Amend SB 862 as follows:
(1) Add the following SECTION to the bill, appropriately
numbered:
SECTION ____. Section 111.107, Tax Code, is amended to read
as follows:
Sec. 111.107. ]SWHEN REFUND OR CREDIT IS PERMITTED . Except as
otherwise expressly provided, a person may request a refund or a
credit or the comptroller may make a refund or issue a credit for
the overpayment of a tax imposed by this title at any time before
the expiration of the period during which the comptroller may
assess a deficiency for the tax and not thereafter unless the
refund or credit is requested:
(1) under Subchapter B of Chapter 112 and the refund
is made or the credit is issued under a court order;
(2) under the provision of Section 111.104(c)(3)
applicable to a refund claim filed after a jeopardy or deficiency
determination becomes final;
(3) under Chapter 153, except Section 153.1195(e),
153.121(d), 153.2225(e), or 153.224(d); or
(4) under Section 151.318(g) or (n).
(2) Add the following SECTION to the bill, appropriately
numbered:
SECTION ____. Section 153.119(e), Tax Code, is amended to
read as follows:
(e) A person who exports or loses by fire or other accident
100 or more gallons of gasoline on which the tax has been paid, or
sells gasoline in any quantity to the United States government for
the exclusive use of that government on which the tax has been
paid, may file a claim for a refund of the net tax paid to the
state in the manner provided by this chapter or as the comptroller
may direct. <A permitted distributor who establishes proof
satisfactory to the comptroller of export, loss by accident, or
sale to the United States, may take a credit for the net amount of
the tax paid to the state on any subsequent monthly report and tax
payment made to the comptroller within one year after the date of
the exportation, loss, or sale.>
(3) In SECTION 29 of the bill, following the end of amended
Section 153.1195, Tax Code, add:
(e) A credit under this section must be taken before the
expiration of the applicable limitation period as provided by
Chapter 111.
(4) Add the following SECTION to the bill, appropriately
numbered:
SECTION ____. Section 153.121, Tax Code, is amended by
adding Subsection (d) to read as follows:
(d) A permitted distributor that determines taxes were
erroneously reported and remitted or that paid more taxes than were
due this state because of a mistake of fact or law may take a
credit on the monthly tax report on which the error has occurred
and tax payment made to the comptroller. The credit must be taken
before the expiration of the applicable period of limitation as
provided by Chapter 111.
(5) In SECTION 31 of the bill, following the end of amended
Section 153.2225, Tax Code, add:
(e) A credit under this section must be taken before the
expiration of the applicable limitation period as provided by
Chapter 111.
(6) Add the following SECTION to the bill, appropriately
numbered:
SECTION ____. Section 153.224, Tax Code, is amended by
adding Subsection (d) to read as follows:
(d) A permitted supplier or bonded user that determines
taxes were erroneously reported or that paid more taxes than were
due this state because of a mistake of fact or law may take a
credit on the supplier or bonded user tax report on which the error
has occurred and tax payment made to the comptroller. The credit
must be taken before the expiration of the applicable period of
limitation as provided by Chapter 111.
(7) Amend SECTION 46(a) to read as follows:
(a) Except as provided by Subsections (b) and (c) of this
section, this Act takes effect September 1, 1997.
(8) Add the following to the end of SECTION 46.
(c) Sections 111.107, 153.119(e), 153.1195(e), 153.121(d),
153.2225(e), and 153.224, Tax Code, as amended or added by this
Act, take effect October 1, 1997, and apply to gasoline or diesel
fuel acquired on or after that date. Gasoline or diesel fuel
acquired before that date is governed by the law in effect when the
gasoline or diesel fuel was acquired and that law is continued in
effect for the collection or refund of taxes.
(9) Renumber the SECTIONS of the bill appropriately and
renumber the section references in SECTION 46(b) appropriately to
reflect the renumbering of SECTIONS.