H.B. No. 995
    1-1                                AN ACT
    1-2  relating to the collection and disposition of the motor vehicle
    1-3  sales tax on a motor vehicle sold using seller financing.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 152.001, Tax Code, is amended by adding
    1-6  Subdivision (16) to read as follows:
    1-7              (16)  "Seller-financed sale" means a retail sale of a
    1-8  motor vehicle by a dealer licensed under Article 6686, Revised
    1-9  Statutes, in which the seller collects all or part of the total
   1-10  consideration in periodic payments and retains a lien on the motor
   1-11  vehicle until all payments have been received.  The term does not
   1-12  include a:
   1-13                    (A)  retail sale of a motor vehicle in which a
   1-14  person other than the seller provides the consideration for the
   1-15  sale and retains a lien on the motor vehicle as collateral;
   1-16                    (B)  lease; or
   1-17                    (C)  rental.
   1-18        SECTION 2.  Section 152.021(a), Tax Code, is amended to read
   1-19  as follows:
   1-20        (a)  A tax is imposed on every retail sale of every motor
   1-21  vehicle sold in this state.  Except as provided by Section 152.047,
   1-22  the <The> tax is an obligation of and shall be paid by the
   1-23  purchaser of the motor vehicle.
   1-24        SECTION 3.  Sections 152.041(b) and (c), Tax Code, are
    2-1  amended to read as follows:
    2-2        (b)  Except as provided by Section 152.069, the <The> tax
    2-3  assessor-collector may not accept an application unless the tax and
    2-4  any penalty is paid.
    2-5        (c)  Except as provided by Section 152.047, the <The> tax
    2-6  imposed by Section 152.021 of this code is due on the 20th working
    2-7  day after the day that the motor vehicle is delivered to the
    2-8  purchaser.
    2-9        SECTION 4.  Subchapter C, Chapter 152, Tax Code, is amended
   2-10  by adding Sections 152.047 and 152.048 to read as follows:
   2-11        Sec. 152.047.  COLLECTION OF TAX ON SELLER-FINANCED SALE.
   2-12  (a)  Except as inconsistent with this chapter and rules adopted
   2-13  under this chapter, the seller of a motor vehicle shall report and
   2-14  pay the tax imposed on a seller-financed sale to the comptroller on
   2-15  the seller's receipts from seller-financed sales in the same manner
   2-16  as the sales tax is reported and paid by a retailer under Chapter
   2-17  151.
   2-18        (b)  If a note, mortgage, account receivable, or other
   2-19  document evidencing the purchaser's indebtedness to the seller of a
   2-20  vehicle sold subject to a seller-financed sale does not bear
   2-21  interest, it will be conclusively presumed that the total
   2-22  consideration for the sale is principal.
   2-23        (c)  If a note, mortgage, account receivable, or other
   2-24  document evidencing the purchaser's indebtedness to the seller of a
   2-25  vehicle sold subject to a seller-financed sale bears interest, it
   2-26  is conclusively presumed that interest accrues and is paid by the
   2-27  purchaser on a straight line basis.
    3-1        (d)  The seller shall add the tax imposed on a
    3-2  seller-financed sale to the sales price of the vehicle sold, and
    3-3  when added, the tax is:
    3-4              (1)  a part of the sales price;
    3-5              (2)  a debt owed to the seller by the purchaser; and
    3-6              (3)  recoverable at law in the same manner as the sales
    3-7  price.
    3-8        (e)  Regardless of the accounting method used by the seller,
    3-9  the seller shall collect and pay the tax imposed on a
   3-10  seller-financed sale to the comptroller as the seller receives the
   3-11  proceeds of the sale.
   3-12        (f)  If the seller fails to apply, not later than the 60th
   3-13  day after the date the motor vehicle is delivered to the purchaser,
   3-14  for registration and a Texas certificate of title for a motor
   3-15  vehicle sold in a seller-financed sale in accordance with Section
   3-16  152.069, the seller is liable for all unpaid tax on the total
   3-17  consideration, and the tax is due and must be sent to the
   3-18  comptroller with the first report after the expiration of the
   3-19  prescribed period.
   3-20        (g)  If a seller factors, assigns, or otherwise transfers the
   3-21  right to receive payments, all unpaid tax is due on the total
   3-22  consideration not reported at the time the agreement is factored,
   3-23  assigned, or otherwise transferred.  The seller shall report and
   3-24  submit the tax in the report period in which the right to receive
   3-25  the payment is factored, assigned, or otherwise transferred.  The
   3-26  seller may not take a deduction in the amount of tax due if a
   3-27  transfer at a discount is made.
    4-1        (h)  The comptroller may proceed against the purchaser in a
    4-2  seller-financed sale for the amount of any tax not paid by the
    4-3  purchaser.
    4-4        (i)  The comptroller shall adopt rules and promulgate forms
    4-5  necessary to implement this section.
    4-6        Sec. 152.048.  GROSS RECEIPTS PRESUMED SUBJECT TO TAX.  (a)
    4-7  All gross receipts of a seller required to obtain a permit under
    4-8  Section 152.065 are presumed to be subject to the provisions of
    4-9  this code.
   4-10        (b)  The presumption provided by Subsection (a) does not
   4-11  apply to receipts:
   4-12              (1)  on which a tax imposed under other law is computed
   4-13  and paid to the comptroller; or
   4-14              (2)  for which a properly completed resale or exemption
   4-15  certificate is accepted by the seller.
   4-16        (c)  The seller may overcome the presumption under Subsection
   4-17  (a) by credible evidence that the receipts are not from a
   4-18  seller-financed sale or that the tax on those receipts has been
   4-19  sent to the comptroller.
   4-20        SECTION 5.  Subchapter D, Chapter 152, Tax Code, is amended
   4-21  by adding Section 152.0635 to read as follows:
   4-22        Sec. 152.0635.  RECORDS OF CERTAIN SELLERS.  (a)  In addition
   4-23  to the requirements prescribed by Section 152.063, a seller engaged
   4-24  in seller-financed sales who has a permit under Section 152.065
   4-25  shall keep the records required by this section.
   4-26        (b)  For seller-financed sales, the seller shall keep at the
   4-27  seller's principal office for at least four years from the date on
    5-1  which the seller receives the final payment for the motor vehicle:
    5-2              (1)  the lienholder's copy of the receipt for title
    5-3  application, registration, and motor vehicle tax issued by a county
    5-4  tax assessor-collector; and
    5-5              (2)  a ledger or other document containing a complete
    5-6  record of the payment history for that motor vehicle, including:
    5-7                    (A)  the name and address of the purchaser;
    5-8                    (B)  the total consideration;
    5-9                    (C)  the amount of the down payment received at
   5-10  the time the motor vehicle is sold;
   5-11                    (D)  the date and amount of each subsequent
   5-12  payment;
   5-13                    (E)  the date of sale; and
   5-14                    (F)  the date of any repossession.
   5-15        (c)  For retail sales paid in full at the time of sale, the
   5-16  seller shall keep at the seller's principal office for at least
   5-17  four years from the date of the sale documentation of complete
   5-18  payment in the form of:
   5-19              (1)  a copy of the payment instrument or a receipt for
   5-20  cash received; and
   5-21              (2)  a copy of the receipt for title application,
   5-22  registration, and motor vehicle tax issued by the county tax
   5-23  assessor-collector or a statement by the purchaser that is signed
   5-24  and dated and indicates the date that each of the documents
   5-25  necessary to apply for the title, register the vehicle, and pay the
   5-26  motor vehicle sales tax were provided to the purchaser by the
   5-27  seller.
    6-1        (d)  The document required under Subsection (c)(2) shall also
    6-2  include a statement that the seller advised the purchaser that the
    6-3  purchaser must pay a tax to the county tax assessor-collector.
    6-4        (e)  For sales for resale, the seller shall keep at the
    6-5  seller's principal office for at least four years from the date of
    6-6  the sale the purchaser's written statement of resale on a form
    6-7  prescribed by the comptroller.
    6-8        SECTION 6.  Section 152.065, Tax Code, is amended to read as
    6-9  follows:
   6-10        Sec. 152.065.  REQUIRED PERMITS <REGISTRATION AS A RETAILER;
   6-11  PERMIT>.  A motor vehicle owner required to collect, report, and
   6-12  pay a tax on gross rental receipts imposed by this chapter and a
   6-13  seller required to collect, report, and pay a tax on a
   6-14  seller-financed sale shall register as a retailer with the
   6-15  comptroller in the same manner as is required of a retailer under
   6-16  Subchapter F, <of> Chapter 151 <of this code.  The owner shall also
   6-17  obtain from the comptroller a motor vehicle retailer's permit>.
   6-18        SECTION 7.  Section 152.068(a), Tax Code, is amended to read
   6-19  as follows:
   6-20        (a)  The comptroller may revoke or suspend any one or more of
   6-21  the <motor vehicle retailer's> permits held by a person if that
   6-22  person fails to comply with a provision of this chapter or with a
   6-23  rule of the comptroller relating to a tax imposed by this chapter.
   6-24        SECTION 8.  Subchapter D, Chapter 152, Tax Code, is amended
   6-25  by adding Section 152.069 to read as follows:
   6-26        Sec. 152.069.  REGISTRATION OF MOTOR VEHICLE USING
   6-27  SELLER-FINANCING.  (a)  The seller of a motor vehicle sold in a
    7-1  seller-financed sale shall apply for the registration of, and a
    7-2  Texas certificate of title for, the motor vehicle in the name of
    7-3  the purchaser to the appropriate county tax assessor-collector.
    7-4        (b)  The seller shall provide to the county tax
    7-5  assessor-collector a joint affidavit as prescribed by Section
    7-6  152.062 in lieu of the motor vehicle sales tax imposed by Section
    7-7  152.021.  The affidavit shall include the seller's permit
    7-8  identification number issued by the comptroller.
    7-9        SECTION 9.  Subsection (a), Section 10, Chapter 88, General
   7-10  Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
   7-11  (Article 6675a-10, Vernon's Texas Civil Statutes), is amended to
   7-12  read as follows:
   7-13        (a)  Except as provided by Subsections (c-1), (c-2), (c-3),
   7-14  and (c-4) of this section, on Monday of each week each County Tax
   7-15  Collector shall deposit in the County Depository of his County to
   7-16  the credit of the County Road and Bridge Fund an amount equal to
   7-17  one hundred per cent (100%) of the net collections made hereunder
   7-18  during the preceding week until the amount so deposited for the
   7-19  current calendar year shall have reached a total sum of Sixty
   7-20  Thousand Dollars ($60,000), plus Three Hundred and Fifty Dollars
   7-21  ($350) for each mile of county road, not to exceed five hundred
   7-22  (500) miles, maintained by the County according to the latest data
   7-23  available from the State Department of Highways and Public
   7-24  Transportation, plus an amount equal to five per cent (5%) of the
   7-25  tax and penalties collected by the County Tax Collector under
   7-26  Chapter 152, Tax Code, in the preceding calendar year, plus an
   7-27  amount equal to five per cent (5%) of the tax and penalties
    8-1  collected by the Comptroller of Public Accounts under Section
    8-2  152.047, Tax Code, in the preceding calendar year.  All of the
    8-3  amount of the tax and penalties collected under Chapter 152, Tax
    8-4  Code, in the preceding calendar year that is retained by a county
    8-5  under this subsection shall be used for county road construction,
    8-6  maintenance, and rehabilitation, for bridge construction,
    8-7  maintenance, and rehabilitation, for purchase of right-of-way for
    8-8  road or highway purposes, or for relocation of utilities for road
    8-9  or highway purposes.  On or before January 30 of each year, each
   8-10  county shall file a report, in a form promulgated by the State
   8-11  Department of Highways and Public Transportation, with the State
   8-12  Engineer-Director for the State Department of Highways and Public
   8-13  Transportation that accurately sets forth the amounts and purposes
   8-14  of all expenditures of the tax and penalties collected under
   8-15  Chapter 152, Tax Code, and retained by the county under this
   8-16  subsection.
   8-17        SECTION 10.  Section  152.103(a), Tax Code, is amended to
   8-18  read as follows:
   8-19        (a)  A seller commits an offense if he fails to make and
   8-20  retain complete records for the period of four years as provided by
   8-21  this chapter <Section 152.063(a) of this code>.
   8-22        SECTION 11.  This Act takes effect October 1, 1993, and
   8-23  applies to the sale of a motor vehicle on or after that date.  The
   8-24  sale of a motor vehicle before the effective date of this Act is
   8-25  governed by the law in effect when the motor vehicle was sold, and
   8-26  that law is continued in effect for that purpose.
   8-27        SECTION 12.  The importance of this legislation and the
    9-1  crowded condition of the calendars in both houses create an
    9-2  emergency and an imperative public necessity that the
    9-3  constitutional rule requiring bills to be read on three several
    9-4  days in each house be suspended, and this rule is hereby suspended.