AN ACT

 1-1     relating to the administration, collection, and enforcement by the

 1-2     comptroller of public accounts of various taxes and fees.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subdivision (8), Section 101.003, Tax Code, as

 1-5     amended by Section 1.01, Chapter 486, and Section 3.27, Chapter

 1-6     685, Acts of the 73rd Legislature, 1993, is reenacted to read as

 1-7     follows:

 1-8                 (8)  "Taxpayer" means a person liable for a tax, fee,

 1-9     assessment, or other amount imposed by a statute or under the

1-10     authority of a statutory function administered by the comptroller.

1-11           SECTION 2.  Subsection (a), Section 111.0047, Tax Code, as

1-12     amended by Section 4.08, Chapter 107, and Section 32, Chapter 284,

1-13     Acts of the 73rd Legislature, 1993, is amended to read as follows:

1-14           (a)  If a person fails to comply with any provision of this

1-15     title[, with any provision of Chapter 466, Government Code,] or

1-16     with a rule of the comptroller adopted under this title [or Chapter

1-17     466, Government Code], the comptroller, after a hearing, may revoke

1-18     or suspend any permit or license issued to the person.

1-19           SECTION 3.  Subsection (a), Section 111.0048, Tax Code, as

1-20     amended by Section 4.09, Chapter 107, and Section 33, Chapter 284,

1-21     Acts of the 73rd Legislature, 1993, is amended to read as follows:

1-22           (a)  A new permit or license may not be issued to a former

1-23     holder of a revoked permit or license unless the comptroller is

 2-1     satisfied that the person will comply with the provisions of this

 2-2     title [and Chapter 466, Government Code] and the rules of the

 2-3     comptroller relating to this title [and Chapter 466, Government

 2-4     Code].

 2-5           SECTION 4.  (a)  Subsection (a), Section 111.006, Tax Code,

 2-6     is amended to conform to Section 1, Chapter 175, Acts of the 74th

 2-7     Legislature, 1995, and Section 4, Chapter 351, Acts of the 74th

 2-8     Legislature, 1995, to read as follows:

 2-9           (a)  The [Except as provided by Subsection (d), the]

2-10     following matter is confidential and may not be used publicly,

2-11     opened to public inspection, or disclosed except as permitted under

2-12     Subsection (b), [or] (d), or (e):

2-13                 (1)  a federal tax return or federal tax return

2-14     information required to have been submitted to the comptroller with

2-15     a state tax return or report; and

2-16                 (2)  all information secured, derived, or obtained by

2-17     the comptroller or the attorney general during the course of an

2-18     examination of the taxpayer's books, records, papers, officers, or

2-19     employees, including an examination of the business affairs,

2-20     operations, source of income, profits, losses, or expenditures of

2-21     the taxpayer.

2-22           (b)  Subsection (d), Section 111.006, Tax Code, as added by

2-23     Section 4, Chapter 351, Acts of the 74th Legislature, 1995, is

2-24     relettered as Subsection (e), Section 111.006, Tax Code.

2-25           SECTION 5.  Section 111.018, Tax Code, is amended by adding

 3-1     Subsection (c) to read as follows:

 3-2           (c)  Publication in a newspaper of a notice of sale of seized

 3-3     property under Subsection (b)(4) is not required if the estimated

 3-4     value of the property to be sold is less than $40,000.  The

 3-5     comptroller may notify potential buyers of seized property the

 3-6     value of which is estimated to be less than $40,000 by any means

 3-7     reasonable and cost-effective to the state under the circumstances.

 3-8           SECTION 6.  Subsection (b), Section 111.061, Tax Code, is

 3-9     amended to read as follows:

3-10           (b)  Except where another penalty for fraud or intent to

3-11     evade the tax is specifically provided, an additional penalty of 50

3-12     percent of the tax due shall be imposed if it is determined that:

3-13                 (1)  the failure to pay the tax or file a report when

3-14     due was a result of fraud or an intent to evade the tax; or

3-15                 (2)  the taxpayer alters, destroys, or conceals any

3-16     record, document, or thing, or presents to the comptroller any

3-17     altered or fraudulent record, document, or thing, or otherwise

3-18     engages in fraudulent conduct, for the apparent purpose of

3-19     affecting the course or outcome of an audit, investigation,

3-20     redetermination, or other proceeding before the comptroller[, an

3-21     additional penalty of 50 percent of the tax due shall be imposed].

3-22           SECTION 7.  Section 111.107, Tax Code, is amended to read as

3-23     follows:

3-24           Sec. 111.107.  When Refund or Credit is Permitted.  Except as

3-25     otherwise expressly provided, a person may request a refund or a

 4-1     credit or the comptroller may make a refund or issue a credit for

 4-2     the overpayment of a tax imposed by this title at any time before

 4-3     the expiration of the period during which the comptroller may

 4-4     assess a deficiency for the tax and not thereafter unless the

 4-5     refund or credit is requested:

 4-6                 (1)  under Subchapter B of Chapter 112  and the refund

 4-7     is made or the credit is issued under a court order;

 4-8                 (2)  under the provision of Section 111.104(c)(3)

 4-9     applicable to a refund claim filed after a jeopardy or deficiency

4-10     determination becomes final;

4-11                 (3)  under Chapter 153, except Section 153.1195(e),

4-12     153.121(d), 153.2225(e), or 153.224(d); or

4-13                 (4)  under Section 151.318(g) or (n).

4-14           SECTION 8.  Subsection (f), Section 111.206, Tax Code, is

4-15     amended to read as follows:

4-16           (f)  In this section:

4-17                 (1)  "Federal[, "federal] regulatory agency" includes

4-18     the United States Internal Revenue Service.

4-19                 (2)  "Administrative proceeding" includes an audit by

4-20     the United States Internal Revenue Service.

4-21           SECTION 9.  Section 112.060, Tax Code, is amended by amending

4-22     Subsections (a), (b), and (d) and adding Subsection (e) to read as

4-23     follows:

4-24           (a)  If a suit under this subchapter results in a final

4-25     determination that all or part of the money paid under protest was

 5-1     unlawfully demanded by the public official and belongs to the

 5-2     taxpayer, the comptroller [treasurer] shall credit the proper

 5-3     amount, with the pro rata interest earned on that amount, against

 5-4     any other amount finally determined to be due to the state from the

 5-5     taxpayer according to information in the custody of the comptroller

 5-6     [treasurer] and shall refund the remainder by the issuance of a

 5-7     refund warrant.

 5-8           (b)  A refund warrant shall be written and signed by the

 5-9     comptroller [and countersigned by the treasurer].

5-10           (d)  The comptroller shall issue each tax refund warrant and

5-11     [treasurer shall return to the comptroller each tax refund warrant

5-12     issued, and the comptroller] shall deliver it to the person

5-13     entitled to receive it.

5-14           (e)  The comptroller may not refund an amount of tax to a

5-15     taxpayer or person who collects taxes from another person unless

5-16     the taxpayer or person refunds all the taxes to the person from

5-17     whom the taxes were collected.

5-18           SECTION 10.  Subsection (b), Section 113.006, Tax Code, is

5-19     amended to read as follows:

5-20           (b)  One tax lien notice is sufficient to cover all taxes of

5-21     the same nature, including penalty and interest computed by

5-22     reference to the amount of tax, that may have accrued before or

5-23     [accrue] after the filing of the notice.

5-24           SECTION 11.  Section 151.0035, Tax Code, is amended to read

5-25     as follows:

 6-1           Sec. 151.0035.  "DATA PROCESSING SERVICE."  "Data processing

 6-2     service" includes word processing, data entry, data retrieval, data

 6-3     search, information compilation, payroll and business accounting

 6-4     data production, and other computerized data and information

 6-5     storage or manipulation.  "Data processing service" also includes

 6-6     the use of a computer or computer time for data processing whether

 6-7     the processing is performed by the provider of the computer or

 6-8     computer time or by the purchaser or other beneficiary of the

 6-9     service.  "Data processing service" does not include the

6-10     transcription of medical dictation by a medical transcriptionist.

6-11           SECTION 12.  Subsection (b), Section 151.0047, Tax Code, is

6-12     amended by adding Subdivision (3) to read as follows:

6-13                 (3)  "New product" means a product that:

6-14                       (A)  has different product properties and a

6-15     different commercial application than the product previously

6-16     manufactured or processed by the production unit that produced the

6-17     previous product; and

6-18                       (B)  is not created by straining or purifying an

6-19     existing product or by making cosmetic changes, such as adding or

6-20     removing color or odor, to or from an existing product.

6-21           SECTION 13.  Subsection (c), Section 151.0048, Tax Code, is

6-22     amended to read as follows:

6-23           (c)  In this section, "contractor" means a person who makes

6-24     an improvement on real estate and who, as a necessary or incidental

6-25     part of the service, incorporates tangible personal property into

 7-1     the property improved.  The term includes a builder, developer,

 7-2     speculative builder, or other person acting as a builder to improve

 7-3     residential real property.

 7-4           SECTION 14.  Subsection (c), Section 151.007, Tax Code, is

 7-5     amended to read as follows:

 7-6           (c)  "Sales price" or "receipts" does not include any of the

 7-7     following if separately identified to the customer by such means as

 7-8     an invoice, billing, sales slip or ticket, or contract:

 7-9                 (1)  a cash discount allowed on the sale;

7-10                 (2)  the amount charged for tangible personal property

7-11     returned by a customer if the total amount charged is refunded by

7-12     cash or credit;

7-13                 (3)  a refund of the charges for the performance of a

7-14     taxable service;

7-15                 (4)  finance, carrying and service charges, or interest

7-16     from credit extended on sales of taxable items under a conditional

7-17     sales contract or other contract providing for the deferred payment

7-18     of the purchase price;

7-19                 (5)  the value of tangible personal property that:

7-20                       (A)  is taken by a seller in trade as all or part

7-21     of the consideration for a sale of a taxable item; and

7-22                       (B)  is of a type of property sold by the seller

7-23     in the regular course of business;

7-24                 (6)  the face value of United States coin or currency

7-25     in a sale of that coin or currency in which the total consideration

 8-1     given by the purchaser exceeds the face value of the coin or

 8-2     currency; or

 8-3                 (7)  a voluntary gratuity or a reasonable mandatory

 8-4     charge for the service of a meal or food products, including soft

 8-5     drinks and candy, for immediate human consumption when the service

 8-6     charge is separated from the sales price of the meal or food

 8-7     product and identified as a gratuity or tip and when the total

 8-8     amount of the service charge is disbursed by the employer to

 8-9     employees who customarily and regularly provide the service.

8-10           SECTION 15.  Subchapter A, Chapter 151, Tax Code, is amended

8-11     by adding Section 151.01032 to read as follows:

8-12           Sec. 151.01032.  "TELEPHONE PREPAID CALLING CARD."

8-13     "Telephone prepaid calling card" means a card or other item,

8-14     including an access code, that represents the right to make one or

8-15     more telephone calls for which payment is made in incremental

8-16     amounts and before the call is initiated.  The term "telephone

8-17     prepaid calling card" does not include a card sold by mechanical

8-18     means for consideration of one dollar or less.

8-19           SECTION 16.  Section 151.009, Tax Code, is amended to read as

8-20     follows:

8-21           Sec. 151.009.  "Tangible Personal Property".  "Tangible

8-22     personal property" means personal property that can be seen,

8-23     weighed, measured, felt, or touched or that is perceptible to the

8-24     senses in any other manner, and, for the purposes of this chapter,

8-25     the term includes a computer program and a telephone prepaid

 9-1     calling card.

 9-2           SECTION 17.  Section 151.0103, Tax Code, is amended to read

 9-3     as follows:

 9-4           Sec. 151.0103.  Telecommunications Services.  For the

 9-5     purposes of this title only, "telecommunications services" means

 9-6     the electronic or electrical transmission, conveyance, routing, or

 9-7     reception of sounds, signals, data, or information utilizing wires,

 9-8     cable, radio waves, microwaves, satellites, fiber optics, or any

 9-9     other method now in existence or that may be devised, including but

9-10     not limited to long-distance telephone service.  The term does not

9-11     include:

9-12                 (1)  the [The] storage of data or information for

9-13     subsequent retrieval or the processing, or reception and

9-14     processing, of data or information intended to change its form or

9-15     content; or

9-16                 (2)  the sale or use of a telephone prepaid calling

9-17     card. [are not included in "telecommunications services."]

9-18           SECTION 18.  Section 151.057, Tax Code, is amended to read as

9-19     follows:

9-20           Sec. 151.057.  SERVICES BY EMPLOYEES.  The following services

9-21     are not taxable under this chapter:

9-22                 (1)  a [A]  service performed by an employee for his

9-23     employer in the regular course of business, within the scope of the

9-24     employee's duties, and for which the employee is paid his regular

9-25     wages or salary;[, or]

 10-1                (2)  a service performed by a temporary help service

 10-2    for an employer to supplement the employer's existing work force on

 10-3    a temporary basis, when the service is normally performed by the

 10-4    employer's own employees, the employer provides all supplies and

 10-5    equipment necessary, and the help is under the direct or general

 10-6    supervision of the employer to whom the help is furnished; or

 10-7                (3)  a service performed by assigned employees of a

 10-8    staff leasing company for a client company under a written contract

 10-9    that provides for shared employment responsibilities between the

10-10    staff leasing company and the client company for the assigned

10-11    employees, most of whom must have been previously employed by the

10-12    client company.  The comptroller shall prescribe by rule the

10-13    minimum percentage of assigned employees that must have been

10-14    previously employed by the client company, the minimum time period

10-15    the assigned employees must have been employed by the client

10-16    company prior to the commencement of its contract, and such other

10-17    criteria as the comptroller may deem necessary to properly

10-18    implement this section[, is not taxable under this chapter].

10-19          SECTION 19.  Section 151.154, Tax Code, is amended by adding

10-20    Subsection (f) to read as follows:

10-21          (f)  A purchaser who issues a resale certificate for the

10-22    purchase of a taxable item is liable for payment of the sales tax

10-23    on the purchase price of the taxable item if the purchaser uses the

10-24    item as a part of the excludable consideration on the purchase of

10-25    another taxable item.

 11-1          SECTION 20.  Subsection (c), Section 151.310, Tax Code, is

 11-2    amended to read as follows:

 11-3          (c)  An organization that qualifies for an exemption under

 11-4    Subsection (a)(1) or (a)(2) of this section, and each bona fide

 11-5    chapter of the organization, may hold two tax-free sales or

 11-6    auctions under this subsection during a calendar year and each

 11-7    tax-free sale or auction may continue for one day only.  The sale

 11-8    of a taxable item the sales price of which is $5,000 or less by a

 11-9    qualified organization or chapter of the organization at a tax-free

11-10    sale or auction is exempted from the sales tax imposed by

11-11    Subchapter C of this chapter.  The storage, use, or consumption of

11-12    a taxable item that is acquired from a qualified organization or

11-13    chapter of the organization at a tax-free sale or auction and that

11-14    is exempted under this subsection from the taxes imposed by

11-15    Subchapter C of this chapter is exempted from the use tax imposed

11-16    by Subchapter D of this chapter until the item is resold or

11-17    subsequently transferred.

11-18          SECTION 21.  Subdivision (2), Subsection (c), Section

11-19    151.317, Tax Code, is amended to read as follows:

11-20                (2)  "Commercial use" means use by a person engaged in

11-21    selling, warehousing, or distributing a commodity or a professional

11-22    or personal service, but does not include:

11-23                      (A)  use by a person engaged in:

11-24                            (i)  processing tangible personal property

11-25    for sale as tangible personal property, other than preparation or

 12-1    storage of food for immediate consumption;

 12-2                            (ii)  exploring for, producing, or

 12-3    transporting, a material extracted from the earth;

 12-4                            (iii)  agriculture, including dairy or

 12-5    poultry operations and pumping for farm or ranch irrigation;

 12-6                            (iv)  electrical processes such as

 12-7    electroplating, electrolysis, and cathodic protection; [or]

 12-8                            (v)  the off-wing processing, overhaul, or

 12-9    repair of a jet turbine engine or its parts for a certificated or

12-10    licensed carrier of persons or property; or

12-11                            (vi)  providing, under contracts with or on

12-12    behalf of the United States government or foreign governments,

12-13    defense or national security-related electronics, classified

12-14    intelligence data processing and handling systems, or

12-15    defense-related platform modifications or upgrades; or

12-16                      (B)  a direct or indirect use, consumption, or

12-17    loss of electricity by an electric utility engaged in the purchase

12-18    of electricity for resale.

12-19          SECTION 22.  Section 151.318, Tax Code, is amended by adding

12-20    Subsection (r) to read as follows:

12-21          (r)  For the purposes of this section, the manufacturing of

12-22    computer software begins with the design and writing of the code or

12-23    program for the software and includes the testing or demonstration

12-24    of the software.

12-25          SECTION 23.  Subsections (a) and (c), Section 151.321, Tax

 13-1    Code, are amended to read as follows:

 13-2          (a)  A taxable item sold by a qualified student organization

 13-3    and for which the sales price is $5,000 or less is exempted from

 13-4    the taxes imposed by Subchapter C if the student organization:

 13-5                (1)  sells the item [items] at a sale that may last for

 13-6    one day only and the primary purpose of which is to raise funds for

 13-7    the organization; and

 13-8                (2)  holds not more than one sale described by

 13-9    Subdivision (1) each month for which an [the] exemption is claimed

13-10    for an item sold.

13-11          (c)  A student organization must file with the comptroller a

13-12    certification issued by the institution, college, or university

13-13    described in Subsection (b)(1) showing that the organization is

13-14    affiliated with the institution, college, or university.  [The

13-15    certification is valid for two years after the date that the

13-16    comptroller receives it.]

13-17          SECTION 24.  Subsection (f), Section 151.330, Tax Code, is

13-18    amended to read as follows:

13-19          (f)  Services performed for use both within and outside this

13-20    state are exempt to the extent the services are for use outside

13-21    this state and made taxable on or after September 1, 1987.

13-22          SECTION 25.  Section 151.353, Tax Code, is amended by

13-23    amending Subsection (a) and adding Subsection (d) to read as

13-24    follows:

13-25          (a)  Court reporting services relating to the preparation of

 14-1    a document or other record in a civil or criminal suit by a notary

 14-2    public or a court reporter licensed by the State of Texas Court

 14-3    Reporters Certification Board are exempted from the taxes imposed

 14-4    by this chapter if the document is:

 14-5                (1)  prepared for the use of a person participating in

 14-6    a suit or the court in which a suit or administrative proceeding is

 14-7    brought; and

 14-8                (2)  sold to a person participating in the suit.

 14-9          (d)  Court reporting services by a video photographer who is

14-10    not a court reporter and who videotapes or films a deposition,

14-11    testimony, discovery document, or statement of fact pertaining to a

14-12    civil or criminal suit are exempted from the taxes imposed by this

14-13    chapter if the services are provided and sold as described by

14-14    Subsections (a)(1) and (2).

14-15          SECTION 26.  Section 152.001, Tax Code, is amended by

14-16    amending Subdivisions (2), (3), (4), and (15) and adding

14-17    Subdivisions (17), (18), and (19) to read as follows:

14-18                (2)  "Retail sale" means a sale of a motor vehicle

14-19    except:

14-20                      (A)  the [a] sale of a new motor vehicle in which

14-21    the purchaser is a franchised dealer who is authorized by law and

14-22    by franchise agreement to offer the vehicle for sale as a new motor

14-23    vehicle and [holds a general distinguishing number issued pursuant

14-24    to the terms of Article 6686, Revised Statutes,] who acquires the

14-25    [a] vehicle either for the exclusive purpose of sale in the manner

 15-1    provided by law or for purposes allowed under Chapter 503,

 15-2    Transportation Code [resale]; [or]

 15-3                      (B)  the [a] sale of a vehicle other than a new

 15-4    motor vehicle in which the purchaser is a dealer who holds a

 15-5    dealer's general distinguishing number issued under Chapter 503,

 15-6    Transportation Code, and who acquires the vehicle either for the

 15-7    exclusive purpose of resale in the manner provided by law or for

 15-8    purposes allowed under Chapter 503, Transportation Code; or

 15-9                      (C)  the sale to a franchised dealer of a new

15-10    motor vehicle removed from the franchised dealer's inventory for

15-11    the purpose of entering into a contract to lease the vehicle to

15-12    another person if, immediately after executing the lease contract,

15-13    the franchised dealer transfers title of the vehicle and assigns

15-14    the lease contract to the lessor of the vehicle [that is operated

15-15    under and in accordance with Article 6686, Revised Civil Statutes

15-16    of Texas, 1925, as amended].

15-17                (3)  "Motor Vehicle" includes:

15-18                      (A)  a self-propelled vehicle designed to

15-19    transport persons or property on a public highway;

15-20                      (B)  a trailer and semitrailer, including a van,

15-21    flatbed, tank, dumpster, dolly, jeep, stinger, auxiliary axle, or

15-22    converter gear; and

15-23                      (C)  a house trailer as defined by Chapter 501,

15-24    Transportation Code [the Certificate of Title Act (Article 6687-1,

15-25    Vernon's Texas Civil Statutes)].

 16-1                (4)  "Motor Vehicle" does not include:

 16-2                      (A)  a device moved only by human power;

 16-3                      (B)  a device used exclusively on stationary

 16-4    rails or tracks;

 16-5                      (C)  road-building machinery;

 16-6                      (D)  a mobile office;

 16-7                      (E)  a vehicle with respect to which the

 16-8    certificate of title has been surrendered in exchange for:

 16-9                            (i)  a salvage certificate issued pursuant

16-10    to Chapter 501, Transportation Code [the Certificate of Title Act

16-11    (Article 6687-1, Vernon's Texas Civil Statutes)];

16-12                            (ii)  a certificate of authority issued

16-13    pursuant to Chapter 683, Transportation Code [Article V, Chapter

16-14    741, Acts of the 67th Legislature, Regular Session, 1981 (Article

16-15    4477-9a, Vernon's Texas Civil Statutes)];

16-16                            (iii)  a nonrepairable motor vehicle

16-17    certificate of title issued pursuant to Chapter 501, Transportation

16-18    Code [Section 37A, Certificate of Title Act (Article 6687-1,

16-19    Vernon's Texas Civil Statutes), as added by H.B. No. 2151, Acts of

16-20    the 74th Legislature, Regular Session, 1995];

16-21                            (iv)  an ownership document issued by

16-22    another state if the document is comparable to a document issued

16-23    pursuant to Subparagraph (i), (ii), or (iii); or

16-24                      (F)  a vehicle that has been declared a total

16-25    loss by an insurance company pursuant to the settlement or

 17-1    adjustment of a claim.

 17-2                (15)  "Seller-financed sale" means a retail sale of a

 17-3    motor vehicle by a dealer licensed under Chapter 503,

 17-4    Transportation Code [Article 6686, Revised Statutes], in which the

 17-5    seller collects all or part of the total consideration in periodic

 17-6    payments and retains a lien on the motor vehicle until all payments

 17-7    have been received.  The term does not include a:

 17-8                      (A)  retail sale of a motor vehicle in which a

 17-9    person other than the seller provides the consideration for the

17-10    sale and retains a lien on the motor vehicle as collateral;

17-11                      (B)  lease; or

17-12                      (C)  rental.

17-13                (17)  "Lessor" means a person who acquires title to a

17-14    new motor vehicle for the purpose of leasing the vehicle to another

17-15    person.

17-16                (18)  "New motor vehicle" means a motor vehicle that,

17-17    without regard to mileage, has not been the subject of a retail

17-18    tax.

17-19                (19)  "Franchised dealer" has the meaning assigned the

17-20    term by Chapter 503, Transportation Code.

17-21          SECTION 27.  Subsection (a), Section 152.028, Tax Code, is

17-22    amended to read as follows:

17-23          (a)  A use tax is imposed on the operator of a motor vehicle

17-24    that was purchased tax-free under Section 152.092 [152.090] of this

17-25    code and that is brought back into this state for use on the public

 18-1    highways of this state.  The tax is imposed at the time the motor

 18-2    vehicle is brought back into this state.

 18-3          SECTION 28.  Section 152.0411, Tax Code, is amended by

 18-4    amending Subsections (a) and (e) and adding Subsection (f) to read

 18-5    as follows:

 18-6          (a)  Except as provided by this section, a [A] seller who

 18-7    makes a sale subject to the sales tax imposed by Section 152.021

 18-8    shall add the amount of the tax to the sales price, and when the

 18-9    amount of the tax is added:

18-10                (1)  it is a debt of the purchaser to the seller until

18-11    paid; and

18-12                (2)  if unpaid, it is recoverable at law in the same

18-13    manner as the original sales price.

18-14          (e)  This section applies only to a sale in which the seller

18-15    is a motor vehicle dealer who holds a dealer license issued under

18-16    Chapter 503, Transportation Code [pursuant to the authority of

18-17    Article 6686, Revised Statutes], or the Texas Motor Vehicle

18-18    Commission Code (Article 4413(36), Vernon's Texas Civil Statutes).

18-19          (f)  This section does not apply to the sale of a motor

18-20    vehicle with a gross weight in excess of 11,000 pounds.  The seller

18-21    of a motor vehicle with a gross weight in excess of 11,000 pounds

18-22    shall maintain records of the sale in the manner and form, and

18-23    containing the information, required by the comptroller.

18-24          SECTION 29.  Subsection (e), Section 152.063, Tax Code, is

18-25    amended to read as follows:

 19-1          (e)  For a retail sale for which the seller receives full

 19-2    payment at the time of sale, the seller shall keep, at the seller's

 19-3    principal office for at least four years from the date of the sale,

 19-4    documentation of complete payment in the form of:

 19-5                (1)  a copy of the payment instrument or a receipt for

 19-6    cash received; and

 19-7                (2)  a copy of the receipt for title application,

 19-8    registration, and motor vehicle tax issued by the county tax

 19-9    assessor-collector [or a written statement by the purchaser that:]

19-10                      [(A)  is signed and dated;]

19-11                      [(B)  indicates the date on which the seller

19-12    provided to the purchaser each of the documents necessary to apply

19-13    for the title, register the vehicle, and pay the motor vehicle

19-14    sales tax; and]

19-15                      [(C)  includes a statement that the seller

19-16    advised the purchaser that the purchaser must pay a tax to the

19-17    county tax assessor-collector].

19-18          SECTION 30.  Subsections (c), (d), and (e), Section 152.0635,

19-19    Tax Code, are amended to read as follows:

19-20          (c)  For retail sales paid in full at the time of sale, the

19-21    seller shall keep at the seller's principal office for at least

19-22    four years from the date of the sale documentation of complete

19-23    payment in the form of:

19-24                (1)  a copy of the payment instrument or a receipt for

19-25    cash received; and

 20-1                (2)  a copy of the receipt for title application,

 20-2    registration, and motor vehicle tax issued by the county tax

 20-3    assessor-collector [or a statement by the purchaser that is signed

 20-4    and dated and indicates the date that each of the documents

 20-5    necessary to apply for the title, register the vehicle, and pay the

 20-6    motor vehicle sales tax were provided to the purchaser by the

 20-7    seller].

 20-8          (d)  [The document required under Subsection (c)(2) shall

 20-9    also include a statement that the seller advised the purchaser that

20-10    the purchaser must pay a tax to the county tax assessor-collector.]

20-11          [(e)]  For sales for resale, the seller shall keep at the

20-12    seller's principal office for at least four years from the date of

20-13    the sale the purchaser's written statement of resale on a form

20-14    prescribed by the comptroller.

20-15          SECTION 31.  Subsection (d), Section 152.066, Tax Code, is

20-16    amended to read as follows:

20-17          (d)  Except in the case of the gross receipts tax, interest

20-18    begins to accrue on delinquent taxes 60 days after the day on which

20-19    the joint statement [affidavit] was executed.  Delinquent taxes on

20-20    gross rental receipts draw interest beginning 60 days from the due

20-21    date.

20-22          SECTION 32.  Subsection (b), Section 152.069, Tax Code, is

20-23    amended to read as follows:

20-24          (b)  The seller shall provide to the county tax

20-25    assessor-collector a joint statement [affidavit] as prescribed by

 21-1    Section 152.062 in lieu of the motor vehicle sales tax imposed by

 21-2    Section 152.021.  The statement [affidavit] shall include the

 21-3    seller's permit identification number issued by the comptroller.

 21-4          SECTION 33.  Subsections (b) and (g), Section 153.017, Tax

 21-5    Code, are amended to read as follows:

 21-6          (b)  An agreement may provide for:

 21-7                (1)  determining the base state for motor fuel users;

 21-8                (2)  user records requirements;

 21-9                (3)  audit procedures;

21-10                (4)  exchange of information;

21-11                (5)  persons eligible for tax licensing;

21-12                (6)  licensing and license revocation procedures,

21-13    permits, penalties, and fees;

21-14                (7)  defining qualified motor vehicles;

21-15                (8)  determining bonding procedures, types, and

21-16    amounts;

21-17                (9)  specifying reporting requirements and periods;

21-18                (10)  defining refund procedures and limitations,

21-19    including the payment of interest;

21-20                (11)  defining uniform penalties, fees, and interest

21-21    rates;

21-22                (12)  determining methods for collecting motor fuel

21-23    taxes and for collecting and forwarding [of] motor fuel taxes,

21-24    other than penalties, [and interest] due to another jurisdiction;

21-25                (13)  the temporary remittal of funds equal to the

 22-1    amount of the taxes[, penalties,] and interest due to another

 22-2    jurisdiction but not otherwise collected, subject to appropriation

 22-3    of funds for that purpose; and

 22-4                (14)  other provisions to facilitate the administration

 22-5    of the agreement.

 22-6          (g)  The comptroller may segregate in a separate fund or

 22-7    account the amount of motor fuel taxes, other than penalties,

 22-8    estimated to be due to other jurisdictions, motor fuel taxes [or

 22-9    otherwise] subject to refund during the fiscal year, [penalties and

22-10    interest on those taxes due other jurisdictions,] licensing fees,

22-11    and other costs collected under the agreement.  On a determination

22-12    of an amount held that is due to be remitted to another

22-13    jurisdiction, the comptroller may issue a warrant or make an

22-14    electronic transfer of the amount as necessary to carry out the

22-15    purposes of the agreement.  An auditing cost, membership fee, and

22-16    other cost associated with the agreement may be paid from interest

22-17    earned on funds segregated under this subsection.  Any interest

22-18    earnings in excess of the costs associated with the agreement shall

22-19    be credited to general revenue.

22-20          SECTION 34.  Subsection (e), Section 153.119, Tax Code, is

22-21    amended to read as follows:

22-22          (e)  A person who exports or loses by fire or other accident

22-23    100 or more gallons of gasoline on which the tax has been paid, or

22-24    sells gasoline in any quantity to the United States government for

22-25    the exclusive use of that government on which the tax has been

 23-1    paid, may file a claim for a refund of the net tax paid to the

 23-2    state in the manner provided by this chapter or as the comptroller

 23-3    may direct.  [A permitted distributor who establishes proof

 23-4    satisfactory to the comptroller of export, loss by accident, or

 23-5    sale to the United States, may take a credit for the net amount of

 23-6    the tax paid to the state on any subsequent monthly report and tax

 23-7    payment made to the comptroller within one year after the date of

 23-8    the exportation, loss, or sale.]

 23-9          SECTION 35.  Section  153.1195, Tax Code, is amended to read

23-10    as follows:

23-11          Sec. 153.1195.  [REFUNDS AND] CREDITS FOR BAD DEBTS.  (a)  A

23-12    permitted distributor may take a credit on the monthly report to be

23-13    filed with [against taxes to be remitted to] the comptroller [or

23-14    claim a refund on taxes paid to the comptroller] if:

23-15                (1)  the distributor has paid the taxes imposed by this

23-16    subchapter on gasoline sold on account;

23-17                (2)  the distributor determines that the account is

23-18    uncollectable and worthless; and

23-19                (3)  the account is written off as a bad debt on the

23-20    accounting books of the distributor.

23-21          (b)  The amount of the credit that may be taken [or refund

23-22    that may be claimed] under Subsection (a) of this section may equal

23-23    but may not exceed the amount of taxes paid on the gasoline to

23-24    which the written-off account applies.

23-25          (c)  If, after a credit is taken [or a refund is paid] under

 24-1    Subsection (a) of this section, the account on which the credit [or

 24-2    refund] was based is paid, or if the comptroller otherwise

 24-3    determines that the credit [or refund] was not authorized by

 24-4    Subsection (a) of this section, the unpaid taxes shall be paid by

 24-5    the distributor taking the credit [or to whom the refund was made],

 24-6    plus a penalty of 10 percent of the amount of the unpaid taxes and

 24-7    interest at the rate provided by Section 111.060 of this code

 24-8    beginning on the day that the credit was taken [or the refund was

 24-9    made].

24-10          (d)  This section does not apply to a sale of gasoline that

24-11    is delivered into the fuel supply tank of a motor vehicle or a

24-12    motorboat and for which payment is made through the use and

24-13    acceptance of a credit card.

24-14          (e)  A credit under this section must be taken before the

24-15    expiration of the applicable limitation period as provided by

24-16    Chapter 111 of this code.

24-17          SECTION 36.  Section 153.121, Tax Code, is amended by adding

24-18    Subsection (d) to read as follows:

24-19          (d)  A permitted distributor that determines taxes were

24-20    erroneously reported and remitted or that paid more taxes than were

24-21    due this state because of a mistake of fact or law may take a

24-22    credit on the monthly tax report on which the error has occurred

24-23    and tax payment made to the comptroller.  The credit must be taken

24-24    before the expiration of the applicable period of limitation as

24-25    provided by Chapter 111.

 25-1          SECTION 37.  Subsection (f), Section 153.206, Tax Code, is

 25-2    amended to read as follows:

 25-3          (f)  If diesel fuel is purchased, in a single delivery of

 25-4    5,000 gallons or more, or in lesser quantities where required by

 25-5    city ordinance, by any person for the purpose of resale, the

 25-6    seller, supplier [distributor], or broker shall sell the product to

 25-7    the retailer or any other person purchasing the product on the

 25-8    basis of temperature-corrected gallonage to 60 degrees Fahrenheit

 25-9    and the tax shall be computed and paid over to the state on the

25-10    temperature-corrected basis.  All other sales shall be reported to

25-11    the comptroller on the basis of gross or volumetric gallons of

25-12    taxable diesel fuel sold.

25-13          SECTION 38.  Section 153.2225, Tax Code, is amended to read

25-14    as follows:

25-15          Sec. 153.2225.  [REFUNDS AND] CREDITS FOR BAD DEBTS.  (a)  A

25-16    permitted supplier may take a credit on the monthly report to be

25-17    filed with [against taxes to be remitted to] the comptroller [or

25-18    claim a refund on taxes paid to the comptroller] if:

25-19                (1)  the supplier has paid the taxes imposed by this

25-20    subchapter on diesel fuel sold on account;

25-21                (2)  the supplier determines that the account is

25-22    uncollectable and worthless; and

25-23                (3)  the account is written off as a bad debt on the

25-24    accounting books of the supplier.

25-25          (b)  The amount of the credit that may be taken [or refund

 26-1    that may be claimed] under Subsection (a) of this section may equal

 26-2    but may not exceed the amount of taxes paid on the diesel fuel to

 26-3    which the written-off account applies.

 26-4          (c)  If, after a credit is taken [or a refund is paid] under

 26-5    Subsection (a) of this section, the account on which the credit [or

 26-6    refund] was based is paid, or if the comptroller otherwise

 26-7    determines that the credit [or refund] was not authorized by

 26-8    Subsection (a) of this section, the unpaid taxes shall be paid by

 26-9    the supplier taking the credit [or to whom the refund was made],

26-10    plus a penalty of 10 percent of the amount of the unpaid taxes and

26-11    interest at the rate provided by Section 111.060 of this code

26-12    beginning on the day that the credit was taken [or the refund was

26-13    made].

26-14          (d)  This section does not apply to a sale of diesel fuel

26-15    that is delivered into the fuel supply tank of a motor vehicle or

26-16    motorboat and for which payment is made through the use and

26-17    acceptance of a credit card.

26-18          (e)  A credit under this section must be taken before the

26-19    expiration of the applicable limitation period as provided by

26-20    Chapter 111 of this code.

26-21          SECTION 39.  Section 153.224, Tax Code, is amended by adding

26-22    Subsection (d) to read as follows:

26-23          (d)  A permitted supplier or bonded user that determines

26-24    taxes were erroneously reported or that paid more taxes than were

26-25    due this state because of a mistake of fact or law may take a

 27-1    credit on the supplier or bonded user tax report on which the error

 27-2    has occurred and tax payment made to the comptroller.  The credit

 27-3    must be taken before the expiration of the applicable period of

 27-4    limitation as provided by Chapter 111.

 27-5          SECTION 40.  Section 154.001, Tax Code, is amended to read as

 27-6    follows:

 27-7          Sec. 154.001.  DEFINITIONS.  In this chapter:

 27-8                (1)  "Bonded agent" means a person in this state who is

 27-9    an agent of a person outside this state and receives cigarettes in

27-10    interstate commerce and stores the cigarettes for distribution or

27-11    delivery to distributors under orders from the person outside this

27-12    state.

27-13                (2)  "Cigarette" means a roll for smoking:

27-14                      (A)  that is made of tobacco or tobacco mixed

27-15    with another ingredient and wrapped or covered with a material

27-16    other than tobacco; and

27-17                      (B)  that is not a cigar.

27-18                (3)  "Common carrier" means a motor carrier registered

27-19    under Chapter 643, Transportation Code [Article 6675c, Revised

27-20    Statutes], or a motor carrier operating under a certificate issued

27-21    by the Interstate Commerce Commission or a successor agency to the

27-22    Interstate Commerce Commission.

27-23                (4)  "Consumer" means a person who possesses cigarettes

27-24    for personal consumption.

27-25                (5)  "Counterfeit stamp" means a sticker, label, print,

 28-1    tag, or token that is used or is intended to be used to simulate a

 28-2    stamp and that is not authorized or issued by the comptroller

 28-3    [treasurer].

 28-4                (6)  "Distributor" means a person who:

 28-5                      (A)  is authorized to purchase for the purpose of

 28-6    making a first sale in this state cigarettes in unstamped packages

 28-7    from manufacturers who distribute cigarettes in this state and to

 28-8    stamp cigarette packages;

 28-9                      (B)  ships, transports, imports into this state,

28-10    acquires, or possesses cigarettes and makes a first sale of the

28-11    cigarettes in this state; [or]

28-12                      (C)  manufactures or produces cigarettes; or

28-13                      (D)  is an importer or import broker.

28-14                (7)  "Export warehouse" means a person in this state

28-15    who receives cigarettes in unstamped packages from manufacturers

28-16    and stores the cigarettes for the purpose of making sales to

28-17    authorized persons for resale, use, or consumption outside the

28-18    United States.

28-19                (8)  "First sale" means, except as otherwise provided

28-20    by this chapter:

28-21                      (A)  the first transfer of possession in

28-22    connection with a purchase, sale, or any exchange for value of

28-23    cigarettes in intrastate commerce;

28-24                      (B)  the first use or consumption of cigarettes

28-25    in this state; or

 29-1                      (C)  the loss of cigarettes in this state whether

 29-2    through negligence, theft, or other unaccountable loss.

 29-3                (9)  "Importer" or "import broker" means a person who

 29-4    ships, transports, or imports into this state cigarettes

 29-5    manufactured or produced outside the United States for the purpose

 29-6    of making a first sale in this state.

 29-7                (10) [(8)]  "Individual package of cigarettes" means a

 29-8    package that contains not fewer than 10 cigarettes[:]

 29-9                      [(A)  the smallest package of cigarettes

29-10    ordinarily manufactured for sale; or]

29-11                      [(B)  any size package of cigarettes taxed by the

29-12    United States].

29-13                (11) [(9)]  "Manufacturer" means a person who

29-14    manufactures and sells cigarettes to a distributor.

29-15                (12) [(10)]  "Manufacturer's representative" means a

29-16    person employed by a manufacturer to sell or distribute the

29-17    manufacturer's stamped cigarette packages.

29-18                (13) [(11)]  "Permit holder" means a bonded agent,

29-19    distributor, wholesaler, or retailer required to obtain a permit

29-20    under Section 154.101.

29-21                (14) [(12)]  "Place of business" means:

29-22                      (A)  a commercial business location [place] where

29-23    cigarettes are sold;

29-24                      (B)  a commercial business location [place] where

29-25    cigarettes are kept for sale or consumption or otherwise stored; or

 30-1                      (C)  a vehicle from which cigarettes are sold.

 30-2                (15) [(13)]  "Previously used stamp" means a stamp that

 30-3    has been used to show payment of a tax imposed by this chapter and

 30-4    is again used, sold, or possessed for sale or use to show payment

 30-5    of a tax imposed by this chapter.

 30-6                (16) [(14)]  "Retailer" means a person who engages in

 30-7    the practice of selling cigarettes to consumers and includes the

 30-8    owner of a coin-operated cigarette vending machine.

 30-9                (17) [(15)]  "Stamp" includes only a stamp that:

30-10                      (A)  is printed, manufactured, or made by

30-11    authority of the comptroller [treasurer];

30-12                      (B)  shows payment of the tax imposed by this

30-13    chapter; and

30-14                      (C)  is consecutively numbered and uniquely

30-15    identifiable as a Texas tax stamp.

30-16                (18) [(16)]  "Wholesaler" means a person, including a

30-17    manufacturer's representative, who sells or distributes cigarettes

30-18    in this state for resale but who is not a distributor.

30-19          SECTION 41.  The heading of Subchapter C, Chapter 154, Tax

30-20    Code, is amended to read as follows:

30-21                  SUBCHAPTER C.  TAX STAMPS [AND METERS]

30-22          SECTION 42.  Section 154.050, Tax Code, is amended to read as

30-23    follows:

30-24          Sec. 154.050.  PAYMENT.  (a)  The comptroller [treasurer]

30-25    shall require that payment in full for stamps [or meter settings]

 31-1    be made within 30 days after the date stamps [or a set meter] and

 31-2    an accompanying invoice from the comptroller [treasurer] are

 31-3    received by the distributor, except that at the close of each

 31-4    biennium, payment for stamps [or meter settings] purchased or

 31-5    received on or before August 31 of that fiscal year shall be made

 31-6    in full on or before August 31 of that fiscal year, providing that

 31-7    such payment be received in the office of the comptroller

 31-8    [treasurer] no later than August 31 of that fiscal year

 31-9    notwithstanding any other statute regarding tax due dates to the

31-10    contrary.

31-11          (b)  The comptroller [treasurer] may not ship stamps [or set

31-12    a meter] without advance payment under this section unless the

31-13    distributor has satisfied all requirements imposed under Section

31-14    154.051 [of this code].

31-15          (c)  Payment for stamps [or meter settings] must be made by

31-16    cashier's check payable to the comptroller [treasurer], electronic

31-17    funds transfer to the comptroller [treasurer], or any other method

31-18    of payment authorized by the comptroller [treasurer].

31-19          (d)  The dishonor of a check delivered to the comptroller

31-20    [treasurer] for payment of stamps constitutes a failure to pay the

31-21    tax when due.

31-22          SECTION 43.  Subsections (a), (b), (c), (e) through (k), (n),

31-23    and (o), Section 154.051, Tax Code, are amended to read as follows:

31-24          (a)  The cigarette tax recovery trust fund is a private trust

31-25    fund established outside the state treasury and as provided by this

 32-1    section secures the payment of cigarette taxes by distributors who

 32-2    contribute to the fund.  The fund is composed of the total amount

 32-3    in the separate accounts maintained in trust for all contributing

 32-4    distributors as provided by this section.  The assets of the fund,

 32-5    including interest earned by those assets, are to be held in trust

 32-6    for the benefit and protection of the state treasury, and may not

 32-7    be diverted, distributed, or appropriated for any purpose other

 32-8    than as provided by this section.  Interest earned by a

 32-9    distributor's account but not yet refunded to the distributor

32-10    pursuant to Subsection (d) shall, on a monthly basis, be paid to

32-11    the comptroller [treasurer] as provided by Subsection (b) or

32-12    credited to the distributor's account.

32-13          (b)  The comptroller [treasurer] is the trustee of the fund

32-14    as provided by Section 404.073, Government Code, and shall manage

32-15    the fund as provided by this section.  In investing the assets of

32-16    the fund, the comptroller [treasurer] has the obligations, duties,

32-17    and powers provided for the investment of state funds by Sections

32-18    404.021 through 404.0245 [404.025], Government Code, and by the

32-19    orders of the State Depository Board.  The comptroller [treasurer]

32-20    shall receive five percent of the interest earned on all assets of

32-21    the fund as compensation for serving as trustee of the fund.

32-22          (c)  A distributor who orders stamps [or requests a meter

32-23    setting] from the comptroller [state treasurer] under this chapter

32-24    without advance payment shall contribute to an account maintained

32-25    in the distributor's name in the fund money in the amount of each

 33-1    allowance [discount] to which the distributor is entitled under

 33-2    Section 154.052 [of this code].  When the money in the

 33-3    distributor's account equals 20 percent of the designated amount of

 33-4    stamps [and meter setting] requested by the distributor and

 33-5    approved by the comptroller [treasurer] to be purchased in any one

 33-6    month, the distributor's interest in the fund becomes vested.

 33-7          (e)  Until a distributor who orders stamps [or requests a

 33-8    meter setting] without advance payment acquires a vested interest

 33-9    in the fund, the comptroller [treasurer] may require the

33-10    distributor to post with the comptroller [treasurer] an irrevocable

33-11    letter of credit drawn in the form and amount specified by the

33-12    comptroller [treasurer] to secure the payment of cigarette taxes by

33-13    that distributor.  The comptroller [treasurer] may not ship stamps

33-14    to [or set a meter for] a distributor not having a vested interest

33-15    in the fund without advance payment until the distributor posts the

33-16    required letter of credit.

33-17          (f)  In addition to any other requirement under this section,

33-18    the comptroller [treasurer] as a condition for shipping stamps [or

33-19    setting a meter] without advance payment may:

33-20                (1)  require a fiscal-year-end financial statement,

33-21    including a balance sheet and income statement verifiable as to its

33-22    accuracy or other financial information acceptable to the

33-23    comptroller [treasurer] and verifiable as to its accuracy;

33-24                (2)  require indemnification from each officer,

33-25    director, and stockholder owning 10 percent or more of outstanding

 34-1    stock, if the distributor is a corporation, from each partner, if

 34-2    the distributor is a partnership, from each member or owner of a

 34-3    joint venture or syndication, and from the owner of a sole

 34-4    proprietorship;

 34-5                (3)  require the distributor to obtain and provide the

 34-6    comptroller [treasurer] with a credit report from a credit

 34-7    reporting agency acceptable to the comptroller [treasurer];

 34-8                (4)  require a distributor to increase the balance in

 34-9    its account in the fund;

34-10                (5)  require a distributor to post a letter of credit;

34-11                (6)  reduce a distributor's credit time or amount; or

34-12                (7)  take any other reasonable and necessary action to

34-13    protect the state treasury from loss due to the nonpayment of

34-14    cigarette taxes.

34-15          (g)  If a distributor who has an account in the fund fails to

34-16    pay in full a tax imposed by this chapter by the due date, the

34-17    comptroller [treasurer], without prior notice to the distributor or

34-18    any other preliminary procedure, may seize any unaffixed stamps and

34-19    any stamped cigarette packages, up to and including the full amount

34-20    of unpaid tax.  If the proceeds from the seizure do not satisfy the

34-21    total tax deficiency or the comptroller [treasurer] does not seize

34-22    any unaffixed stamps or stamped cigarette packages, the comptroller

34-23    [treasurer] may withdraw immediately from the fund an amount equal

34-24    to the amount of unpaid taxes due.  The comptroller [treasurer]

34-25    shall first withdraw the amount from the account of the defaulting

 35-1    distributor.  The comptroller [treasurer] shall use the

 35-2    comptroller's [treasurer's] best efforts to collect the tax due

 35-3    from the defaulting distributor before withdrawing money from the

 35-4    other accounts in the fund to satisfy the tax liability.  If that

 35-5    distributor's account does not contain sufficient money to satisfy

 35-6    the tax liability in full, the comptroller [treasurer] shall

 35-7    withdraw the additional amount necessary to satisfy that liability

 35-8    from the other accounts in the fund in proportion to the balance of

 35-9    each account, except that the withdrawal from any other

35-10    distributor's account in the fund is limited to an amount not

35-11    greater than 50 percent of the designated amount of stamps [and

35-12    meter settings] requested by the distributor under Subsection (c)

35-13    or of the amount required by the comptroller [treasurer] under

35-14    Subsection (f)(4).  Not later than the fifth day after the date of

35-15    a withdrawal, the comptroller [treasurer] shall notify each

35-16    distributor of the withdrawal from its account and the amount

35-17    withdrawn.  If as a result of a withdrawal made under this

35-18    subsection a distributor's balance in its account is reduced to an

35-19    amount less than the minimum required under this section, the

35-20    distributor's interest in the fund is no longer vested, and the

35-21    comptroller [treasurer] may discontinue refunds to the distributor

35-22    under Subsection (d) until the distributor again acquires a vested

35-23    interest in the fund.  The comptroller [treasurer] may require a

35-24    distributor whose interest in the fund is no longer vested to post

35-25    an irrevocable letter of credit with the comptroller [treasurer] to

 36-1    secure the payment of cigarette taxes by the distributor.  To

 36-2    protect the fund, each distributor having an account in the fund

 36-3    must indemnify the fund against any amount withdrawn from the fund

 36-4    under this subsection because of the failure of the distributor to

 36-5    pay in full a tax imposed by this chapter by the due date.

 36-6          (h)  If distributor accounts, other than a defaulting

 36-7    distributor account, are drawn pursuant to Subsection (g) [of this

 36-8    section], each affected, nondefaulting distributor shall have a

 36-9    claim against the defaulting distributor for the amount so drawn.

36-10    The comptroller [treasurer] is hereby appointed trustee, agent, and

36-11    assignee of each affected, nondefaulting distributor for  purposes

36-12    of seeking recovery of the amount so drawn.  The comptroller

36-13    [treasurer] shall have the sole judgment and discretion in deciding

36-14    whether or not to pursue such a claim and shall have discretion to

36-15    handle any such claim on any basis that in the opinion of the

36-16    comptroller [treasurer] is in the best interest of the fund.  The

36-17    comptroller [treasurer] is released from any liability related to

36-18    the handling of the claims described in this section except for

36-19    intentional or wilful misconduct.

36-20          (i)  A distributor or person authorized to act on behalf of a

36-21    distributor may notify the comptroller [treasurer] in writing that

36-22    the distributor no longer desires to have stamps shipped [or a

36-23    meter set] without advance payment, and may request that the money

36-24    in the distributor's account in the fund be paid to the distributor

36-25    or the distributor's heirs or assigns.  The comptroller [treasurer]

 37-1    shall pay the money in the distributor's account as requested at

 37-2    the end of the next quarter after all outstanding taxes owed to the

 37-3    state by the distributor have been paid.

 37-4          (j)  Under no circumstances shall the comptroller [treasurer]

 37-5    return to any distributor an amount greater than the balance in the

 37-6    distributor's account within the cigarette tax recovery trust fund

 37-7    less any sums drawn pursuant to Subsection (g) [of this section].

 37-8    The State of Texas' liability to any distributor pursuant to this

 37-9    section is expressly limited to the sums on deposit in the

37-10    distributor's account at the time the request for return of funds

37-11    is made.

37-12          (k)  The comptroller [treasurer] may adopt and enforce rules

37-13    necessary to carry out this section.

37-14          (n)  The comptroller [treasurer] shall regularly distribute

37-15    financial information regarding the performance of the fund to

37-16    participating distributors on a regular basis.  On the written

37-17    request of a participating distributor, the comptroller [treasurer]

37-18    shall provide the distributor with the name and address of each

37-19    distributor participating in the fund, the percentage of the total

37-20    fund represented by each distributor's account, and the total

37-21    amount of money in the fund.

37-22          (o)  In lieu of participation in the cigarette tax recovery

37-23    trust fund to secure payment for stamps [or meter settings] and in

37-24    lieu of advance payment for stamps [or meter settings], a

37-25    distributor may pledge to the comptroller [treasurer] sufficient

 38-1    collateral to secure payment for stamps [or meter settings].  Such

 38-2    pledge shall be evidenced by a pledge agreement in a form

 38-3    promulgated by the comptroller [treasurer], and such collateral

 38-4    shall consist of certificates of deposit, treasury notes, treasury

 38-5    bills, or other similar types of collateral acceptable to the

 38-6    comptroller [treasurer] and held in a separate trust fund

 38-7    established in the Texas Treasury Safekeeping Trust Company.  All

 38-8    interest earned on such collateral shall belong to the distributor.

 38-9    The comptroller [treasurer] may require the pledge of additional

38-10    collateral in the event the comptroller [treasurer] determines that

38-11    the fair market value of the pledged collateral is less than the

38-12    amount due the comptroller [treasurer] for stamps [or meter

38-13    settings].  On the written request of the distributor, the

38-14    comptroller [treasurer] shall release collateral from the pledge

38-15    agreement or allow the substitution of collateral subject to the

38-16    pledge agreement if after such release or substitution the fair

38-17    market value of the collateral subject to the pledge will be equal

38-18    to or greater than the amount due the comptroller [treasurer] for

38-19    stamps [or meter settings].  If a distributor fails to pay tax in

38-20    full when due, the comptroller [treasurer] may, if the distributor

38-21    does not pay such past due tax and any penalty related thereto

38-22    within three days after receipt of written notice of such failure

38-23    from the comptroller [treasurer], sell or dispose of the collateral

38-24    and apply the proceeds to the payment of taxes, interest,

38-25    penalties, and costs due to the comptroller [treasurer] by the

 39-1    distributor, with any remaining proceeds being refunded to the

 39-2    distributor.

 39-3          SECTION 44.  Subsections (b), (c), and (d), Section 154.405,

 39-4    Tax Code, are amended to read as follows:

 39-5          (b)  The comptroller [treasurer] shall give the notice by

 39-6    certified mail, return receipt requested, not later than the 15th

 39-7    day after the date of seizure and include with the notice an

 39-8    inventory of the property seized and a statement that the owner of

 39-9    property seized is entitled to [of the date, time, and place of] a

39-10    hearing on the seizure.  Service by mail is complete when the

39-11    notice is received, as evidenced by return receipt from the U.S.

39-12    Postal Service.

39-13          (c)  After providing the notice and a hearing, if a hearing

39-14    is requested under Subsection (b), the comptroller [treasurer] may

39-15    order the forfeiture to the state of any property seized under this

39-16    chapter or the proceeds of the sale of any cigarettes seized under

39-17    this chapter if the property was used, controlled, possessed, or

39-18    concealed for the purpose of violating any provision of this

39-19    chapter.

39-20          (d)  The comptroller [treasurer] shall hold property or

39-21    proceeds forfeited under this section in escrow until the

39-22    comptroller's [treasurer's] determination is final and the period

39-23    for filing a petition for judicial review has expired.

39-24          SECTION 45.  Section 154.415, Tax Code, is amended to read as

39-25    follows:

 40-1          Sec. 154.415.  DONATIONS [ADDITIONAL ENFORCEMENT POWERS].

 40-2    [(a)  The treasurer has all of the rights and powers granted the

 40-3    comptroller in Chapters 111 and 113 of this code with respect to

 40-4    the tax imposed by this chapter.  Those rights and powers are in

 40-5    addition to those granted the treasurer in this chapter.]

 40-6          [(b)]  The comptroller [treasurer] may accept gifts, grants,

 40-7    and donations for the administration and enforcement of this

 40-8    chapter.

 40-9          SECTION 46.  Section 155.001, Tax Code, is amended to read as

40-10    follows:

40-11          Sec. 155.001.  DEFINITIONS.  In this chapter:

40-12                (1)  "Bonded agent" means a person in this state who is

40-13    an agent of a person outside this state and receives cigars and

40-14    tobacco products in interstate commerce and stores the cigars and

40-15    tobacco products for distribution or delivery to distributors under

40-16    orders from the person outside this state.

40-17                (2)  "Cigar" means a roll of fermented tobacco that is

40-18    wrapped in tobacco and the main stream of smoke from which produces

40-19    an alkaline reaction to litmus paper.

40-20                (3)  "Common carrier" means a motor carrier registered

40-21    under Chapter 643, Transportation Code [Article 6675c, Revised

40-22    Statutes], or a motor carrier operating under a certificate issued

40-23    by the Interstate Commerce Commission or a successor agency to the

40-24    Interstate Commerce Commission.

40-25                (4)  "Consumer" means a person who possesses tobacco

 41-1    products for personal consumption.

 41-2                (5)  "Distributor" means a person who:

 41-3                      (A)  receives tobacco products for the purpose of

 41-4    making a first sale in this state from a manufacturer outside the

 41-5    state or within the state or otherwise brings or causes to be

 41-6    brought into this state tobacco products for sale, use, or

 41-7    consumption; [or]

 41-8                      (B)  manufactures or produces tobacco products;

 41-9    or

41-10                      (C)  is an importer or import broker.

41-11                (6)  "Export warehouse" means a person in this state

41-12    who receives tobacco products from manufacturers and stores the

41-13    tobacco products for the purpose of making sales to authorized

41-14    persons for resale, use, or consumption outside the United States.

41-15                (7)  "First sale" means, except as otherwise provided

41-16    by this chapter:

41-17                      (A)  the first transfer of possession in

41-18    connection with a purchase, sale, or any exchange for value of

41-19    tobacco products in intrastate commerce;

41-20                      (B)  the first use or consumption of tobacco

41-21    products in this state; or

41-22                      (C)  the loss of tobacco products in this state

41-23    whether through negligence, theft, or other unaccountable loss.

41-24                (8)  "Importer" or "import broker" means a person who

41-25    ships, transports, or imports into this state tobacco products

 42-1    manufactured or produced outside the United States for the purpose

 42-2    of making a first sale in this state.

 42-3                (9) [(7)]  "Manufacturer" means a person who

 42-4    manufactures or produces tobacco products and sells tobacco

 42-5    products to a distributor.

 42-6                (10) [(8)]  "Manufacturer's representative" means a

 42-7    person employed by a manufacturer to sell or distribute the

 42-8    manufacturer's tobacco products.

 42-9                (11) [(9)]  "Permit holder" means a bonded agent,

42-10    distributor, wholesaler, or retailer required to obtain a permit

42-11    under Section 155.041.

42-12                (12) [(10)]  "Place of business" means:

42-13                      (A)  a commercial business location [place] where

42-14    tobacco products are sold;

42-15                      (B)  a commercial business location [place] where

42-16    tobacco products are kept for sale or consumption or otherwise

42-17    stored; or

42-18                      (C)  a vehicle from which tobacco products are

42-19    sold.

42-20                (13) [(11)]  "Retailer" means a person who engages in

42-21    the practice of selling tobacco products to consumers and includes

42-22    the owner of a coin-operated vending machine.

42-23                (14) [(12)]  "Tobacco product" means:

42-24                      (A)  a cigar;

42-25                      (B)  smoking tobacco, including granulated,

 43-1    plug-cut, crimp-cut, ready-rubbed, and any form of tobacco suitable

 43-2    for smoking in a pipe or as a cigarette;

 43-3                      (C)  chewing tobacco, including Cavendish, Twist,

 43-4    plug, scrap, and any kind of tobacco suitable for chewing;

 43-5                      (D)  snuff or other preparations of pulverized

 43-6    tobacco; or

 43-7                      (E)  an article or product that is made of

 43-8    tobacco or a tobacco substitute and that is not a cigarette.

 43-9                (15) [(13)]  "Wholesaler" means a person, including a

43-10    manufacturer's representative, who sells or distributes tobacco

43-11    products in this state for resale but who is not a distributor.

43-12          SECTION 47.  Section 155.101, Tax Code, is amended to read as

43-13    follows:

43-14          Sec. 155.101.  RECORD OF PURCHASE OR RECEIPT.  Each

43-15    distributor, wholesaler, bonded agent, and export warehouse shall

43-16    keep records at each place of business of all tobacco products

43-17    purchased or received.  Each retailer shall keep records at a

43-18    single location, which the retailer shall designate as its

43-19    principal place of business in the state, of all tobacco products

43-20    purchased and received.  These records must include the following,

43-21    except that Subdivision (7) applies to distributors only:

43-22                (1)  the name and address of the shipper or carrier and

43-23    the mode of transportation;

43-24                (2)  all shipping records or copies of records,

43-25    including invoices, bills of lading, waybills, freight bills, and

 44-1    express receipts;

 44-2                (3)  the date and the name of the place of origin of

 44-3    the tobacco product shipment;

 44-4                (4)  the date and the name of the place of arrival of

 44-5    the tobacco product shipment;

 44-6                (5)  a statement of the number, kind, and price paid

 44-7    for the tobacco products;

 44-8                (6)  the name, address, permit number, and tax

 44-9    identification number of the seller; [and]

44-10                (7)  the manufacturer's list price for the tobacco

44-11    products; and

44-12                (8)  any other information required by rules of the

44-13    comptroller [treasurer].

44-14          SECTION 48.  Subsection (b), Section 155.102, Tax Code, is

44-15    amended to read as follows:

44-16          (b)  The records for each sale, distribution, exchange, or

44-17    use of tobacco products must show:

44-18                (1)  the purchaser's name and address, permit number,

44-19    or tax identification number;

44-20                (2)  the method of delivery and the name of the common

44-21    carrier or other person delivering the tobacco products;

44-22                (3)  the date, amount, and type of tobacco products

44-23    sold, distributed, exchanged, or used;

44-24                (4)  the price received for the tobacco products; [and]

44-25                (5)  the number and kind of tobacco products on which

 45-1    the tax has been paid; and

 45-2                (6)  for sales from a manufacturer to a distributor,

 45-3    the manufacturer's list price for the tobacco products.

 45-4          SECTION 49.  Section 155.111, Tax Code, is amended to read as

 45-5    follows:

 45-6          Sec. 155.111.  DISTRIBUTOR'S REPORT.  (a)  A distributor

 45-7    shall file with the comptroller [treasurer] on or before the 30th

 45-8    day of each month, a report for the preceding month.

 45-9          (b)  The report must show:

45-10                (1)  the date the report was made;

45-11                (2)  the distributor's name and address;

45-12                (3)  the month the report covers;

45-13                (4)  the amount of tobacco products purchased,

45-14    received, and acquired;

45-15                (5)  the manufacturer's list price of tobacco products

45-16    purchased, received, and acquired;

45-17                (6)  the amount of tobacco products sold, distributed,

45-18    used, lost, or otherwise disposed of;

45-19                (7) [(6)]  the amount of tobacco products on hand at

45-20    the beginning and the end of the month; and

45-21                (8) [(7)]  any other information the comptroller

45-22    [treasurer] requires relating to tobacco products and to the

45-23    payment of taxes due on them.

45-24          (c)  The comptroller [treasurer] shall prescribe the form and

45-25    content of the report.

 46-1          SECTION 50.  Section 155.141, Tax Code, is amended to read as

 46-2    follows:

 46-3          Sec. 155.141.  DONATIONS [ENFORCEMENT POWERS].  [(a)  The

 46-4    treasurer has all of the rights and powers granted the comptroller

 46-5    in Chapters 111 and 113 of this code with respect to the tax

 46-6    imposed by this chapter.  Those rights and powers are in addition

 46-7    to those granted the treasurer in this chapter.]

 46-8          [(b)]  The comptroller [treasurer] may accept gifts, grants,

 46-9    and donations for the administration and enforcement of this

46-10    chapter.

46-11          SECTION 51.  Subsections (b), (c), and (d), Section 155.145,

46-12    Tax Code, are amended to read as follows:

46-13          (b)  The comptroller [treasurer] shall give the notice by

46-14    certified mail, return receipt requested, not later than the 15th

46-15    day after the date of seizure and shall include with the notice an

46-16    inventory of the property seized and a statement that the owner of

46-17    property seized is entitled to [of the date, time, and place of] a

46-18    hearing on the seizure.  Service by mail is complete when the

46-19    notice is received, as evidenced by return receipt from the U.S.

46-20    Postal Service.

46-21          (c)  After providing the notice and a hearing, if a hearing

46-22    is requested under Subsection (b), the comptroller [treasurer] may

46-23    order the forfeiture to the state of any property seized under this

46-24    chapter or the proceeds of the sale of any tobacco products seized

46-25    under this chapter if the comptroller [treasurer] finds that the

 47-1    property was used, controlled, possessed, or concealed for the

 47-2    purpose of violating any provision of this chapter.

 47-3          (d)  The comptroller [treasurer] shall hold property or

 47-4    proceeds forfeited under this section in escrow until the

 47-5    comptroller's [treasurer's] determination is final and the period

 47-6    for filing a petition for judicial review has expired.

 47-7          SECTION 52.  Subsection (e), Section 201.057, Tax Code, is

 47-8    amended to read as follows:

 47-9          (e)  The operator of a proposed or existing gas well,

47-10    including a gas well that has not been completed, or the operator

47-11    of any proposed or existing oil or gas well within a commission

47-12    approved co-production project, may apply to the commission for

47-13    certification that the well produces or will produce high-cost gas.

47-14    Such application, if seeking certification as high-cost gas

47-15    according to Subsection (a)(2)(A), may be made at any time [must be

47-16    made in writing no later than the 180th day] after the first day of

47-17    production.  The application may be made but is not required to be

47-18    made concurrently with a request for a determination that gas

47-19    produced from the well is high-cost natural gas for purposes of the

47-20    Natural Gas Policy Act of 1978 (15 U.S.C. Section 3301 et seq.) or

47-21    with a request for commission approval of a co-production project.

47-22    The commission may require an applicant to provide the commission

47-23    with any relevant information required to administer this section.

47-24    For purposes of this section, a determination that gas is high-cost

47-25    natural gas according to Subsection (a)(2)(A) or a determination

 48-1    that gas is produced from within a commission approved

 48-2    co-production project is a certification that the gas is high-cost

 48-3    gas for purposes of this section, and in that event additional

 48-4    certification is not required to qualify for the exemption or tax

 48-5    reduction provided by this section.

 48-6          SECTION 53.  Subsection (f), Section 201.057, Tax Code, is

 48-7    amended to read as follows:

 48-8          (f)  To qualify for the exemption or tax reduction provided

 48-9    by this section, the person responsible for paying the tax must

48-10    apply to the comptroller.  The application must contain the

48-11    certification of the commission that the well produces high-cost

48-12    gas and, if the application is for a well spudded or completed

48-13    after September 1, 1995, must contain a report of drilling and

48-14    completion costs incurred for each well on a form and in the detail

48-15    as determined by the comptroller.  Drilling and completion costs

48-16    for a recompletion shall only include current and contemporaneous

48-17    costs associated with the recompletion.  Notwithstanding any other

48-18    provision of this section, to obtain the maximum tax exemption or

48-19    tax deduction, an [An] application to the comptroller for

48-20    certification according to Subsection (a)(2)(A) must [may not] be

48-21    filed with the comptroller at the later of [after] the 180th day

48-22    after the date of first [day of] production or the 45th day after

48-23    the date of approval by the commission.  If the application is not

48-24    filed by the applicable deadline, the tax exemption or tax

48-25    deduction is reduced by 10 percent for the period beginning on the

 49-1    180th day after the first day of production and ending on the date

 49-2    on which the application is filed with the comptroller.  An

 49-3    application to the comptroller for certification according to

 49-4    Subsection (a)(2)(B) may not be filed before January 1, 1990, or

 49-5    after December 31, 1998.  The comptroller shall approve the

 49-6    application of a person who demonstrates that the gas is eligible

 49-7    for the exemption or tax reduction.  The comptroller may require a

 49-8    person applying for the exemption or tax reduction to provide any

 49-9    relevant information in the person's monthly report that the

49-10    comptroller considers necessary to administer this section.  The

49-11    commission shall notify the comptroller in writing immediately if

49-12    it determines that an oil or gas well previously certified as

49-13    producing high-cost gas does not produce high-cost gas or if it

49-14    takes any action or discovers any information that affects the

49-15    eligibility of gas for an exemption or tax reduction under this

49-16    section.

49-17          SECTION 54.  Subchapter E, Chapter 201, Tax Code, is amended

49-18    by adding Section 201.2037 to read as follows:

49-19          Sec. 201.2037.  DISCLOSURE OF CERTAIN INFORMATION.

49-20    Notwithstanding any provision of this chapter or Chapter 202,

49-21    neither the comptroller nor the Railroad Commission of Texas may

49-22    require disclosure of information relating to receipt points,

49-23    delivery points, volumes, rates, or other natural gas

49-24    transportation contractual information under this chapter or

49-25    Chapter 202 unless the disclosure is reasonably necessary for the

 50-1    comptroller or commission to implement or administer this chapter

 50-2    or Chapter 202.  This section expires September 1, 1999.

 50-3          SECTION 55.  Subsection (a), Section 202.201, Tax Code, is

 50-4    amended to read as follows:

 50-5          (a)  A producer authorized by the comptroller to remit the

 50-6    tax due shall file with the comptroller, on or before the 25th day

 50-7    of each calendar month, the report under this subsection and, as

 50-8    applicable, the report under Subsection (d) showing the total oil

 50-9    produced, used, lost or stolen, or possessed and otherwise

50-10    unaccounted for by the producer during the preceding calendar

50-11    month.  The report under this subsection must show:

50-12                (1)  the number of barrels of oil produced from each

50-13    lease;

50-14                (2)  each county [the counties] in which each lease

50-15    from which oil was produced is located;

50-16                (3)  the name, address, and taxpayer identification

50-17    number assigned by the comptroller of each first purchaser of oil

50-18    and for each the amount of oil purchased from each lease;

50-19                (4)  the payment [price, by amounts,] received for the

50-20    oil from [for] each first purchaser from each lease from which oil

50-21    was produced;

50-22                (5)  the name and lease identification number of each

50-23    [the] lease from which the oil was produced; and

50-24                (6)  other information the comptroller may reasonably

50-25    require.

 51-1          SECTION 56.  Subsection (a), Section 202.202, Tax Code, is

 51-2    amended to read as follows:

 51-3          (a)  On or before the 25th day of each calendar month, each

 51-4    first purchaser or his authorized agent shall file a report with

 51-5    the comptroller.  The report must contain the following information

 51-6    concerning oil purchased from a producer during the preceding

 51-7    calendar month:

 51-8                (1)  the number of barrels of oil purchased from each

 51-9    lease for each producer;

51-10                (2)  the amount [price] paid to each producer for each

51-11    lease from which [the] oil was purchased;

51-12                (3)  the name and address of each producer;

51-13                (4)  each county [the counties] in which each lease

51-14    from which the purchased oil was produced is located;

51-15                (5)  the name and lease identification number of each

51-16    lease [names of the leases] from which the purchased oil was

51-17    produced; and

51-18                (6)  other information the comptroller may reasonably

51-19    require.

51-20          SECTION 57.  Section 211.102, Tax Code, is amended to read as

51-21    follows:

51-22          Sec. 211.102.  DAY ON WHICH PAYMENT IS DUE.  Except as

51-23    provided by Sections 211.103 and 211.104(b), payment [Payment] of a

51-24    tax imposed by Section 211.051, 211.052, or 211.053 of this code on

51-25    a decedent's estate is due nine months after the day of the

 52-1    decedent's death.

 52-2          SECTION 58.  Section 211.104, Tax Code, is amended to read as

 52-3    follows:

 52-4          Sec. 211.104.  REPORT OF DETERMINATION OF FEDERAL TAX.

 52-5    (a)  Within 30 days after receiving notice or information of the

 52-6    final assessment and determination of the value of the taxable

 52-7    estate assessed and determined by the federal government for the

 52-8    purpose of fixing federal estate taxes on that estate, the personal

 52-9    representative shall make to the comptroller a report of the value

52-10    of the estate as so fixed and determined.  The report shall be made

52-11    in a form and contain information as the comptroller directs.

52-12          (b)  Any additional tax due by a decedent's estate as a

52-13    result of an Internal Revenue Service audit or federal tax court

52-14    decision shall be paid to the comptroller not later than the 30th

52-15    day after the date the personal representative receives the notice

52-16    or information of the final assessment and determination of value

52-17    of the taxable estate by the federal government for the purpose of

52-18    fixing federal estate taxes on that estate.  The comptroller shall

52-19    issue a determination if any additional amounts owed to the

52-20    comptroller are not remitted with a copy of the audit or tax court

52-21    changes.

52-22          SECTION 59.  Subchapter C, Chapter 211, Tax Code, is amended

52-23    by adding Section 211.111 to read as follows:

52-24          Sec. 211.111.  LIMITATIONS.  (a)  The period of limitation

52-25    provided under Section 111.201 does not begin to run in favor of a

 53-1    decedent's estate, the estate's personal representative, a

 53-2    transferee, a distributee, or any other person liable under Section

 53-3    211.108 or 211.201 until the tax liability of the decedent's estate

 53-4    becomes final.  If an extension of time for filing the return or

 53-5    paying the tax is granted to the decedent's estate by the

 53-6    comptroller under Section 211.103, the extension tolls the

 53-7    beginning of the limitation period for the estate's personal

 53-8    representative, transferees, distributees, and other persons.

 53-9          (b)  A limitation period does not begin to run in favor of a

53-10    decedent's estate, any personal representative, transferee,

53-11    distributee, or other person until the comptroller receives the

53-12    notice or information of the final assessment and determination of

53-13    the value of the decedent's estate for purpose of fixing federal

53-14    estate taxes on that estate, as required under Section 211.104.

53-15          (c)  If property is transferred from a decedent's estate

53-16    after the comptroller receives notice or information as required

53-17    under Section 211.104 of the final assessment and determination of

53-18    the value of the estate by the federal government and the tax

53-19    remains unpaid, the limitation period does not begin to run in

53-20    favor of a person liable under Section 211.108 or 211.201 until the

53-21    comptroller learns of the transfer.

53-22          SECTION 60.  Section 211.251, Tax Code, is amended to read as

53-23    follows:

53-24          Sec. 211.251.  COMPTROLLER'S AUTHORITY TO EXAMINE BOOKS AND

53-25    OTHER PROPERTY.  The comptroller may examine books, records,

 54-1    documents, or other property of a decedent's estate or of a

 54-2    personal representative, transferee, or distributee of a decedent's

 54-3    estate at any time [if] the examination is necessary for the

 54-4    comptroller to enforce this chapter without regard to the period

 54-5    provided by Section 111.0041.

 54-6          SECTION 61.  Subchapter B, Chapter 403, Government Code, is

 54-7    amended by adding Section 403.026 to read as follows:

 54-8          Sec. 403.026.  ELECTRONIC STORAGE AND MAINTENANCE OF RECORDS.

 54-9    (a)  The comptroller may store and maintain electronically a state

54-10    record or an essential record if:

54-11                (1)  the method used to store and maintain the record

54-12    allows accurate reproduction of the record;

54-13                (2)  the method used to store and maintain the record

54-14    conforms with any standards prescribed by the records preservation

54-15    officer in conformity with any applicable rules of the National

54-16    Institute of Standards and Technology, except that those standards

54-17    do not apply to the extent they conflict with this section; and

54-18                (3)  the place and manner of safekeeping the medium or

54-19    equipment on which the record is stored and maintained conforms

54-20    with the records preservation officer's requirements under Section

54-21    441.059(a), except that the officer may not prohibit the

54-22    comptroller from retaining possession of that medium or equipment.

54-23          (b)  An accurate reproduction of a state record that is

54-24    stored and maintained according to this section is a preservation

54-25    duplicate of the record for purposes of Sections 441.058 and

 55-1    441.059, without regard to whether the records preservation

 55-2    officer:

 55-3                (1)  made the reproduction; or

 55-4                (2)  designated the reproduction as a preservation

 55-5    duplicate.

 55-6          (c)  An accurate reproduction of an essential record that is

 55-7    stored and maintained according to this section is a photographic

 55-8    reproduction of the record for purposes of Section 441.038(f).

 55-9          (d)  An accurate reproduction of a state record or an

55-10    essential record may be in tangible or intangible form, including

55-11    an electronic or optical image of the record.

55-12          (e)  In this section:

55-13                (1)  "Essential record" means written or graphical

55-14    material that is made or received by the comptroller in the conduct

55-15    of official state business and that is filed or intended to be

55-16    preserved permanently or for a definite period as a record of that

55-17    business.

55-18                (2)  "Records preservation officer" means the director

55-19    of the records management division of the Texas State Library.

55-20                (3)  "State record" means a document, book, paper,

55-21    photograph, sound recording, or other material, without regard to

55-22    physical form or characteristic, that is made or received by the

55-23    comptroller according to law or in connection with the transaction

55-24    of official state business.

55-25          SECTION 62.  Section 2155.004, Government Code, is amended to

 56-1    read as follows:

 56-2          Sec. 2155.004.  CERTAIN BIDS AND CONTRACTS PROHIBITED.

 56-3    (a)  A state agency may not accept a bid or award a contract that

 56-4    includes proposed financial participation by a person who received

 56-5    compensation from the agency to participate in preparing the

 56-6    specifications or request for proposals on which the bid or

 56-7    contract is based.

 56-8          (b)  A state agency may not accept a bid or award a contract

 56-9    to any individual not residing in this state or business entity not

56-10    incorporated in or whose principal domicile is not in this state

56-11    unless the individual or business entity:

56-12                (1)  holds a permit issued by the comptroller to

56-13    collect or remit all state and local sales and use taxes that

56-14    become due and owing as a result of the individual's or entity's

56-15    business in this state; or

56-16                (2)  certifies that it does not sell tangible personal

56-17    property or services that are subject to the state and local sales

56-18    and use tax.

56-19          (c)  A bid or award subject to the requirements of this

56-20    section must include the following statement:

56-21          "Under Section 2155.004, Government Code, the vendor

56-22    certifies that the individual or business entity named in this bid

56-23    or contract is not ineligible to receive the specified contract and

56-24    acknowledges that this contract may be terminated and payment

56-25    withheld if this certification is inaccurate."

 57-1          (d)  If a state agency determines that an individual or

 57-2    business entity holding a state contract was ineligible to have the

 57-3    contract accepted or awarded under Subsection (a) or (b), the state

 57-4    agency may immediately terminate the contract without further

 57-5    obligation to the vendor.

 57-6          (e)  If the certification required under Subsection (b)(2) is

 57-7    shown to be false, the vendor is liable to the state for attorney's

 57-8    fees, the costs necessary to complete the contract, including the

 57-9    cost of advertising and awarding a second contract, and any other

57-10    damages provided by law or contract.

57-11          (f)  This section does not create a cause of action to

57-12    contest a bid or award of a state contract.

57-13          (g)  In the absence of a certification by the vendor under

57-14    Subsection (b)(2), the purchasing state agency shall determine if a

57-15    prospective vendor holds a permit for the collection and remission

57-16    of state and local sales and use taxes.

57-17          (h)  This section does not prohibit a bidder or contract

57-18    participant from providing free technical assistance to a state

57-19    agency.

57-20          SECTION 63.  Subsections (a), (b), (c), and (d), Section

57-21    403.302, Government Code, are amended to read as follows:

57-22          (a)  The comptroller shall conduct an annual study using

57-23    comparable sales and generally accepted auditing and sampling

57-24    techniques to determine the total taxable value of all [taxable]

57-25    property in each school district.  The study shall determine the

 58-1    taxable value of all property and of each category of property in

 58-2    the district and the productivity value of all land that qualifies

 58-3    for appraisal on the basis of its productive capacity and for which

 58-4    the owner has applied for and received a productivity appraisal.

 58-5    The comptroller shall make appropriate adjustments in the study to

 58-6    account for actions taken under Chapter 41, Education Code.

 58-7          (b)  In conducting the study, the comptroller shall [review

 58-8    the appraisal standards, procedures, and methodology used by each

 58-9    appraisal district to] determine the taxable value of property in

58-10    each school district[.  The review must test the validity of the

58-11    taxable values assigned to each category of property by the

58-12    appraisal district]:

58-13                (1)  using, if appropriate, samples selected through

58-14    generally accepted sampling techniques; and

58-15                (2)  according to generally accepted standard

58-16    valuation, statistical compilation, and analysis techniques.

58-17          (c)  If the comptroller determines [finds] in the annual

58-18    study that the market value of property in a school district as

58-19    determined by the appraisal district that appraises property for

58-20    the school district, less the total of the amounts and values

58-21    listed in Subsection (d) as determined by that appraisal district,

58-22    is [generally accepted appraisal standards and practices were used

58-23    by the appraisal district in valuing a particular category of

58-24    property, and that the taxable values assigned to each category of

58-25    property by the appraisal district are] valid, the market

 59-1    [appraisal roll] value of [that category of] property in the school

 59-2    district as determined by the appraisal district that appraises

 59-3    property for the school district, less the total of the amounts and

 59-4    values listed in Subsection (d) as determined by that appraisal

 59-5    district, is presumed to represent taxable value.  In the absence

 59-6    of such a presumption, [the comptroller shall estimate the] taxable

 59-7    value is the value determined by the comptroller under Subsection

 59-8    (a) [of that category of property using generally accepted standard

 59-9    valuation, statistical compilation, and analysis techniques].

59-10          (d)  For the purposes of this section, "taxable value" means

59-11    the market value of all taxable property less:

59-12                (1)  the total dollar amount of any residence homestead

59-13    exemptions [of part but not all of the value of taxable property

59-14    required by the constitution or a statute that a district] lawfully

59-15    granted under Section 11.13(b) or (c), Tax Code, in the year that

59-16    is the subject of the study for each school district;

59-17                (2)  the total dollar amount of any exemptions granted

59-18    before May 31, 1993, within a reinvestment zone under agreements

59-19    authorized by Chapter 312, Tax Code;

59-20                (3)  the total dollar amount of any captured appraised

59-21    value of property that is located in a reinvestment zone, generates

59-22    a tax increment paid into a tax increment fund, and [that] is

59-23    eligible for tax increment financing under Chapter 311, Tax Code;

59-24                (4)  the total dollar amount of any exemptions granted

59-25    under Section 11.251, Tax Code;

 60-1                (5)  the difference between the comptroller's estimate

 60-2    of the market value and the productivity value of land that

 60-3    qualifies for appraisal on the basis of its productive capacity,

 60-4    except that the productivity value estimated by the comptroller may

 60-5    not exceed the fair market value of the land;

 60-6                (6)  the portion of the appraised value of residence

 60-7    homesteads of the elderly on which school district taxes are not

 60-8    imposed in the year that is the subject of the study, calculated as

 60-9    if the residence homesteads were appraised at the full value

60-10    required by law;

60-11                (7)  a portion of the market value of property not

60-12    otherwise fully taxable by the district at market value because of

60-13    action required by statute or the constitution of this state that,

60-14    if the tax rate adopted by the district is applied to it, produces

60-15    an amount equal to the difference between the tax that the district

60-16    would have imposed on the property if the property were fully

60-17    taxable at market value and the tax that the district is actually

60-18    authorized to impose on the property, if this subsection does not

60-19    otherwise require that portion to be deducted; and

60-20                (8)  the market value of all tangible personal

60-21    property, other than manufactured homes, owned by a family or

60-22    individual and not held or used for the production of income.

60-23          SECTION 64.  Subsection (a), Section 403.303, Government

60-24    Code, is amended to read as follows:

60-25          (a)  A school district or a property owner whose property is

 61-1    included in the study under Section 403.302 and whose tax liability

 61-2    on the property is $100,000 or more may protest the comptroller's

 61-3    findings under Section 403.302(f) or (g) by filing a petition with

 61-4    the comptroller.  The petition must be filed not later than the

 61-5    40th [30th] day after the date on which the comptroller's findings

 61-6    are certified to the commissioner of education and must specify the

 61-7    grounds for objection and the value claimed to be correct by the

 61-8    school district or property owner.

 61-9          SECTION 65.  Section 5.102, Tax Code, is amended to read as

61-10    follows:

61-11          Sec. 5.102.  REVIEW OF APPRAISAL STANDARDS [NON COMPLIANCE BY

61-12    APPRAISAL DISTRICT].  (a)  The comptroller shall review the

61-13    appraisal standards, procedures, and methodology used by each

61-14    appraisal district to determine compliance with generally accepted

61-15    appraisal standards and practices.

61-16          (b)  If the review [study required by Section 403.302,

61-17    Government Code,] results in a finding that an appraisal district

61-18    is not in compliance with generally accepted appraisal standards

61-19    and practices, the comptroller shall deliver a report that details

61-20    the comptroller's findings and recommendations for improvement to

61-21    the appraisal district's chief appraiser and board of directors.

61-22          (c) [(b)]  If noncompliance with generally accepted appraisal

61-23    standards and practices is found in two consecutive reviews [annual

61-24    studies] and if an affected appraisal district's chief appraiser

61-25    and board of directors fail to take effective remedial action as

 62-1    determined by the comptroller, the comptroller may appoint a

 62-2    special master who may exercise supervision and control over the

 62-3    operations of the district until full compliance with generally

 62-4    accepted appraisal standards and practices is achieved.  The

 62-5    appraisal district shall bear the costs related to the master's

 62-6    supervision and control.

 62-7          SECTION 66.  Section 5.16, Tax Code, is amended to read as

 62-8    follows:

 62-9          Sec. 5.16.  Administrative Provisions.  (a)  The comptroller

62-10    may inspect the records or other materials of an appraisal office

62-11    or taxing unit, including the relevant records and materials in the

62-12    possession or control of a consultant, advisor, or expert hired by

62-13    the appraisal office or taxing unit, for the purpose of:

62-14                (1)  establishing, reviewing, or evaluating the value

62-15    of or an appraisal of any property; or

62-16                (2)  conducting a study, review, or audit required by

62-17    Section 5.10 or 5.102 or by Section 403.302, Government Code.

62-18          (b)  On request of the comptroller, the chief appraiser or

62-19    administrative head of the taxing unit shall produce the materials

62-20    in the form and manner prescribed by the comptroller [as soon as

62-21    practicable].

62-22          SECTION 67.  Subsection (b), Section 26.01, Tax Code, is

62-23    amended to read as follows:

62-24          (b)  When a chief appraiser submits an appraisal roll for

62-25    county taxes to a county assessor-collector, the chief appraiser

 63-1    [he] also shall certify the appraisal district appraisal roll to

 63-2    the comptroller.  However, the comptroller by rule may provide for

 63-3    submission of only a summary of the appraisal roll.  The [In that

 63-4    event, the] chief appraiser shall certify the district appraisal

 63-5    roll or the summary of that roll in the form and manner prescribed

 63-6    by the comptroller's rule.

 63-7          SECTION 68.  Subsection (a), Section 361.472, Health and

 63-8    Safety Code, is amended to read as follows:

 63-9          (a)  A person in the business of selling new or good used

63-10    tires for use on a vehicle, or a person in the business of selling

63-11    used vehicles or used vehicle parts who sells or offers to sell new

63-12    or good used tires not for resale shall collect at the time and

63-13    place of sale a waste tire recycling fee for each tire sold as

63-14    follows:

63-15                (1)  $2 for each new tire that has a rim diameter of 12

63-16    inches or more but less than 17.5 inches and $1 for each good used

63-17    tire that has a rim diameter of 12 inches or more but less than

63-18    17.5 inches;

63-19                (2)  $3.50 for each new tire that has a rim diameter of

63-20    17.5 inches or greater, other than an off-the-road tire intended

63-21    for use on heavy machinery, including an earthmover, a

63-22    loader/dozer, a grader, or mining equipment; and

63-23                (3)  $2 for a new motorcycle tire, regardless of the

63-24    rim diameter.

63-25          SECTION 69.  Subsection (2), Section 16A, Article 8817,

 64-1    Revised Statutes, is amended to read as follows:

 64-2          (2)  Machines which are exhibited by a nonlicensed owner

 64-3    exempt under this section must be registered with the Comptroller.

 64-4    The owner shall obtain a registration certificate each year.  The

 64-5    registration certificate shall show the name and address of the

 64-6    location of each machine and shall certify that the machine has a

 64-7    valid tax stamp affixed to it.  The owner shall obtain his

 64-8    registration certificate by filing an [sworn] application in the

 64-9    form prescribed by the Comptroller.

64-10          SECTION 70.  Section 2, Article 1.28, Insurance Code, is

64-11    amended to read as follows:

64-12          Sec. 2.  (a)  A [The amount of the examination expenses

64-13    incurred by representatives of the State Board of Insurance that is

64-14    directly attributable to an examination of the books, records,

64-15    accounts, and principal offices of a domestic insurance company

64-16    located outside this state as provided by this article is not

64-17    allowed as a] credit on or offset to the amount of premium taxes to

64-18    be paid by the domestic insurance company to the state in a taxable

64-19    year may not be allowed on:

64-20                (1)  examination expenses incurred by representatives

64-21    of the department that are directly attributable to an examination

64-22    of the books, records, accounts, or principal offices of a domestic

64-23    insurance company located outside this state;

64-24                (2)  examination expenses or fees paid to a state other

64-25    than this state; or

 65-1                (3)  examination expenses paid in a different taxable

 65-2    year.

 65-3          (b)  This[, and this] article prevails over any conflicting

 65-4    provisions in Articles 1.16, 4.10, 9.59, and 4.11 of this code or

 65-5    any other law of this state.

 65-6          SECTION 71.  Subsection (a), Article 4.17, Insurance Code, is

 65-7    amended to read as follows:

 65-8          (a)  The commissioner shall annually determine the rate of

 65-9    assessment of a maintenance tax to be paid on an annual,

65-10    semiannual, or other periodic basis, as determined by the

65-11    comptroller.  The rate of assessment may not exceed .04 percent of

65-12    the correctly reported gross premiums of life, health, and accident

65-13    insurance coverages and the gross considerations for annuity and

65-14    endowment contracts collected by all authorized insurers writing

65-15    life, health, and accident insurance, annuity, or endowment

65-16    contracts in this state.  The comptroller shall collect the

65-17    maintenance tax.  For purposes of this article, the gross premiums

65-18    on which an assessment is based may not include premiums received

65-19    from this state or the United States for insurance contracted for

65-20    by this state or the United States for the purpose of providing

65-21    welfare benefits to designated welfare recipients or for insurance

65-22    contracted for by this state or the United States in accordance

65-23    with or in furtherance of Title 2, Human Resources Code, or the

65-24    federal Social Security Act (42 U.S.C. Section 301 et seq.).

65-25          SECTION 72.  Subdivision (4), Subsection (b), Section 32,

 66-1    Texas Health Maintenance Organization Act (Article 20A.32, Vernon's

 66-2    Texas Insurance Code), is amended to read as follows:

 66-3                (4)  A [The amount directly attributable to an

 66-4    examination of the books, records, accounts, or principal offices

 66-5    of a health maintenance organization located outside this state may

 66-6    not be allowed as a] credit against the amount of premium taxes to

 66-7    be paid by the health maintenance organization in a taxable year

 66-8    may not be allowed on:

 66-9                      (A)  expenses directly attributable to an

66-10    examination of the books, records, accounts, or principal offices

66-11    of a health maintenance organization located outside this state;

66-12                      (B)  examination expenses or fees paid to a state

66-13    other than this state; or

66-14                      (C)  examination fees paid in a different taxable

66-15    year.

66-16          SECTION 73.  Subsection (d), Section 33, Texas Health

66-17    Maintenance Organization Act (Article 20A.33, Vernon's Texas

66-18    Insurance Code), is amended to read as follows:

66-19          (d)  The commissioner shall annually determine the rate of

66-20    assessment of a per capita maintenance tax to be paid on an annual

66-21    or semiannual basis, on the correctly reported gross revenues for

66-22    the issuance of health maintenance certificates or contracts

66-23    collected by all authorized health maintenance organizations

66-24    issuing such coverages in this state.  The rate of assessment may

66-25    not exceed $2 for each enrollee.  The rate of assessment may differ

 67-1    between basic health care plans and single health care service

 67-2    plans and shall equitably reflect any differences in regulatory

 67-3    resources attributable to each type of plan.  The comptroller shall

 67-4    collect the maintenance tax.  For purposes of this section, the

 67-5    amount of maintenance tax assessed may not be computed on enrollees

 67-6    who as individual certificate holders or their dependents are

 67-7    covered by a master group policy paid for by revenues received from

 67-8    this state or the United States for insurance contracted for by

 67-9    this state or the United States for the purpose of providing

67-10    welfare benefits to designated welfare recipients or for insurance

67-11    contracted for by this state or the United States in accordance

67-12    with or in furtherance of Title 2, Human Resources Code, or the

67-13    federal Social Security Act (42 U.S.C. Section 301 et seq.).

67-14          SECTION 74.  Section 111.0022, Tax Code, as added by Section

67-15    3.28, Chapter 685, Acts of the 73rd Legislature, 1993, is repealed.

67-16          SECTION 75.  The following provisions of the Tax Code are

67-17    repealed:

67-18                (1)  Section 111.1041;

67-19                (2)  Section 154.048; and

67-20                (3)  Section 154.049.

67-21          SECTION 76.  In addition to duties prescribed by other law,

67-22    any state agency responsible for compliance with Section 1926 of

67-23    the federal Public Health Service Act (42 U.S.C. Section 300x-26)

67-24    regarding the sale of tobacco products to individuals under the age

67-25    of 18 shall file with the comptroller of public accounts a copy of

 68-1    the reports and agreements required under such federal act.  If the

 68-2    state agency fails to file a copy of the reports and agreements

 68-3    within 10 days after such information is due under Section 1926,

 68-4    the comptroller shall withhold expense appropriations.  The

 68-5    comptroller may enter into agreements with the responsible state

 68-6    agencies and may promulgate rules as necessary to facilitate

 68-7    compliance.

 68-8          SECTION 77.  (a)  Except as provided by Subsections (b) and

 68-9    (c) of this section, this Act takes effect September 1, 1997.

68-10          (b)  Sections 11 through 14, 18 through 20, 22 through 33,

68-11    35, 37, and 38 of this Act take effect October 1, 1997.

68-12          (c)  Sections 111.107, 153.119(e), 153.1195(e), 153.121(d),

68-13    153.2225(e), and 153.224(d), Tax Code, as amended or added by this

68-14    Act, take effect October 1, 1997, and apply to gasoline or diesel

68-15    fuel acquired on or after that date.  Gasoline or diesel fuel

68-16    acquired before that date is governed by the law in effect when the

68-17    gasoline or diesel fuel was acquired and that law is continued in

68-18    effect for the collection or refund of taxes.

68-19          SECTION 78.  The changes made to Sections 202.201 and

68-20    202.202, Tax Code, by this Act take effect January 1, 1998, and

68-21    apply to a report due on or after that date.

68-22          SECTION 79.  The change in law made by this Act to Section

68-23    201.057, Tax Code, takes effect September 1, 1997.  A person who is

68-24    otherwise qualified to file an application for certification of

68-25    high-cost gas with the Railroad Commission of Texas may file an

                                                                S.B. No. 862

 69-1    application under Section 201.057, Tax Code, as amended by this

 69-2    Act, regardless of the date on which the gas was first produced.

 69-3          SECTION 80.  The importance of this legislation and the

 69-4    crowded condition of the calendars in both houses create an

 69-5    emergency and an imperative public necessity that the

 69-6    constitutional rule requiring bills to be read on three several

 69-7    days in each house be suspended, and this rule is hereby suspended.

         ________________________________   ________________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 862 passed the Senate on

         April 10, 1997, by the following vote:  Yeas 31, Nays 0;

         May 29, 1997, Senate refused to concur in House amendments and

         requested appointment of Conference Committee; May 30, 1997, House

         granted request of the Senate; June 1, 1997, Senate adopted

         Conference Committee Report by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 862 passed the House, with

         amendments, on May 27, 1997, by the following vote:  Yeas 137,

         Nays 3, two present not voting; May 30, 1997, House granted request

         of the Senate for appointment of Conference Committee;

         June 1, 1997, House adopted Conference Committee Report by a

         non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         ________________________________

                      Date

         ________________________________

                    Governor