are included fully as taxable income under
    8-4  this chapter as if no withholding were required.  The amount of
    8-5  withholding tax actually withheld under this subchapter in a
    8-6  calendar year is considered to have been paid to the comptroller on
    8-7  behalf of the person from whom withheld, and the person shall be
    8-8  credited  with having paid that amount of tax for the tax year in
    8-9  which the wages are taxed.  For a tax year of less than 12 months,
   8-10  the credit shall be made under rules of the comptroller.
   8-11        Sec. 261.104.  Employer's Return and Payment of Tax Withheld.
   8-12  (a)  An employer required to deduct and withhold tax under this
   8-13  chapter shall, for each calendar quarter,  on or before the 15th
   8-14  day of the month following the end of the calendar quarter, file a
   8-15  withholding return as prescribed by the comptroller and pay to the
   8-16  comptroller or to a depository designated by the comptroller, the
   8-17  taxes required to be withheld, except that for the fourth quarter
   8-18  of the calendar year, the return shall be filed and the taxes paid
   8-19  on or before January 31 of the succeeding year.  If the amount
   8-20  required to be withheld by an employer for a calendar month exceeds
   8-21  $500, the employer shall not later than the 15th day of the
   8-22  succeeding month pay the withheld amount to the comptroller or to a
   8-23  depository designated by the comptroller.  The amount paid is
   8-24  allowed as a credit against the liability shown on the employer's
   8-25  quarterly withholding return required by this section.  If the
   8-26  amount required to be deducted and withheld by an employer is less
   8-27  than $100 in a calendar quarter, the comptroller by rule may permit
    9-1  an employer to file a withholding return on or before July 31 for
    9-2  the semiannual period ending on June 30 and on or before January 31
    9-3  of the succeeding year for the semiannual period ending on December
    9-4  31.  The comptroller may, if it is necessary for the protection of
    9-5  the revenue, require an employer to make a return and pay to the
    9-6  comptroller the tax withheld at any time.  If the amount of wages
    9-7  paid by an employer is not sufficient under this chapter to require
    9-8  the withholding of tax from the wages of any of the employer's
    9-9  employees, the comptroller by rule may permit the employer to file
   9-10  an annual return on or before January 31 of the succeeding calendar
   9-11  year.
   9-12        (b)  If an employer fails to collect the tax, truthfully
   9-13  account for the tax, pay the tax, or make returns of the tax as
   9-14  required by this section, the comptroller may serve a notice
   9-15  requiring the employer to collect the taxes that became collectible
   9-16  after service of notice, to deposit the taxes in a bank approved by
   9-17  the comptroller, in a separate account, in trust for and payable to
   9-18  the comptroller, and to keep the amount of the tax in the account
   9-19  until paid over to the comptroller.  A notice remains in effect
   9-20  until a notice of cancellation is served by the comptroller.
   9-21        Sec. 261.105.  Employer's Liability for Withheld Taxes.  An
   9-22  employer required to withhold a tax under this chapter is liable
   9-23  for the tax.  For purposes of assessment and collection, any amount
   9-24  required to be withheld and paid to the comptroller, and any
   9-25  additions to tax, penalties, and interest with respect to it, is
   9-26  the tax of the employer.  Any amount of tax actually deducted and
   9-27  withheld under this chapter shall be held to be a special fund in
   10-1  trust for the comptroller.  An employee does not have a right of
   10-2  action against his employer in respect to money withheld from the
   10-3  employee's wages and paid over to the comptroller in compliance or
   10-4  in intended compliance with this chapter.
   10-5        Sec. 261.106.  Employer's Failure to Withhold.  If an
   10-6  employer fails to withhold tax as required, and thereafter the tax
   10-7  against which that tax may be credited is paid, the tax so required
   10-8  to be withheld may not be collected from the employer, but the
   10-9  employer is liable for additions to tax penalties or interest
  10-10  otherwise applicable resulting from a failure to withhold.
  10-11           (Sections 261.107-261.200 reserved for expansion
  10-12             SUBCHAPTER D.  ACCOUNTING PERIODS AND METHODS
  10-13        Sec. 261.201.  Period for Computation of Taxable Income.  (a)
  10-14  For purposes of the tax imposed by this chapter, a taxpayer's tax
  10-15  year is the same as the taxpayer's tax year for federal income tax
  10-16  purposes.
  10-17        (b)  If a taxpayer's tax year is changed for federal income
  10-18  tax purposes, the taxpayer's tax year for purposes of the tax
  10-19  imposed by this chapter shall be similarly changed.
  10-20        Sec. 261.202.  Methods of Accounting.  (a)  A taxpayer's
  10-21  method of accounting is the same as the taxpayer's method of
  10-22  accounting for federal income tax purposes.  If a single method of
  10-23  accounting has not been regularly used by the taxpayer, taxable
  10-24  income for purposes of this chapter shall be computed under any
  10-25  method that in the opinion of the comptroller fairly reflects
  10-26  income.
  10-27        (b)  If a taxpayer's method of accounting is changed for
   11-1  federal income tax purposes, the taxpayer's method of accounting
   11-2  for purposes of this chapter is changed in the same manner.
   11-3        Sec. 261.203.  Adjustments.  In computing a taxpayer's
   11-4  taxable income for any tax year under a method of accounting
   11-5  different from the method under which the taxpayer's taxable income
   11-6  for the previous year was computed, there shall be taken into
   11-7  account those adjustments that are determined, under rules
   11-8  prescribed by the comptroller, to be necessary solely by reason of
   11-9  the change in order to prevent amounts from being duplicated or
  11-10  omitted.
  11-11        Sec. 261.204.  Limitation on Additional Tax.  (a)  If a
  11-12  taxpayer's method of accounting is changed, other than from an
  11-13  accrual to an installment method, an additional tax that results
  11-14  from adjustments determined to be necessary solely because of the
  11-15  change may not be greater than if those adjustments were ratably
  11-16  allocated and included for the tax year of the change and not more
  11-17  than two preceding tax years during which the taxpayer used the
  11-18  method of accounting from which the change is made.
  11-19        (b)  If a taxpayer's method of accounting is changed from an
  11-20  accrual to an installment method, an additional tax for the year of
  11-21  the change of method and for a subsequent year that is attributable
  11-22  to the receipt of installment payments properly accrued in a prior
  11-23  year shall be reduced by the portion of tax for any prior tax year
  11-24  attributable to the accrual of the installment payments, under
  11-25  rules adopted by the comptroller.
  11-26           (Sections 261.205-261.400 reserved for expansion
  11-27               SUBCHAPTER E.  PARTNERS AND PARTNERSHIPS
   12-1        Sec. 261.401.  Entity Not Taxable.  A partnership as an
   12-2  entity is not subject to the tax imposed by this chapter.  Persons
   12-3  carrying on business as partners are liable for the tax imposed by
   12-4  this chapter only in their separate or individual capacities.
   12-5        Sec. 261.402.  Resident Partner--Adjusted Gross Income.  (a)
   12-6  Partnership income, gain, loss, or deduction shall be allocated in
   12-7  accordance with each partner's distributive share for federal
   12-8  income tax purposes.
   12-9        (b)  Each item of partnership income, gain, loss, or
  12-10  deduction has the same character for a partner under this chapter
  12-11  as it has for federal income tax purposes.  If an item is not
  12-12  characterized for federal income tax purposes, it has the same
  12-13  character for a partner as if realized directly from the source
  12-14  from which realized by the partnership or incurred in the same
  12-15  manner as incurred by the partnership.
  12-16        (c)  If a partner's distributive share of an item of
  12-17  partnership income, gain, loss, or deduction is determined for
  12-18  federal income tax purposes by a special provision in the
  12-19  partnership agreement with respect to the item, and the principal
  12-20  purpose of the provision is the avoidance or evasion of tax under
  12-21  this chapter, the partner's distributive share of the item and a
  12-22  modification required with respect to it is determined in
  12-23  accordance with the partner's distributive share of the taxable
  12-24  income or loss of the partnership generally, excluding those items
  12-25  requiring separate computation under Section 702 of the Internal
  12-26  Revenue Code of 1986.
  12-27        Sec. 261.403.  Nonresident Partner--Adjusted Gross Income
   13-1  From Sources in This State.  (a)  In determining the adjusted gross
   13-2  income of a nonresident partner of any partnership, there shall be
   13-3  included only that part derived from or connected with sources in
   13-4  this state of the partner's distributive share of items of
   13-5  partnership income, gain, loss, and deduction entering into the
   13-6  partner's federal adjusted gross income, as that part is determined
   13-7  under rules adopted by the comptroller and consistent with the
   13-8  rules under Section 261.056.
   13-9        (b)  Except as authorized in Subsection (c), in determining
  13-10  the sources of a nonresident partner's income, no effect is given
  13-11  to a provision in the partnership agreement that:
  13-12              (1)  characterizes payments to the partner as being for
  13-13  services or for the use of capital, or allocated to the partner, as
  13-14  income or gain from sources outside this state, a greater
  13-15  proportion of his distributive share of partnership income or gain
  13-16  than the ratio of partnership income or gain from sources outside
  13-17  this state to partnership income or gain from all sources; or
  13-18              (2)  allocates to the partner a greater proportion of a
  13-19  partnership item of loss or deduction connected with sources in
  13-20  this state than the partner's proportionate share, for federal
  13-21  income tax purposes, of partnership loss or deduction generally.
  13-22        (c)  The comptroller may, on application, authorize the use
  13-23  of other methods of determining a nonresident partner's portion of
  13-24  partnership items derived from or connected with sources in this
  13-25  state, and the modifications related to it, that are appropriate
  13-26  and equitable, on terms and conditions the comptroller may require.
  13-27        (d)  A nonresident partner's distributive share of items of
   14-1  income, gain, loss, or deduction is determined under Section
   14-2  261.402(a).  The character of partnership items for a nonresident
   14-3  partner is determined under Section 261.402(b).  The effect of a
   14-4  special provision in a partnership agreement, other than a
   14-5  provision referred to in Subsection (b), having as a principal
   14-6  purpose the avoidance or evasion of tax under this chapter is
   14-7  determined under Section 261.402(c).
   14-8           (Sections 261.404-261.500 reserved for expansion
   14-9                SUBCHAPTER F.  TAX RETURNS AND PAYMENTS
  14-10        Sec. 261.501.  Persons Required to Make Returns of Income.  A
  14-11  state income tax return shall be made by every individual who has
  14-12  adjusted gross income from sources in this state of more than
  14-13  $40,000.
  14-14        Sec. 261.502.  Joint Returns By Husband and Wife.  (a)  A
  14-15  husband and wife may make a joint state income tax return even
  14-16  though one of the spouses has no gross income or deductions except
  14-17  that:
  14-18              (1)  a joint return may not be made if the spouses are
  14-19  not permitted to file a joint federal income tax return;
  14-20              (2)  if the federal income tax liability of either
  14-21  spouse is determined on a separate federal return, their income tax
  14-22  liabilities under this chapter shall be determined on separate
  14-23  returns;
  14-24              (3)  if the federal income tax liabilities of husband
  14-25  and wife, other than a husband and wife described in Subsection
  14-26  (b), are determined on a joint federal return, the husband and wife
  14-27  shall file a joint return under this chapter and their tax
   15-1  liabilities are joint and several; and
   15-2              (4)  if neither spouse is required to file a federal
   15-3  income tax return and either or both are required to file an income
   15-4  tax return under this chapter, they may elect to file separate
   15-5  returns or a joint return, and according to their election, their
   15-6  liabilities are separate or joint and several.
   15-7        (b)  If either husband or wife is a resident and the other is
   15-8  a nonresident, they shall file on forms required by the comptroller
   15-9  separate income tax returns in this state if either spouse has
  15-10  income that is not community property, and in that case their tax
  15-11  liabilities are separate; but they may elect to determine their
  15-12  joint taxable income as if both were residents, and in that case
  15-13  their liabilities are joint and several.
  15-14        Sec. 261.503.  Returns by Fiduciaries.  (a)  An income tax
  15-15  return for a deceased individual shall be made and filed by the
  15-16  executor, administrator, or other person charged with the care of
  15-17  the property of the decedent.  A final return of a decedent is due
  15-18  when it would have been due if the decedent had not died.
  15-19        (b)  An income tax return for an individual who is unable to
  15-20  make a return because of minority or other disability shall be made
  15-21  and filed by the individual's duly authorized agent, guardian,
  15-22  conservator, fiduciary, or other person charged with the care of
  15-23  the individual or the individual's property other than a receiver
  15-24  in possession of only a part of the individual's property.
  15-25        (c)  If two or more fiduciaries are acting jointly, the
  15-26  return may be made by any one of them.
  15-27        Sec. 261.504.  Notice of Qualification as Receiver.  A
   16-1  receiver, trustee in bankruptcy, assignee for benefit of creditors,
   16-2  or other similar fiduciary shall give notice of his or her
   16-3  qualification to the comptroller, as may be required by rule.
   16-4        Sec. 261.505.  Change of Status as Resident or Nonresident
   16-5  During Year.  (a)  If the status of an individual changes during
   16-6  the individual's tax year from resident to nonresident or from
   16-7  nonresident to resident, the comptroller by rule may require the
   16-8  individual to file one return for the portion of the year during
   16-9  which the individual is a resident and one for the portion of the
  16-10  year during which the individual is a nonresident.
  16-11        (b)  Except as provided in Subsection (c), the taxable income
  16-12  of an individual is determined as provided in Section 261.051 for
  16-13  residents and Section 261.054 for nonresidents as if the
  16-14  individual's tax year for federal income tax purposes were limited
  16-15  to the period of the individual's resident and nonresident status
  16-16  respectively.
  16-17        (c)  There shall be included in determining taxable income
  16-18  from sources in or outside this state, as the case may be, income,
  16-19  gain, loss, or deduction accrued prior to the change of status even
  16-20  though not otherwise includable or allowable in respect to the
  16-21  period before the change, but the taxation or deduction of items
  16-22  accrued before the change of status is not affected by the change.
  16-23        (d)  If two returns are required to be filed under this
  16-24  section, the total of the taxes due may not be less than would be
  16-25  due if the total of the taxable incomes reported on the two returns
  16-26  were includable in one return.
  16-27        Sec. 261.506.  Time and Place for Filing Returns and Paying
   17-1  Tax.  The income tax return required by this chapter shall be filed
   17-2  not later than the 15th day of the fourth month following the end
   17-3  of the taxpayer's tax year.   A person required to make and file a
   17-4  return under this chapter shall pay a tax due to the comptroller
   17-5  not later than the last day that the filing of the return is
   17-6  allowed without penalty, excluding an extension of time for filing
   17-7  the return.  The comptroller by rule shall prescribe the place for
   17-8  filing a return, statement, or other document required by this
   17-9  chapter and for the payment of a tax.
  17-10        Sec. 261.507.  ESTIMATED TAX.  (a)  An individual subject to
  17-11  the income tax imposed by this chapter shall make estimated
  17-12  payments of the tax.  The provisions of Section 6654, Internal
  17-13  Revenue Code of 1986, other than Subsections (a), (b), (d)(2), and
  17-14  (e) of that section, governing the payment of estimated federal
  17-15  income taxes on individuals apply to the payments required by this
  17-16  section, including exemptions from the estimated tax payment
  17-17  requirement.  A reference in that section to the federal income tax
  17-18  imposed on individuals is construed as a reference to the tax
  17-19  imposed by this chapter as required to administer this section.  A
  17-20  power or duty given by Section 6654 to the United States secretary
  17-21  of the treasury is assigned to the comptroller for purposes of the
  17-22  estimated payments required by this section.
  17-23        (b)  The comptroller shall adopt rules for the administration
  17-24  of this section.
  17-25        (c)  Payment of the estimated tax or an installment is
  17-26  considered payment on account of the tax imposed by this chapter.
  17-27        Sec. 261.508.  Extension of Time for Filing and Payment.  (a)
   18-1  The comptroller, on terms and conditions the comptroller may
   18-2  require, may grant a reasonable extension of time for payment of
   18-3  tax or an installment, or for filing a return, statement, or other
   18-4  document required under this chapter.   Except for an extension for
   18-5  a taxpayer who is outside the United States, an extension for
   18-6  filing any return, statement, or document may not exceed six
   18-7  months.
   18-8        (b)  If the time for the payment of an amount of tax is
   18-9  extended, the comptroller may require the taxpayer to furnish a
  18-10  bond or other security in an amount not exceeding twice the amount
  18-11  of tax for which the extension of time for payment is granted, on
  18-12  terms and conditions the comptroller may require.
  18-13        Sec. 261.509.  Change of Election.  An election expressly
  18-14  authorized by this chapter may be changed as authorized by the
  18-15  comptroller or by the comptroller's rule.
  18-16        Sec. 261.510.  Signing of Returns and Other Documents.  (a)
  18-17  A return, statement, or other document required to be made or filed
  18-18  under this chapter shall be signed as provided by the comptroller.
  18-19  An individual's name signed to a return, statement, or other
  18-20  document is prima facie evidence that the individual signed the
  18-21  return, statement, or other document.
  18-22        (b)  A return, statement, or other document required of a
  18-23  partnership must be signed by at least one partner.  A partner's
  18-24  name signed to a return, statement, or other document is prima
  18-25  facie evidence that the partner is authorized to sign on behalf of
  18-26  the partnership.
  18-27        (c)  The making or filing of a return, statement, or other
   19-1  document or copy required to be made or filed under this chapter,
   19-2  including a copy of a federal return, constitutes a certification
   19-3  by the person making or filing the return, statement, or other
   19-4  document or copy that the statements contained in it are true and
   19-5  that a copy filed is a true copy.
   19-6           (Sections 261.511-261.520 reserved for expansion
   19-7                  SUBCHAPTER G.  INFORMATION RETURNS
   19-8        Sec. 261.521.  General Requirements.  The comptroller by rule
   19-9  may require the keeping of records, the content and form of returns
  19-10  and statements, and the filing of copies of federal income returns
  19-11  and determinations.  The comptroller may require a person, by rule
  19-12  or by notice served on the person, to make returns, render
  19-13  statements, or keep records, as the comptroller considers
  19-14  sufficient to show whether the person is liable under this chapter
  19-15  for tax or for the collection of tax.
  19-16        Sec. 261.522.  Partnership Return.  Each partnership having a
  19-17  resident partner or having income derived from sources in this
  19-18  state, determined in accordance with the applicable rules of
  19-19  Section 261.056 as in the case of a nonresident individual, shall
  19-20  make a return for the tax year setting forth all items of income,
  19-21  gain, loss, and deduction, and the names and addresses of the
  19-22  individuals, whether residents or nonresidents, who would be
  19-23  entitled to share in the net income if distributed and the amount
  19-24  of the distributive share of each individual, and other relevant
  19-25  information the comptroller requires by rules or instructions.  The
  19-26  return must be filed not later than the 15th day of the fourth
  19-27  month following the end of each tax year.  For purposes of this
   20-1  section, "tax year" means a year or period that would be a tax year
   20-2  of the partnership if it were subject to tax under this chapter.
   20-3        Sec. 261.523.  Information Returns.  The comptroller by rule
   20-4  may require returns of information to be made and filed not later
   20-5  than February 28 of each year by a person making payment or
   20-6  crediting in a calendar year the amount of $600 or more ($10 or
   20-7  more in the case of interest or dividends) to a person who may be
   20-8  subject to the tax imposed under this chapter.  The returns may be
   20-9  required of any person, including a lessee or mortgagor of real or
  20-10  personal property, a fiduciary, an employer, and an officer or
  20-11  employee of this state, or of any municipality or other political
  20-12  subdivision of this state, having the control, receipt, custody,
  20-13  disposal, or payment of dividends, interest, rents, salaries,
  20-14  wages, premiums, annuities, compensations, remunerations,
  20-15  emoluments, or other fixed or determinable gains, profits, or
  20-16  income, except interest coupons payable to bearer.  A copy of the
  20-17  withholding statement required to be furnished by an employer to an
  20-18  employee constitutes the return of information required to be made
  20-19  under this section for wages.
  20-20        Sec. 261.524.  Report of Change in Federal Taxable Income.
  20-21  (a)  If the amount of a taxpayer's  federal taxable income reported
  20-22  on the taxpayer's federal income tax return for a tax year is
  20-23  changed or corrected by the United States Internal Revenue Service
  20-24  or other competent authority, or as the result of a renegotiation
  20-25  of a contract or subcontract with the United States, the taxpayer
  20-26  shall:
  20-27              (1)  report the change or correction in federal taxable
   21-1  income not later than the 90th day after the final determination of
   21-2  the change, correction, or renegotiation, or as required by the
   21-3  comptroller; and
   21-4              (2)  concede the accuracy of the determination or state
   21-5  in what way it is erroneous.
   21-6        (b)  A taxpayer filing an amended federal income tax return
   21-7  shall also file, not later than the 90th day after filing, an
   21-8  amended return under this chapter, and shall give any information
   21-9  required by the comptroller.
  21-10        (c)  The comptroller by rule may prescribe exceptions to the
  21-11  requirements of this section.
  21-12           (Sections 261.525-261.600 reserved for expansion
  21-13              SUBCHAPTER H.  ADDITIONS TO TAX; PENALTIES
  21-14        Sec. 261.601.  Failure to File Tax Return.  (a)  A person who
  21-15  does not file a return required under this chapter on or before the
  21-16  prescribed date is subject to the following penalty based on a
  21-17  percentage of the full amount of tax owed on the prescribed day:
  21-18              (1)  if the return is filed not later than the 30th day
  21-19  after the prescribed date, five percent;
  21-20              (2)  if the return is filed later than the 30th day
  21-21  after the prescribed date, but not later than the 60th day after
  21-22  the prescribed date, 10 percent;
  21-23              (3)  if the return is filed later than the 60th day
  21-24  after the prescribed date, but not later than the 90th day after
  21-25  the prescribed date, 15 percent;
  21-26              (4)  if the return is filed later than the 90th day
  21-27  after the prescribed date, but not later than the 120th day after
   22-1  the prescribed date, 20 percent; or
   22-2              (5)  if the return is filed later than the 120th day
   22-3  after the prescribed date, 25 percent.
   22-4        (b)  The prescribed date is determined with regard to an
   22-5  extension of time for filing.
   22-6        (c)  In determining the amount owed on the prescribed date,
   22-7  the taxpayer is entitled to credit for a portion of the tax paid on
   22-8  or before the prescribed date and other credit that may be claimed
   22-9  on the return.
  22-10        (d)  The penalty required by this section does not apply if
  22-11  the taxpayer shows that the failure to file a return was not the
  22-12  result of wilful neglect before the prescribed date or at any time
  22-13  during the delinquency and that good cause for the failure existed
  22-14  at all times before filing.
  22-15        Sec. 261.602.  Failure to File Information Return.  (a)  A
  22-16  person who does not file a statement of payment to another person
  22-17  required under the authority of this chapter or a duplicate
  22-18  statement of tax withheld on wages on or before the prescribed date
  22-19  for filing shall, after notice and demand by the comptroller, pay a
  22-20  penalty of $5 for each statement not timely filed.
  22-21        (b)  The total amount of penalties imposed under this section
  22-22  on any person during a single calendar year may not exceed $2,000.
  22-23        (c)  The prescribed date for filing is determined with regard
  22-24  to any extension of time for filing.
  22-25        (d)  The penalty required by this section is not applicable
  22-26  if the person required to file the statement shows that the failure
  22-27  to file did not result from wilful neglect and that there was good
   23-1  cause for the failure.
   23-2        Sec. 261.603.  Failure to Pay Tax.  (a)  A person who does
   23-3  not pay any amount of tax owed by the person on the prescribed date
   23-4  shall pay, in addition to all other penalties and additions, a
   23-5  penalty of 10 percent of the amount of the tax due and owing on the
   23-6  prescribed date.
   23-7        (b)  The prescribed date is determined with regard to
   23-8  extensions of time allowed by the comptroller.
   23-9        (c)  A failure to pay all or part of an estimated tax is
  23-10  considered to be an underpayment of estimated tax.  The comptroller
  23-11  by rule shall prescribe the method of determining the amount and
  23-12  period of underpayment.
  23-13        Sec. 261.604.  Failure to Pay Over Withholding Tax.  (a)  An
  23-14  employer who fails to pay the tax withheld by the employer or
  23-15  required to be withheld by the employer at the time required under
  23-16  this chapter is liable for the amount of the unpaid tax in addition
  23-17  to the amount of the penalty prescribed in Section 261.603 together
  23-18  with interest on the full amount of tax and penalty due.
  23-19        (b)  Interest and addition assessed under this section may
  23-20  not be collected from the employee by the employer.
  23-21        (c)  The comptroller has the same rights and powers for the
  23-22  collection of the tax, addition, and interest against an employer
  23-23  as are prescribed for the collection of the tax against an
  23-24  individual.
  23-25        Sec. 261.605.  Penalties and Additions Treated as Tax.  The
  23-26  penalties and additions provided by this subchapter shall be paid
  23-27  on notice and demand and shall be assessed, collected, and paid in
   24-1  the same manner as other taxes.  The comptroller may issue a
   24-2  deficiency notice for all or part of a penalty or addition along
   24-3  with or separate from the amount of tax owed in absence of
   24-4  additions or penalties.
   24-5           (Sections 261.606-261.630 reserved for expansion
   24-6                  SUBCHAPTER I.  CREDITS AND REFUNDS
   24-7        Sec. 261.631.  Credits and Refunds.  (a)  Within the
   24-8  applicable period of limitations the comptroller may credit an
   24-9  overpayment of income tax and interest on the overpayment against a
  24-10  liability of a tax imposed by the tax laws of this state on the
  24-11  person who made the overpayment, and the balance shall be refunded
  24-12  by the comptroller out of the proceeds of the tax retained by the
  24-13  comptroller.
  24-14        (b)  If the amount allowable as a credit for tax withheld
  24-15  from the taxpayer exceeds the tax to which the credit relates, the
  24-16  excess is an overpayment.
  24-17        (c)  If there has been an overpayment of tax required to be
  24-18  deducted and withheld under Section 261.101, refund shall be made
  24-19  to the employer only to the extent that the amount of the
  24-20  overpayment was not deducted and withheld by the employer.
  24-21        (d)  The comptroller may prescribe rules providing for
  24-22  crediting against the estimated tax for a tax year the amount
  24-23  determined to be an overpayment of the income tax for a preceding
  24-24  tax year.
  24-25        (e)  If an amount of income tax is assessed and collected
  24-26  after the expiration of the period of limitations properly
  24-27  applicable, the amount is an overpayment.
   25-1        Sec. 261.632.  Abatements.  (a)  The comptroller may abate
   25-2  any unpaid portion of a tax or a tax liability that is excessive in
   25-3  amount, assessed after the expiration of the applicable period of
   25-4  limitations, or erroneously or illegally assessed.
   25-5        (b)  The comptroller may abate the unpaid portion of a tax or
   25-6  a tax liability if the comptroller determines under uniform rules
   25-7  prescribed by the comptroller that the administration and
   25-8  collection costs involved would not warrant collection of the
   25-9  amount due.
  25-10        Sec. 261.633.  EXTENDED LIMITATION PERIOD.  (a)  If a
  25-11  taxpayer is required by Section 261.524 to report a change or
  25-12  correction in federal taxable income reported on a federal income
  25-13  tax return, or to report a change or correction that is treated in
  25-14  the same manner as if it were an overpayment for federal income tax
  25-15  purposes, or to file an amended return with the comptroller, a
  25-16  claim for credit or refund of a resulting overpayment of tax must
  25-17  be filed by the taxpayer not later than two years after the notice
  25-18  of the change or correction or the amended return was required to
  25-19  be filed with the comptroller.  If the report or amended return
  25-20  required by Section 261.524 is not filed within the period
  25-21  specified by that section, interest on a resulting refund or credit
  25-22  ceases to accrue after the period.  The amount of credit or refund
  25-23  may not exceed the amount of the reduction in tax attributable to
  25-24  the federal change, correction, or items amended on the taxpayer's
  25-25  amended federal income tax return.  This subsection does not affect
  25-26  the time within which or the amount for which a claim for credit or
  25-27  refund may be filed apart from this section.
   26-1        (b)  If a claim for credit or refund relates to an
   26-2  overpayment of tax on account of the deductibility by the taxpayer
   26-3  of a debt as a debt that became worthless or a loss from
   26-4  worthlessness of a security or the effect that the deductibility of
   26-5  a debt or of a loss has on the application to the taxpayer of a
   26-6  carryover, the claim may be made, under rules adopted by the
   26-7  comptroller, not later than the seventh year after the date
   26-8  prescribed by law for filing the return for the year with respect
   26-9  to which the claim is made.
  26-10        (c)  If a claim for credit or refund relates to an
  26-11  overpayment attributable to a net operating loss carryback, the
  26-12  claim may be made, under rules adopted by the comptroller, not
  26-13  later than the 15th day of the 40th month following the end of the
  26-14  tax year of the net operating loss that resulted in the carryback
  26-15  or the period prescribed by Section 111.104, whichever expires
  26-16  later.
  26-17           (Sections 261.634-261.650 reserved for expansion
  26-18          SUBCHAPTER J.  MISCELLANEOUS ENFORCEMENT PROVISIONS
  26-19        Sec. 261.651.  Taxpayer not Resident.  If notice and demand
  26-20  for the payment of a tax is given to a nonresident and it appears
  26-21  to the comptroller that it is not practicable to locate property of
  26-22  the taxpayer sufficient in amount to cover the amount of tax due,
  26-23  the comptroller may authorize the institution of any available
  26-24  action or proceeding to collect or enforce the claim in any place
  26-25  by any procedure by which a civil judgment of a court of record of
  26-26  this state could be collected or enforced.  The comptroller may
  26-27  designate agents or retain counsel outside this state for the
   27-1  purpose of collecting taxes due under this chapter and require of
   27-2  them bonds or other security for the faithful performance of their
   27-3  duties.  The comptroller may enter into agreements with the tax
   27-4  department of another state for the collection of taxes from
   27-5  persons found in this state who are delinquent in the payment of
   27-6  income taxes imposed by that state on condition that the agreeing
   27-7  state afford similar assistance in the collection of taxes from
   27-8  persons found in that state who are delinquent in the payment of
   27-9  taxes imposed by this chapter.
  27-10        Sec. 261.652.  Income Tax Claims of Other States.  The courts
  27-11  of this state shall recognize and enforce liabilities for personal
  27-12  income taxes lawfully imposed by another state that extends a like
  27-13  comity to this state, and the duly authorized officer of the other
  27-14  state may sue for the collection of personal income tax in the
  27-15  courts of this state.  A certificate by the secretary of state of
  27-16  the other state that an officer suing for the collection of the tax
  27-17  is duly authorized to collect the tax is conclusive proof of the
  27-18  officer's authority.  For the purposes of this section, "taxes"
  27-19  includes additions to tax, interest, and penalties.
  27-20        Sec. 261.653.  Order to Compel Compliance.  (a)  On
  27-21  application of the attorney general, a judge of a court of
  27-22  appropriate jurisdiction for the county in which a taxpayer or
  27-23  other person who intentionally or knowingly refuses to file a tax
  27-24  return required by this chapter may, by order, direct the person to
  27-25  file the return.  A person who fails or refuses to obey the order
  27-26  is guilty of contempt of court.
  27-27        (b)  If any person intentionally or knowingly refuses to make
   28-1  available any books, papers, records, or memorandums for
   28-2  examination by the comptroller or wilfully refuses to attend and
   28-3  testify, pursuant to the powers conferred on the comptroller by
   28-4  Chapter 111, on application of the comptroller, a judge in the
   28-5  court of appropriate jurisdiction for the county where the person
   28-6  resides may by order direct the person to comply with the
   28-7  comptroller's request for books, papers, records, or memorandums or
   28-8  for the person's attendance and testimony.  If the books, papers,
   28-9  records, or memorandums required by the comptroller are in the
  28-10  custody of a corporation, the order of the court may be directed to
  28-11  any principal officer of the corporation.  A person who fails or
  28-12  refuses to obey the order is guilty of contempt of court.
  28-13        Sec. 261.654.  Transferees.  (a)  The liability, at law or in
  28-14  equity, of a transferee of property of a taxpayer for any tax,
  28-15  addition to tax, penalty, or interest due under this chapter, is
  28-16  assessed, paid, and collected in the same manner and subject to the
  28-17  same provisions and limitations as in the case of the tax to which
  28-18  the liability relates except as otherwise provided in this section.
  28-19  "Transferee" includes an heir or a recipient of a donation, legacy,
  28-20  devise, or distribution.
  28-21        (b)  The period of limitation for assessment of liability of
  28-22  a transferee is:
  28-23              (1)  one year after the expiration of the period of
  28-24  limitation against the initial transferor if the transferee is the
  28-25  initial transferee;
  28-26              (2)  one year after the expiration of the period of
  28-27  limitation against the preceding transferee, but not more than
   29-1  three years after the expiration of the period of limitation for
   29-2  assessment against the initial transferor if the transferee is not
   29-3  the initial transferee; or
   29-4              (3)  notwithstanding Subdivisions (1) and (2), if
   29-5  before the expiration of the period of limitation under Subdivision
   29-6  (1) or (2) a proceeding for the collection of the liability has
   29-7  been begun against the initial transferor or the last preceding
   29-8  transferee, respectively, one year after the proceeding is
   29-9  terminated.
  29-10        (c)  If, before the expiration of the period of limitation
  29-11  applicable to a transferee, the comptroller and the transferee
  29-12  consent in writing to an assessment after that time, the liability
  29-13  may be assessed at any time before the expiration of the agreed
  29-14  period.  The period of limitation on credit or refund to the
  29-15  transferee of overpayments of tax made by the transferee or of
  29-16  overpayments of tax made by the transferor of which the transferee
  29-17  is legally entitled to credit or refund is extended by an agreement
  29-18  under this subsection and any extension of the agreement.
  29-19        (d)  If a person dies, the period of limitation for
  29-20  assessment against that person is the period that would be in
  29-21  effect had death not occurred.
  29-22        Sec. 261.655.  Jeopardy Determinations.  (a)  If the
  29-23  comptroller issues a jeopardy determination for a tax for a current
  29-24  period, the comptroller shall terminate the tax period of the
  29-25  taxpayer immediately, and the notice and demand for a return and
  29-26  immediate payment of the tax shall apply to the terminated period
  29-27  and to income accrued and deductions incurred on or before
   30-1  termination date if not otherwise properly includable or deductible
   30-2  for the period.
   30-3        (b)  The comptroller may abate the jeopardy determination if
   30-4  he finds that jeopardy does not exist.
   30-5        Sec. 261.656.  Bankruptcy or Receivership.  (a)  On the
   30-6  adjudication of bankruptcy of any taxpayer in any bankruptcy
   30-7  proceeding or the appointment of a receiver for any taxpayer in any
   30-8  receivership proceeding before any court of the United States or
   30-9  any state or territory, any deficiency, together with additions to
  30-10  tax and interest provided by law, determined by the comptroller may
  30-11  be immediately assessed.
  30-12        (b)  Claims for the deficiency and additions to tax and
  30-13  interest may be presented, for adjudication in accordance with law,
  30-14  to the court before which the bankruptcy or receivership proceeding
  30-15  is pending, despite the pendency of a protest before the
  30-16  comptroller under Section 261.603.  A protest against a proposed
  30-17  assessment may not be filed with the comptroller after the
  30-18  adjudication of bankruptcy or appointment of the receiver.
  30-19        Sec. 261.657.  EVIDENCE OF RELATED FEDERAL DETERMINATION.
  30-20  Evidence of a federal determination relating to issues raised in a
  30-21  proceeding under Section 261.603 is admissible in an administrative
  30-22  or judicial proceeding relating to taxes imposed by this chapter.
  30-23           (Sections 261.658-261.670 reserved for expansion
  30-24                        SUBCHAPTER K.  OFFENSES
  30-25        Sec. 261.671.  Attempt to Evade or Defeat Tax.  (a)  A person
  30-26  commits an offense if the person intentionally or knowingly
  30-27  attempts in any manner to evade or defeat a tax imposed by this
   31-1  chapter or the payment of tax imposed by this chapter.
   31-2        (b)  An offense under this section is a felony of the third
   31-3  degree.
   31-4        Sec. 261.672.  Failure to Collect or Pay Over.  (a)  A person
   31-5  commits an offense if the person is required under this chapter to
   31-6  collect, truthfully account for, and pay over a tax imposed by this
   31-7  chapter and the person intentionally or knowingly fails to collect
   31-8  or truthfully account for and pay over the tax.
   31-9        (b)  An offense under this section is a felony of the third
  31-10  degree.
  31-11        Sec. 261.673.  Failure to File Return, Supply Information, or
  31-12  Pay Tax.  (a)  A person commits an offense if the person is
  31-13  required under this chapter to pay a tax, or required by this
  31-14  chapter or rule adopted under this chapter to make a return, to
  31-15  keep records, or to supply information, and the person
  31-16  intentionally or knowingly fails to pay the tax, make the return,
  31-17  keep the records, or supply the information, at the time or times
  31-18  required by law.
  31-19        (b)  An offense under this section is a Class A misdemeanor.
  31-20           (Sections 261.674-261.680 reserved for expansion
  31-21                 SUBCHAPTER L.  POWERS OF COMPTROLLER
  31-22        Sec. 261.681.  Cooperation with Other Jurisdictions.  The
  31-23  comptroller may permit the United States secretary of the treasury
  31-24  or the secretary's delegate, or the proper officer of any state or
  31-25  other jurisdiction imposing an income tax on the incomes of
  31-26  individuals, or the authorized representative of either officer, to
  31-27  inspect the income tax returns of an individual, or may furnish to
   32-1  the officer or authorized representative an abstract of the return
   32-2  of income of an individual or supply the officer with information
   32-3  concerning an item of income contained in a return, or disclosed by
   32-4  the report of an investigation of the income or return of income of
   32-5  an individual, but permission may be granted only if the statutes
   32-6  of the United States or of the other jurisdiction, as applicable,
   32-7  grant substantially similar privileges to the comptroller.
   32-8        Sec. 261.682.  Cooperation with Other Tax Officials of This
   32-9  State.  The comptroller may permit other tax officials of this
  32-10  state to inspect tax returns and reports filed under this chapter
  32-11  but the inspection shall be permitted only for purposes of
  32-12  enforcing a tax law and only to the extent and under the conditions
  32-13  prescribed by rule of the comptroller.
  32-14        Sec. 261.683.  Contract with Secretary of Treasury for
  32-15  Collection of Tax.  The comptroller may enter into an agreement
  32-16  with the United States secretary of the treasury or the secretary's
  32-17  delegate, under which, to the extent provided by the terms of the
  32-18  agreement, the secretary or delegate will administer, enforce, and
  32-19  collect a tax imposed by this chapter on behalf of this state.  The
  32-20  cost of the services performed by the secretary or delegate in
  32-21  administering, enforcing, or collecting the tax under the terms of
  32-22  the agreement may be paid from the appropriations for the general
  32-23  operations of the comptroller.
  32-24        Sec. 261.684.  Armed Forces Relief Provisions.  (a)  The
  32-25  period of service in the armed forces of the United States in a
  32-26  combat zone plus a period of continuous hospitalization outside
  32-27  this state attributable to that service plus the next 180 days
   33-1  shall be disregarded in determining, under rules of the
   33-2  comptroller, whether an act required by this chapter was performed
   33-3  by a taxpayer or the taxpayer's representative within the time
   33-4  prescribed.
   33-5        (b)  In the case of an individual who dies during an
   33-6  induction period while in active service as a member of the armed
   33-7  forces of the United States, if the death occurred while the
   33-8  individual was serving in a combat zone or as a result of wounds,
   33-9  disease, or injury incurred while so serving, the tax imposed by
  33-10  this chapter does not apply to the tax year in which the individual
  33-11  dies or to any prior tax year ending on or after the first day the
  33-12  individual so served in a combat zone.
  33-13        Sec. 261.685.  Disposition of Proceeds.  The revenue from the
  33-14  tax imposed by this chapter shall be deposited to the credit of the
  33-15  general revenue fund.
  33-16        SECTION 2.  Section 111.201, Tax Code, is amended to read as
  33-17  follows:
  33-18        Sec. 111.201.  ASSESSMENT LIMITATION.  (a)  No tax imposed by
  33-19  this title may be assessed after four years from the date that the
  33-20  tax becomes due and payable except as provided by Subsection (b) of
  33-21  this section.
  33-22        (b)  A tax imposed by Chapter 261 may not be assessed after
  33-23  six years from the date the tax becomes due and payable.
  33-24        SECTION 3.  (a)  This Act takes effect January 1, 1994, and
  33-25  except as provided by Subsection (b) of this section, applies to
  33-26  income earned, accrued, or received on or after that date.
  33-27        (b)  Income, deductions, losses, credits against income, or
   34-1  other adjustment allowed in determining the amount of tax under
   34-2  this Act or the amount of federal adjusted gross income under this
   34-3  Act, including carryovers, are not prohibited in computing the
   34-4  taxes for a tax period beginning on January 1, 1994, because those
   34-5  adjustments may have accrued or otherwise originated before the
   34-6  effective date of this Act.
   34-7        (c)  In 1994, the comptroller by rule may suspend the
   34-8  application of Section 261.507, Tax Code, in whole or in part, and
   34-9  may extend the deadlines for estimated tax payments under that
  34-10  section.
  34-11        SECTION 4.  The importance of this legislation and the
  34-12  crowded condition of the calendars in both houses create an
  34-13  emergency and an imperative public necessity that the
  34-14  constitutional rule requiring bills to be read on three several
  34-15  days in each house be suspended, and this rule is hereby suspended.