CS C.S.S.B. 461 75(R)    BILL ANALYSIS


WAYS & MEANS
C.S.S.B. 461
By: Moncrief (Maxey)
4-28-97
Committee Report (Substituted)



BACKGROUND 

Subchapter A, Chapter 111, Tax Code (Collection Procedures), provides for
the collection duties and powers of the comptroller.  According to the
December 1996 Texas Performance Review, Disturbing The Peace, the
Comptroller's Audit Division produced $361.4 million in audit assessments
during fiscal 1996. The comptroller's office maintains 34 enforcement
field offices in the state, including seven taxpayers service offices.
During fiscal 1996, the Enforcement Division collected $486 million for
the state in delinquent payments. 

Along with its field staff, the comptroller's office utilizes
sophisticated technology and statistical techniques such as sampling and
regression analysis to help auditors recover tax revenues legally due to
the state. Advance tax compliance techniques, involving the creation and
use of large databases linking information from various sources, are also
used.  By comparing tax files with other data sources, a determination of
owed taxes can be made.  As the state's economy becomes more complex and
diversified, the need for cutting-edge technology, employing the latest
audit techniques, becomes more pressing. 

PURPOSE

This bill would enact 1996 Texas Performance Review Recommendation FR17 to
allow the comptroller to contract with vendors on a contingency basis to
create an advanced database system to enhance state tax collections.  The
bill also allows the comptroller to contract with private companies on a
contingency basis to perform out of state audits in states without
comptroller field offices. 

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.   Subchapter A, Chapter 111, Tax Code, is amended by adding
Sections 111.0035   and 111.0036 to read as follows: 

 Sec. 111.0035.  ADVANCED DATABASE SYSTEM.
(a)  Allows the Comptroller to contract with an appropriate vendor to
develop and implement a database system to enhance tax collections. 

(b)  Allows the vendor to be compensated through a contingency fee, which
would be determined from a percentage of the amount gained to the state
treasury through database enhanced audits and the enforcement actions
taken for the identified cases.  

(c)  Specifies that the amount of this compensation is not to exceed an
amount stated in the contract. 

(d)  Allows the comptroller to pay a vendor under this section at the
times  specified in the contract.  Establishes that the payments shall be
based on the amount that becomes final during the period covered by the
payment, and is not subject to litigation. 

 (e)  Requires the comptroller to pay vendors through warrants or
electronic funds transfers.  Also requires the comptroller to amount for
the compensation as a subtraction from tax collections and not as a
general expense of the comptroller. 

(f)  Requires the comptroller to use competitive bidding to award such
contracts. Also requires the comptroller to report instances of 3 or fewer
bids to the Legislative Budget Board prior to awarding the contract. 

(g)  Allows the comptroller to enter into separate contracts with
additional vendors to develop and implement advanced database systems at
the same rate and under the same terms and conditions as the contract
awarded through competitive bidding. 

 (h)  Allows the comptroller to include any term or condition the
comptroller deems necessary in a contract under this section. 

(i)  Requires the comptroller to report semiannually to the Legislative
Budget Board: 1) the amount of revenue collected under this section; and
2) the amount of compensation awarded to a vendor under this section. 

(j)  Establishes that a person acting on behalf of this state under a
contract under this section does not exercise any of the sovereign power
of this state, except that the person is an agent of this state for
purposes of developing and implementing an advanced database system to
enhance tax collections. 

(k)  Allows the comptroller to provide confidential taxpayer information
to a person acting on behalf of the state under a contract authorized by
this section. Provides that recipients of confidential information under
this subsection  are subject to the same prohibition against disclosure as
the comptroller, and are subject to the same penalties. 

  Sec. 111.0036.  OUT-OF-STATE AUDITS.
a)  Allows the Comptroller to contract with appropriate vendor(s) to
perform tax audits in any state that is not covered by a comptroller field
office, and allows the contract to cover more than one state. 

(b)  Allows the vendor to be compensated through a contingency fee, which
would be determined from a percentage stated in the contract, and the
amount of revenue collected by the comptroller after al available
administrative and judicial appeals are exhausted.  

(c)  Specifies 12% as the maximum amount of compensation.  And specifies
that the amount of this compensation is not to exceed an amount stated in
the contract. 

(d)  Allows the comptroller to pay a person under this section at the
times specified in the contract.  Establishes that the payments shall be
based on the amount that becomes final during the period covered by the
payment, and is not subject to litigation. 

 (e)  Requires the comptroller to pay the contractors through warrants or
electronic funds transfers.  Also requires the comptroller to amount for
the compensation as a subtraction from tax collections and not as a
general expense of the comptroller. 

(f)  Requires the comptroller to use competitive bidding to award such
contracts. Also requires the comptroller to report instances of 3 or fewer
bids to the  Legislative Budget Board prior to awarding the contract. 

(g)  Allows the comptroller to enter into separate contracts with
additional persons to perform tax audits in other states that are not
covered by  comptroller field offices at the same rate and under the same
terms and conditions as the contract awarded through competitive bidding. 

 (h)  Requires the comptroller to report semiannually to the Legislative
Budget Board: 1) the amount of revenue collected under this section; and
2) the amount of compensation awarded to a contract auditor under this
section. 

(i)  Establishes that a person acting on behalf of this state under a
contract under this section does not exercise any of the sovereign power
of this state, except that the person is an agent of this state for
purposes of performing tax audits. 

(j)  Allows the comptroller to provide confidential taxpayer information
to a person acting on behalf of the state under a contract authorized by
this section. Provides that recipients of confidential information under
this subsection  are subject to the same prohibition against disclosure as
the comptroller, and are subject to the same penalties. 

SECTION 2.Establishes that initial contracts made under this Act, shall
terminate on August 31, 1999.  The comptroller may extend an initial
contract for one or more additional terms beyond that date. 

SECTION 3.Provides that the revenue resulting from tax audits by persons
that have contracted with the comptroller is appropriated to the
comptroller for the biennium ending August 31, 1999.  Provides that the
comptroller may only use the revenue to pay contract expenses and the
comptroller's direct administrative costs associated with those contracts.
Any additional revenue shall be transferred to the general revenue fund,
or other dedicated or special funds to which the excess amount belongs. 

SECTION 4.Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B 461 adds provisions stating that a person acting on behalf of the
state under a contract authorized by this Act, does not exercise any of
the sovereign power of this state, except that the person is an agent of
this state for purposes of developing and implementing an advanced
database system to enhance tax collections, or for the purposes of
performing tax audits. 

C.S.S.B 461 also adds language relating to the privacy of taxpayer
information.  It provides that contract agents are subject to the same
penalties for taxpayer privacy violations as the Comptroller. 

C.S.S.B 461 also limits the compensation of contract agents for out of
state audits to 12% of the taxes collected, after all administrative and
judicial appeals are exhausted. 

C.S.S.B 461 also deletes the provision expiring the section on September
1, 2001.