BILL ANALYSIS
S.B. 982
By: Truan (Holzheauser)
April 20, 1995
Committee Report (Unamended)
BACKGROUND
Currently, a person purchasing taxable items in Texas for resale in
foreign countries must pay both state and local sales taxes on
those purchases. Upon securing acceptable documentation proving
that the items have been exported beyond the territorial limits of
the United States and pursuant to the U.S. Constitution, the person
may approach the Texas retailer where the items were purchased and
obtain a refund of sales taxes paid.
Prior to 1969, Mexican businesses could give a limited number of
resale certificates to Texas businesses. Currently, resale
certificates are not honored because of the inability to verify
that items were purchased for resale in other countries. The
Border States Caucus has developed a uniform information exchange
agreement authorizing information exchange with Mexico, allowing
Texas to confirm purchases for resale.
PURPOSE
This bill includes the United Mexican States in certain sales tax
exemptions.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 151.006 ("Sale for Resale"), Tax Code,
by expanding the definition of "sale for resale" to
include the United Mexican States in addition to the
United States of America or a possession or territory
of the U.S..
SECTION 2. Amends Section 151.152 (Resale Certificate: Form), Tax
Code, by adding Subsection (c), to require additional
information on resale certificates from a person engaged
in business in the United Mexican States. In addition
to the information required in Subsection (b),
certificates must include the purchaser's United Mexican
States federal identification number and any other
information required by the comptroller.
SECTION 3. Amends Section 151.027 (Confidentiality of Tax
Information), Subsection (c), Tax Code, to allow the
Comptroller to authorize tax officials of the United
Mexican States the right to examine confidential sales,
use and excise tax information.
SECTION 4. Amends Section 111.006 (Confidentiality of Information),
Tax Code, by amending Subsection (a) and adding
Subsection (d).
(a) Provides that Subsection (d) is an exception to
this section.
(d) Authorizes information made confidential in this
title (State Taxation) to be examined by a state
officer, a law enforcement officer of this state, a tax
official of another state, a tax official of the United
Mexican States, an official of the United States, or an
authorized representative of any of these officers or
officials if: (1) the comptroller authorizes the
examination, and (2) for an official or officer of
another state, the United States, or the United Mexican
States, there exists a reciprocal agreement allowing the
comptroller to examine tax information in a similar
manner.
SECTION 5. Effective Date: September 1, 1995.
SECTION 6. Emergency Clause.
SUMMARY OF COMMITTEE ACTION
Public notice was posted in accordance with the rules, and a public
hearing was held on April 18, 1995. Representative Holzheauser
explained the bill. By a record vote of 9 ayes, 0 nays, 0 present
not voting and 2 absent, the committee voted to report S.B. 982 to
the House without amendment with the recommendation that it be sent
to the Local & Consent Calendar, and that it do pass.
Testimony received in favor of the bill:
Mickey Moore, representing the Texas Retailers Assn.