By Berlanga                                           H.B. No. 2453
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the administration and application of and exemptions
    1-3  from various excise taxes; specifying the types of records and
    1-4  documentation required to be prepared, accepted, or maintained by
    1-5  taxpayers and submitted to the comptroller; the authority of the
    1-6  comptroller and authorized employees to obtain access to and
    1-7  examine persons, records and documents; creating offenses; and
    1-8  providing penalties.
    1-9        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-10        SECTION 1.  Section 111.104(b), Tax Code, is amended to read
   1-11  as follows:
   1-12        (b)  A tax refund claim may be filed with the comptroller by
   1-13  the person who paid the tax directly to the state or by that <the>
   1-14  person's attorney, other duly authorized representative <assignee>,
   1-15  or <other> successor, and may not be assigned.
   1-16        SECTION 2.  Subsections (c) and (d), Section 151.302, Tax
   1-17  Code, are repealed.
   1-18        SECTION 3.  Section 151.318(c), Tax Code, is amended to read
   1-19  as follows:
   1-20        (c)  The exemption does not include:
   1-21              (1)  machinery, equipment, or replacement parts or
   1-22  their accessories having a useful life when new in excess of six
   1-23  months;
    2-1              (2)  intraplant transportation equipment, maintenance
    2-2  or janitorial supplies or equipment, or other machinery, equipment,
    2-3  materials, or supplies that are used incidentally in a
    2-4  manufacturing, processing, or fabrication operation;
    2-5              (3)  hand tolls; or
    2-6              (4)  office equipment or supplies, equipment or
    2-7  supplies used in sales or distribution activities, research or
    2-8  development of new products, or transportation activities, or other
    2-9  tangible personal property not used in an actual manufacturing,
   2-10  processing, or fabrication operation<; or>
   2-11              <(5)  internal or external wrapping, packing, and
   2-12  packaging supplies, as defined by Section 151.302(d), purchased for
   2-13  a person's own use, stored for use, or used in wrapping, packing,
   2-14  or packaging tangible personal property>.
   2-15        SECTION 4.  Section 151.319(e), Tax Code, is amended to read
   2-16  as follows:
   2-17        (e)  The following items are not exempted by Subsection (d)
   2-18  of this section:
   2-19              (1)  machinery or equipment or their accessories or
   2-20  replacement parts having a useful life when new in excess of six
   2-21  months;
   2-22              (2)  intraplant transportation equipment, maintenance
   2-23  or janitorial supplies or equipment, or other machinery, equipment,
   2-24  materials, or supplies that are used incidentally to printing or
   2-25  processing;
    3-1              (3)  hand tools; or
    3-2              (4)  office equipment or supplies; equipment or
    3-3  supplies used in sales, distribution, or transportation activities,
    3-4  or in gathering information; or other tangible personal property
    3-5  used by a newspaper printer in an activity other than the actual
    3-6  printing and processing operation<; or>
    3-7              <(5)  internal or external wrapping, packing, and
    3-8  packaging supplies, as defined by Section 151.302(d), purchased for
    3-9  a person's own use, stored for use, or used in wrapping, packing,
   3-10  or packaging tangible personal property>.
   3-11        SECTION 5.  Section 151.322(b)(3), Tax Code is repealed.
   3-12        SECTION 6.  Section 151.328, Tax Code, is amended to read as
   3-13  follows:
   3-14        Sec. 151.328.  Aircraft.  (a)  Aircraft are exempted from the
   3-15  taxes imposed by this chapter if:
   3-16              (1)  sold to a person using the aircraft as a
   3-17  certificated or licensed carrier of persons or property;
   3-18              (2)  sold to a person and used for the exclusive
   3-19  purpose of training or instructing pilots in a licensed course of
   3-20  instruction; <or>
   3-21              (3)  sold to a foreign government <or to persons who
   3-22  are not residents of this state.>; or
   3-23              (4)  sold to persons for use and registration in
   3-24  another state or nation, prior to any use in this state other than
   3-25  the transportation of the aircraft out of state.
    4-1        (b)  Repair, remodeling, and maintenance services to aircraft
    4-2  operated by a certificated or licensed carrier of persons or
    4-3  property or to an engine or other component part of an aircraft
    4-4  operated by a certificated or licensed carrier of persons or
    4-5  property are exempted from the taxes imposed by this chapter.
    4-6        (c)  In this section, "aircraft" does not include a rocket or
    4-7  missile, but does include:
    4-8              (1)  a fixed wing, heavier-than-air craft that is
    4-9  driven by propeller or jet and supported by the dynamic reaction of
   4-10  the air against its wings;
   4-11              (2)  a helicopter; and
   4-12              (3)  an airplane flight simulator approved by the
   4-13  Federal Aviation Administration for use as a Phase II or higher
   4-14  flight simulator under Appendix H, 14 C.F.R. Part 121.
   4-15        (d)  Machinery, tools, and equipment used or consumed
   4-16  exclusively in the repair, remodeling, or maintenance of aircraft
   4-17  engines, or aircraft component parts by or on behalf of a
   4-18  certificated or licensed carrier of persons or property are
   4-19  exempted from the taxes imposed by this chapter.
   4-20        (e)  Tangible personal property that is permanently affixed
   4-21  or attached as a component part of an aircraft owned or operated by
   4-22  a certificated or licensed carrier of persons or property is
   4-23  exempted from the taxes imposed by this chapter.
   4-24        (f)  To qualify for the exemption provided under Subsection
   4-25  151.328(a)(4), the person purchasing such aircraft in this state
    5-1  must sign a special exemption certificate at the time of purchase.
    5-2  The exemption certificate shall be designated an exemption
    5-3  certificate for purchase of aircraft for out of state registration
    5-4  and use and shall:
    5-5              (1)  be on a form designated by the comptroller and
    5-6  shall contain such information as the comptroller may deem
    5-7  reasonable;
    5-8              (2)  have all information required by the comptroller
    5-9  on the form provided in full in order to be valid; and
   5-10              (3)  be signed by the purchaser at the time of the
   5-11  purchase and be authorization for the comptroller to furnish a copy
   5-12  of the certificate to the state or nation of intended use and
   5-13  registration.
   5-14        (g)  A person commits an offense if:
   5-15              (1)  the person gives an exemption certificate required
   5-16  under this Section to a seller for an aircraft that this person
   5-17  knows, at the time of purchase, will be used in a manner other than
   5-18  that expressed in the exemption certificate; or
   5-19              (2)  the person gives an exemption certificate with
   5-20  fraudulent intent or intent to wrongfully evade the payment of the
   5-21  tax imposed under this chapter.
   5-22              (3)  An offense under this Section is a felony of the
   5-23  third degree.
   5-24        SECTION 7.  Subchapter H, Chapter 151, Tax Code, is amended
   5-25  by adding Section 151.351, to read as follows:
    6-1        Sec. 151.351.  Packaging Supplies and Wrapping
    6-2        (a)  Internal and external wrapping, packing, and packaging
    6-3  supplies are exempted from the taxes imposed by this chapter if
    6-4  sold to a person for use, stored for future use, or used in
    6-5  wrapping, packing, or packaging tangible personal property for the
    6-6  purpose of furthering the sale of the property wrapped, packed, or
    6-7  packaged or for the purpose of furthering the distribution of a
    6-8  newspaper whether or not the newspaper is distributed without
    6-9  charge.
   6-10        (b)  In this section, "wrapping," "packing," and "packaging
   6-11  supplies and material" include:
   6-12              (1)  wrapping paper, wrapping twine, bags, cartons,
   6-13  crates, crating material, tape, rope, rubber bands, labels,
   6-14  staples, glue, and mailing tubes; and
   6-15              (2)  excelsior, straw, cardboard fillers, separators,
   6-16  shredded paper, ice, dry ice, cotton batting, shirt boards, hay,
   6-17  laths, and other property used inside a package in order to shape,
   6-18  form, stabilize, preserve, or protect the contents.
   6-19        SECTION 8.  Subchapter A, Chapter 152, Tax Code, is amended
   6-20  by adding Section 152.004, to read as follows:
   6-21        Sec. 152.004.  Records.  (a)  Definitions.  The following
   6-22  words and terms, when used in this section, shall have the
   6-23  following meanings, unless - the context clearly indicates
   6-24  otherwise.
   6-25              (1)  Cash sale means a transfer of ownership of a motor
    7-1  vehicle where the full amount of the consideration is given the
    7-2  seller in money, check, other negotiable instrument, or other
    7-3  property at the time of purchase and title is not encumbered by a
    7-4  seller's or third party's lien.
    7-5              (2)  Consignment/agent sale means a sale where the
    7-6  owner of a motor vehicle is represented by an agent, broker, or
    7-7  factor to transact the sale of the motor vehicle.
    7-8              (3)  Seller means a person who for himself or another
    7-9  sells, rents, or transfers ownership of a motor vehicle for
   7-10  consideration.
   7-11              (4)  Seller financed sale means a credit sale or
   7-12  transfer of a motor vehicle other than a rental, lease, or cash
   7-13  sale, for consideration, when title is retained or encumbered by
   7-14  the seller as security for payment of the purchase price.  Seller
   7-15  financed sale includes a sale where financing is provided by an
   7-16  entity related to the seller.  An entity is related if the lender's
   7-17  primary activity is to provide financing for the purchase of
   7-18  tangible personal property, including motor vehicles, that are
   7-19  purchased from the related seller.
   7-20              (5)  Third party financed sale means a transfer of a
   7-21  motor vehicle where the consideration is provided the buyer by a
   7-22  lender and the title is retained or encumbered by the lender not
   7-23  related to the seller.
   7-24              (6)  Title means the certificate of title document as
   7-25  provided for under the Certificate of Title Act, Article 6687-1.
    8-1        (b)  Except as otherwise provided in this chapter, every
    8-2  seller must maintain business records at the seller's principal
    8-3  place of business as defined and required by this section in such a
    8-4  form as may readily be examined by the comptroller or a comptroller
    8-5  representative.  Sellers must retain these records for a minimum
    8-6  period of four years from the date of purchase and four years from
    8-7  the date of sale of the motor vehicle.
    8-8        (c)  A seller's business records must reflect the total
    8-9  receipts from all business income and expense including, but not
   8-10  limited to, transactions involving motor vehicles.  Business
   8-11  records must include any documents required by other state
   8-12  agencies, the federal government, or a political subdivision.
   8-13        (d)  The records kept must include, but are not limited to,
   8-14  the items specified in this subsection.
   8-15              (1)  For all sales transactions:
   8-16                    (A)  a photocopy of the completed application for
   8-17  title/registration/motor vehicle tax affidavit;
   8-18                    (B_)  a photocopy of the assigned title or
   8-19  manufacturer's certificate of origin, front and back;
   8-20                    (C)  a photocopy of the completed odometer
   8-21  statement (if separate from title);
   8-22                    (D)  the sales contract, dated and signed,
   8-23  itemizing all charges; and
   8-24                    (E)  photocopy of the assigned title or
   8-25  manufacturer's certificate of origin, front and back, to any
    9-1  trade-in motor vehicle described in the sales contract;
    9-2              (2)  For cash sales:  In addition to business records
    9-3  required in paragraph (1) of this subsection, when the seller did
    9-4  not handle the transfer of the certificate of title or tax payment,
    9-5  the seller's records must include a statement by the purchaser,
    9-6  that is signed and dated, and indicating the date each of the
    9-7  documents necessary to apply for the title, register the vehicle
    9-8  and pay the motor vehicle sales tax, were provided to the purchaser
    9-9  by the seller.  The document should also include a statement that
   9-10  the seller advised the purchaser that the purchaser must pay tax to
   9-11  the county tax assessor collector;
   9-12              (3)  For seller-financed sales:  In addition to records
   9-13  required in paragraph (1) of this subsection, seller's business
   9-14  records must include:
   9-15                    (A)  a photocopy of the receipt for title
   9-16  application/registration/motor vehicle sales tax (Form 31
   9-17  lienholder copy) were the dealer transferred the certificate of
   9-18  title.  If the seller did not handle the transfer of the
   9-19  certificate of title, the seller must retain a statement by the
   9-20  purchaser, that is signed and dated, and indicating the date that
   9-21  each of the documents necessary to apply for the certificate of
   9-22  title, register the vehicle and pay the motor vehicle sales tax,
   9-23  were provided to the purchaser by the seller.  The document should
   9-24  also include a statement that the seller advised the purchaser that
   9-25  the purchaser must pay tax to the county tax assessor-collector;
   10-1  and
   10-2                    (B)  documentation of purchaser's payment(s);
   10-3              (4)  For third-party financed transactions:  In
   10-4  addition to records required in paragraph (1) of this subsection,
   10-5  seller's business records must include:
   10-6                    (A)  a copy of the draft or check from the third
   10-7  party lender; and
   10-8                    (B)  documentation that the payment from the
   10-9  third party lender is for payment of the specific transaction; and
  10-10              (5)  For consignment/agent sales.  In addition to any
  10-11  other records required by this subsection, seller's business
  10-12  records must include a copy of a written consignment agreement,
  10-13  signed and dated by the consignor.  The motor vehicle must be
  10-14  identified by the vehicle identification number in the document.
  10-15        (e)  All written sales contracts and sales invoices must be
  10-16  retained as originals or photocopies by the seller, and must
  10-17  include:
  10-18              (1)  the name and address of the seller;
  10-19              (2)  the name and address of the purchaser;
  10-20              (3)  the date of sale;
  10-21              (4)  the sales price and installment payment amounts,
  10-22  if applicable;
  10-23              (5)  description of vehicle sold including the vehicle
  10-24  identification number;
  10-25              (6)  description and value of any vehicle traded-in to
   11-1  the seller including the vehicle identification number;
   11-2              (7)  interest charges, if any, separately stated;
   11-3              (8)  documentary fee, if any, separately stated; and
   11-4              (9)  insurance charges, if any, separately stated.
   11-5        SECTION 9.  Section 152.044, Tax Code, is amended to read as
   11-6  follows:
   11-7        Sec. 152.044.  Payment by Seller.  If the Comptroller on an
   11-8  audit of the records of a seller finds that the amount of tax due
   11-9  was incorrectly reported on a joint statement <affidavit> and that
  11-10  the amount of the tax paid was less than the amount due or that the
  11-11  seller failed to execute and deliver to the purchaser a joint
  11-12  statement <affidavit> and any other documents necessary to register
  11-13  the vehicle, the seller and purchaser are jointly and severally
  11-14  <is> liable for the amount of the tax determined to be due.
  11-15        SECTION 10.  Section 152.062, Tax Code, is amended to read as
  11-16  follows:
  11-17        Sec. 152.062.  REQUIRED STATEMENTS <AFFIDAVITS>.  (a)  The
  11-18  persons obligated by this chapter to pay taxes on the transaction
  11-19  shall file a joint statement <affidavit> with the tax
  11-20  assessor-collector of the county in which the application for
  11-21  registration and for a Texas certificate of title is made.
  11-22        (b)  The statement <affidavit> must be in the following form:
  11-23              (1)  if a motor vehicle is sold, the seller and
  11-24  purchaser shall make a joint statement of <affidavit stating> the
  11-25  then value in dollars of the total consideration for the vehicle;
   12-1  or
   12-2              (2)  if the ownership of a motor vehicle is transferred
   12-3  as the result of a gift or even exchange, the principal parties
   12-4  shall make a joint statement describing <affidavit stating> the
   12-5  nature of the transaction.
   12-6        (c)  If a party to a sale, even exchange, or gift is a
   12-7  corporation, the president, vice-president, secretary, manager, or
   12-8  other authorized officer of the corporation shall make the
   12-9  statement <affidavit> for the corporation.
  12-10        (d)  The tax assessor-collector shall keep a copy of each
  12-11  statement <affidavit> until it is called for by the comptroller for
  12-12  auditing.
  12-13        SECTION 11.  Section 152.063, Tax Code, is amended to read as
  12-14  follows:
  12-15        Sec. 152.063.  Records.  (a)  The seller of a motor vehicle
  12-16  shall keep at his principal office for at least four years from the
  12-17  date of sale a complete record of each retail sale of a motor
  12-18  vehicle.  The record must include a copy of the invoice for each
  12-19  vehicle sold, a copy of the tax receipt filed with the tax-assessor
  12-20  collector as proof that the tax collected was remitted, and a
  12-21  monthly report listing the number of vehicles sold and traded in,
  12-22  including the vehicle identification numbers, joint affidavit
  12-23  numbers, and tax receipt numbers for such vehicles.   The invoice
  12-24  copy must show the full price of the motor vehicle and the itemized
  12-25  price of all its accessories.  All sales and supporting records of
   13-1  a seller are open to inspection and audit by the comptroller.
   13-2        SECTION 12.  Section 152.092, Tax Code, is amended to read as
   13-3  follows:
   13-4        (a)  The taxes imposed by this chapter do not apply to the
   13-5  retail sale of a motor vehicle that is transported out of state,
   13-6  prior to any use in this state other than the transportation of the
   13-7  vehicle out of state, for use exclusively outside this state.
   13-8        (b)  The purchaser of a motor vehicle must sign an exemption
   13-9  certificate at the time of the purchase to qualify for this
  13-10  exemption.  The exemption certificate shall be on a form designated
  13-11  by the comptroller and shall contain such information as the
  13-12  comptroller may deem reasonable.  To be valid, all information
  13-13  required by the comptroller on the form must be provided in full.
  13-14        (c)  The exemption certificate must be signed by the
  13-15  purchaser.  The signature of the purchaser on the exemption
  13-16  certificate authorizes the comptroller to furnish a copy of the
  13-17  certificate to the state of intended use and registration.
  13-18        (d)  The penalties for signing a false affidavit under
  13-19  Section 152.101 of this chapter shall also be applicable to the
  13-20  offense of signing a false exemption certificate under this
  13-21  section.
  13-22        SECTION 13.  Subsection (a), Section 152.101, Tax Code, is
  13-23  amended to read as follows:
  13-24        Sec. 152.101.  PENALTY FOR SIGNING FALSE STATEMENTS
  13-25  <AFFIDAVITS>.  (a)  A person commits an offense if the person signs
   14-1  a joint statement <affidavit> required by Section 152.062 of this
   14-2  code and knows that it is false in any material fact.
   14-3        SECTION 14.  Subchapter A, Chapter 160, Tax Code, is amended
   14-4  by adding Section 160.004, to read as follows:
   14-5        Sec. 160.004.  Records.  (a)  Definitions.  The following
   14-6  words and terms, when used in this section, shall have the
   14-7  following meanings, unless - the context clearly indicates
   14-8  otherwise.
   14-9              (1)  Cash sale means a transfer of ownership of a
  14-10  taxable boat or motor where the full amount of the consideration is
  14-11  given the seller in money, check, other negotiable instrument, or
  14-12  other property at the time of purchase and title is not encumbered
  14-13  by a seller's or third party's lien.
  14-14              (2)  Consignment/agent sale means a sale where the
  14-15  owner of a taxable boat or motor is represented by an agent,
  14-16  broker, or factor to transact the sale of the taxable boat or
  14-17  motor.
  14-18              (3)  Seller means a person who for himself or another
  14-19  sells, rents, or transfers ownership of a taxable boat or motor for
  14-20  consideration.
  14-21              (4)  Seller financed sale means a credit sale or
  14-22  transfer of a taxable boat or motor other than a rental, lease, or
  14-23  cash sale, for consideration, when title is retained or encumbered
  14-24  by the seller as security for payment of the purchase price.
  14-25  Seller financed sale includes a sale where financing is provided by
   15-1  an entity related to the seller.  An entity is related if the
   15-2  lender's primary activity is to provide financing for the purchase
   15-3  of tangible personal property, including taxable boats or motors,
   15-4  that are purchased from the related seller.
   15-5              (5)  Third party financed sale means a transfer of a
   15-6  taxable boat or motor where the consideration is provided the buyer
   15-7  by a lender and the title is retained or encumbered by the lender
   15-8  not related to the seller.
   15-9              (6)  Title means the certificate of title document as
  15-10  provided for under the Chapter 31, Parks and Wildlife Code.
  15-11        (b)  Except as otherwise provided in this chapter, every
  15-12  seller must maintain business records at the seller's principal
  15-13  place of business as defined and required by this section in such a
  15-14  form as may readily be examined by the comptroller or a comptroller
  15-15  representative.  Sellers must retain these records for a minimum
  15-16  period of four years from the date of purchase and four years from
  15-17  the date of sale of the taxable boat or motor.
  15-18        (c)  A seller's business records must reflect the total
  15-19  receipts from all business income and expense including, but not
  15-20  limited to, transactions involving taxable boats or motors.
  15-21  Business records must include any documents required by other state
  15-22  agencies, the federal government, or a political subdivision.
  15-23        (d)  The records kept must include, but are not limited to,
  15-24  the items specified in this subsection.
  15-25              (1)  For all sales transactions:
   16-1                    (A)  a photocopy of the completed application for
   16-2  title/registration/tax affidavit;
   16-3                    (B)  a photocopy of the assigned title or
   16-4  manufacturer's certificate of origin, front and back;
   16-5                    (C)  the sales contract, dated and signed,
   16-6  itemizing all charges; and
   16-7                    (D)  photocopy of the assigned title or
   16-8  manufacturer's certificate of origin, front and back, to any
   16-9  trade-in boat or motor described in the sales contract;
  16-10              (2)  For cash sales:  In addition to business records
  16-11  required in paragraph (1) of this subsection, when the seller did
  16-12  not handle the transfer of the certificate of title or tax payment,
  16-13  the seller's records must include a statement by the purchaser,
  16-14  that is signed and dated, and indicating the date each of the
  16-15  documents necessary to apply for the title, register the vehicle
  16-16  and pay the boat or motor sales tax, were provided to the purchaser
  16-17  by the seller.  The document should also include a statement that
  16-18  the seller advised the purchaser that the purchaser must pay tax to
  16-19  the county tax assessor collector or the department;
  16-20              (3)  For seller-financed sales:  In addition to records
  16-21  required in paragraph (1) of this subsection, seller's business
  16-22  records must include:
  16-23                    (A)  a photocopy of the receipt for title
  16-24  application/registration/sales tax where the dealer transferred the
  16-25  certificate of title.  If the seller did not handle the transfer of
   17-1  the certificate of title, the seller must retain a statement by the
   17-2  purchaser, that is signed and dated, and indicating the date that
   17-3  each of the documents necessary to apply for the certificate of
   17-4  title, register the vehicle and pay the tax, were provided to the
   17-5  purchaser by the seller.  The document should also include a
   17-6  statement that the seller advised the purchaser that the purchaser
   17-7  must pay tax to the county tax assessor-collector or the
   17-8  department; and
   17-9                    (B)  documentation of purchaser's payment(s);
  17-10              (4)  For third-party financed transactions:  In
  17-11  addition to records required in paragraph (1) of this subsection,
  17-12  seller's business records must include:
  17-13                    (A)  a copy of the draft or check from the third
  17-14  party lender; and
  17-15                    (B)  documentation that the payment from the
  17-16  third party lender is for payment of the specific transaction; and
  17-17              (5)  For consignment/agent sales.  In addition to any
  17-18  other records required by this subsection, seller's business
  17-19  records must include a copy of a written consignment agreement,
  17-20  signed and dated by the consignor.  The taxable boat or motor must
  17-21  be identified by its identification number in the document.
  17-22        (e)  All written sales contracts and sales invoices must be
  17-23  retained as originals or photocopies by the seller, and must
  17-24  include:
  17-25              (1)  the name and address of the seller;
   18-1              (2)  the name and address of the purchaser;
   18-2              (3)  the date of sale;
   18-3              (4)  the sales price and installment payment amounts,
   18-4  if applicable;
   18-5              (5)  description of taxable boat or motor sold
   18-6  including its identification number;
   18-7              (6)  description and value of any boat or motor
   18-8  traded-in to the seller including its identification number;
   18-9              (7)  interest charges, if any, separately stated;
  18-10              (8)  documentary fee, if any, separately stated; and
  18-11              (9)  insurance charges, if any, separately stated.
  18-12        SECTION 15.  Section 160.042, Tax Code, is amended to read as
  18-13  follows:
  18-14        Sec. 160.042.  REQUIRED STATEMENTS <AFFIDAVITS>.  (a)  A
  18-15  person obligated to pay a tax imposed by this chapter on a
  18-16  transaction shall file the statement <affidavit> as provided by
  18-17  this section with the department or tax assessor-collector on
  18-18  payment of a tax imposed by this chapter.
  18-19        (b)  If a taxable boat or motor is sold by a person at a
  18-20  retail sale, the seller and purchaser shall make a statement of
  18-21  <affidavit stating> the value in dollars of the total consideration
  18-22  of the boat or motor at the time of sale.
  18-23        (c)  If the ownership of a taxable boat or motor is
  18-24  transferred as a result of a gift, the donor shall make a joint
  18-25  statement describing <affidavit stating> the nature of the
   19-1  transaction.
   19-2        (d)  If the ownership of a taxable boat or motor is
   19-3  transferred as a result of an even exchange, the parties shall make
   19-4  a joint statement describing <affidavit stating> the nature of the
   19-5  transaction.
   19-6        (e)  The department or the tax collector-assessor shall
   19-7  examine each statement <affidavit> for the purpose of determining
   19-8  the truth and accuracy of the information it contains.  If the
   19-9  department, the tax collector-assessor, or the comptroller has
  19-10  reason to question the truth of the information in a <an> statement
  19-11  <affidavit>, or if any material fact fails to meet the rules
  19-12  adopted by the comptroller, the department, or the tax
  19-13  assessor-collector, or the comptroller may require any party to the
  19-14  statement <affidavit> to furnish substantiation of information in
  19-15  the statement <affidavit> before accepting an application for a
  19-16  Texas certificate of number or certificate of title.
  19-17        (f)  The department and the tax assessor-collector shall keep
  19-18  a copy of each statement <affidavit> and any substantiating
  19-19  materials until it is called for by the comptroller for auditing.
  19-20        SECTION 16.  Section 160.043, Tax Code, is amended to read as
  19-21  follows:
  19-22        Sec. 160.043.  Payment by Seller.  If the comptroller on an
  19-23  audit of the records of a seller finds that the amount of tax due
  19-24  was incorrectly reported on a joint statement <affidavit> and that
  19-25  the amount of tax paid was less than the amount due or that the
   20-1  seller failed to execute and deliver to the purchaser a joint
   20-2  statement <affidavit> and any other documents necessary to register
   20-3  the taxable boat or motor, the seller and purchaser are jointly and
   20-4  severally liable for the amount of the tax determined to be due.
   20-5        SECTION 17.  Section 160.046, Tax Code, is amended to read as
   20-6  follows:
   20-7        Sec. 160.046.  Records.
   20-8        (a)  The seller of a taxable boat or motor shall keep at his
   20-9  principal office for at least four years from the date of the sale
  20-10  a complete record of each sale of a taxable boat or motor.
  20-11        (b)  The record must include:
  20-12              (1)  a copy of the invoice of each boat or motor <item>
  20-13  sold.  The invoice copy must show the full price of the taxable
  20-14  boat or motor and the itemized price of all its accessories;
  20-15              (2)  a copy of all written sales contracts, which
  20-16  should include the sales price and all installment payment amounts,
  20-17  if applicable;
  20-18              (3)  the name and address of the seller;
  20-19              (4)  the name and address of the purchaser;
  20-20              (5)  a description of the boat or motor sold including
  20-21  the boat or motor identification number;
  20-22              (6)  a description and value of any boat or motor
  20-23  traded-in to the seller including the boat or motor identification
  20-24  number;
  20-25              (7)  interest charges, if any, separately stated; and
   21-1              (8)  a copy of any written consignment agreement,
   21-2  signed and dated by the consignor, including the boat or motor
   21-3  identification number.
   21-4        (c)  All sales and supporting records of a seller are open to
   21-5  inspection and audit by the comptroller.
   21-6        SECTION 18.  Chapter 160, Tax Code, is amended by adding
   21-7  Section 160.062 to read as follows:
   21-8        Sec. 160.062.  PENALTY FOR SIGNING FALSE STATEMENTS.  (a)  A
   21-9  person commits an offense if the person signs a joint statement
  21-10  required by Section 160.042 of this code and knows that it is false
  21-11  in any material fact.
  21-12        (b)  An offense under this section is a third-degree felony
  21-13  punishable by the standards set forth in Section 12.34, Penal Code.
  21-14        SECTION 19.  Subchapter B, Chapter 403, Government Code, is
  21-15  amended by adding Section 403.0111 to read as follows:
  21-16        Sec. 403.0111.  SUBPOENA POWER.  The comptroller may issue a
  21-17  subpoena if the comptroller determines that the subpoena is
  21-18  necessary for the proper discharge of the duties imposed by law on
  21-19  the comptroller.  The comptroller may subpoena a person to appear
  21-20  at a place and time stipulated in the subpoena for the taking of
  21-21  the person's deposition, and the subpoena may require the person to
  21-22  produce at the time of the deposition books, documents, records,
  21-23  papers, accounts, and all other objects that may be necessary to
  21-24  make a full determination of the facts essential to the completion
  21-25  of an investigation by the comptroller.
   22-1        SECTION 20.  This Act take effect September 1, 1993.
   22-2        SECTION 21.  The importance of this legislation and the
   22-3  crowded condition of the calendars in both houses create an
   22-4  emergency and an imperative public necessity that the
   22-5  constitutional rule requiring bills to be read on three several
   22-6  days in each house be suspended, and this rule is hereby suspended.