1-1  By:  Craddick (Senate Sponsor - Bivins)               H.B. No. 1374
    1-2        (In the Senate - Received from the House March 25, 1993;
    1-3  March 30, 1993, read first time and referred to Committee on
    1-4  Finance; April 22, 1993, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 13, Nays 0;
    1-6  April 22, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Montford           x                               
   1-10        Turner             x                               
   1-11        Armbrister         x                               
   1-12        Barrientos         x                               
   1-13        Bivins             x                               
   1-14        Ellis              x                               
   1-15        Haley              x                               
   1-16        Moncrief           x                               
   1-17        Parker             x                               
   1-18        Ratliff            x                               
   1-19        Sims               x                               
   1-20        Truan              x                               
   1-21        Zaffirini          x                               
   1-22  COMMITTEE SUBSTITUTE FOR H.B. No. 1374                  By:  Turner
   1-23                         A BILL TO BE ENTITLED
   1-24                                AN ACT
   1-25  relating to the acceptance by a collector of separate tax payments.
   1-26        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-27        SECTION 1.  Section 31.07, Tax Code, is amended by amending
   1-28  Subsection (b) and adding Subsection (d) to read as follows:
   1-29        (b)  A collector shall accept <may adopt a policy of
   1-30  accepting> payment of the tax imposed on a property by a taxing
   1-31  unit that has adopted the discounts under Section 31.05 of this
   1-32  code separately <separate> from taxes imposed on that property by
   1-33  other taxing units using the same collector, even if the taxes are
   1-34  included in the same bill.  The collector may adopt a policy of
   1-35  accepting separate payments in other circumstances.  If the tax
   1-36  paid is included in the same bill as other taxes that are not paid
   1-37  the collector shall <may> send a revised bill or receipt to reflect
   1-38  the tax payment, if a discount applies to the payment, and may send
   1-39  a revised bill or receipt to reflect the tax payment in other
   1-40  circumstances.  The sending of a revised bill does not affect the
   1-41  date on which the unpaid taxes become delinquent.
   1-42        (d)  Notwithstanding Subsection (c), a collector shall accept
   1-43  a partial payment of property taxes on a tax bill that includes
   1-44  taxes for more than one taxing unit if one or more of the taxing
   1-45  units has adopted the discounts under Section 31.05 of this code,
   1-46  the taxpayer directs that the partial payment be allocated first to
   1-47  the payment of the taxes owed one or more of the taxing units that
   1-48  have adopted the discounts, and the amount of the payment is equal
   1-49  to or greater than the amount of the the taxes owed the taxing
   1-50  units designated by the taxpayer.
   1-51        SECTION 2.  Chapter 31, Tax Code, is amended by adding
   1-52  Section 31.073 to read as follows:
   1-53  Sec. 31.073.  CONDITIONAL OR RESTRICTED PAYMENTS PROHIBITED.  A
   1-54  restriction or other condition on a payment of taxes that is not
   1-55  authorized by Section 31.071 of this code is void.
   1-56        SECTION 3.  (A)  Section 1 of this Act takes effect
   1-57  September 1, 1993, and applies to the payment of a tax bill mailed
   1-58  on or after that date.  The payment of a tax bill mailed before the
   1-59  effective date of Section 1 of this Act is governed by the law in
   1-60  effect on the date that the tax bill is mailed, and that law is
   1-61  continued in effect for that purpose.
   1-62        (B)  Section 2 of this Act takes effect September 1, 1993.
   1-63        SECTION 4.  The importance of this legislation and the
   1-64  crowded condition of the calendars in both houses create an
   1-65  emergency and an imperative public necessity that the
   1-66  constitutional rule requiring bills to be read on three several
   1-67  days in each house be suspended, and this rule is hereby suspended.
   1-68                               * * * * *
    2-1                                                         Austin,
    2-2  Texas
    2-3                                                         April 22, 1993
    2-4  Hon. Bob Bullock
    2-5  President of the Senate
    2-6  Sir:
    2-7  We, your Committee on Finance to which was referred H.B. No. 1374,
    2-8  have had the same under consideration, and I am instructed to
    2-9  report it back to the Senate with the recommendation that it do not
   2-10  pass, but that the Committee Substitute adopted in lieu thereof do
   2-11  pass and be printed.
   2-12                                                         Montford,
   2-13  Chairman
   2-14                               * * * * *
   2-15                               WITNESSES
   2-16                                                  FOR   AGAINST  ON
   2-17  ___________________________________________________________________
   2-18  Name:  Donald P. Sharp, Asst. Chief Deputy       x
   2-19  Representing:  Tarrant Co. Tax Assn. Colltrs
   2-20  City:  Ft. Worth
   2-21  -------------------------------------------------------------------
   2-22  Name:  Dale Cummings                             x
   2-23  Representing:  Tx Mid-Continent Oil & Gas Asn
   2-24  City:  Austin
   2-25  -------------------------------------------------------------------
   2-26  Name:  George S. Christian                       x
   2-27  Representing:  Tx Assn of Taxpayers
   2-28  City:  Austin
   2-29  -------------------------------------------------------------------
   2-30  Name:  Robert F. Stout                           x
   2-31  Representing:  Mitchell Energy & Devlpmt
   2-32  City:  The Woodlands
   2-33  -------------------------------------------------------------------