By:  Armbrister                                       S.B. No. 1266

                                A BILL TO BE ENTITLED

                                       AN ACT

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

 1-2     taxes on cigarettes, cigars, and tobacco products.

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

 1-4           SECTION 1.  Section 154.001, Tax Code, is amended to read as

 1-5     follows:

 1-6           Sec. 154.001.  DEFINITIONS.  In this chapter:

 1-7                 (1)  "Bonded agent" means a person in this state who is

 1-8     an agent of a person outside this state and receives cigarettes in

 1-9     interstate commerce and stores the cigarettes for distribution or

1-10     delivery to distributors under orders from the person outside this

1-11     state.

1-12                 (2)  "Cigarette" means a roll for smoking:

1-13                       (A)  that is made of tobacco or tobacco mixed

1-14     with another ingredient and wrapped or covered with a material

1-15     other than tobacco; and

1-16                       (B)  that is not a cigar.

1-17                 (3)  "Common carrier" means a motor carrier registered

1-18     under Chapter 643, Transportation Code [Article 6675c, Revised

1-19     Statutes], or a motor carrier operating under a certificate issued

1-20     by the Interstate Commerce Commission or a successor agency to the

1-21     Interstate Commerce Commission.

1-22                 (4)  "Consumer" means a person who possesses cigarettes

1-23     for personal consumption.

 2-1                 (5)  "Counterfeit stamp" means a sticker, label, print,

 2-2     tag, or token that is used or is intended to be used to simulate a

 2-3     stamp and that is not authorized or issued by the comptroller

 2-4     [treasurer].

 2-5                 (6)  "Distributor" means a person who:

 2-6                       (A)  is authorized to purchase for the purpose of

 2-7     making a first sale in this state cigarettes in unstamped packages

 2-8     from manufacturers who distribute cigarettes in this state and to

 2-9     stamp cigarette packages;

2-10                       (B)  ships, transports, imports into this state,

2-11     acquires, or possesses cigarettes and makes a first sale of the

2-12     cigarettes in this state; [or]

2-13                       (C)  manufactures or produces cigarettes; or

2-14                       (D)  is an importer or import broker.

2-15                 (7)  "Export warehouse" means a person in this state

2-16     who receives cigarettes in unstamped packages from manufacturers

2-17     and stores the cigarettes for the purpose of making sales to

2-18     authorized persons for resale, use, or consumption outside the

2-19     United States.

2-20                 (8)  "First sale" means, except as otherwise provided

2-21     by this chapter:

2-22                       (A)  the first transfer of possession in

2-23     connection with a purchase, sale, or any exchange for value of

2-24     cigarettes in intrastate commerce;

2-25                       (B)  the first use or consumption of cigarettes

 3-1     in this state; or

 3-2                       (C)  the loss of cigarettes in this state whether

 3-3     through negligence, theft, or other unaccountable loss.

 3-4                 (9)  "Importer" or "Import broker" means a person who

 3-5     ships, transports, or imports into this state cigarettes

 3-6     manufactured or produced outside the United States for the purpose

 3-7     of making a first sale in this state.

 3-8                 (10) [(8)]  "Individual package of cigarettes" means a

 3-9     package that contains not fewer than 20 cigarettes[:]

3-10                       [(A)  the smallest package of cigarettes

3-11     ordinarily manufactured for sale; or]

3-12                       [(B)  any size package of cigarettes taxed by the

3-13     United States].

3-14                 (11) [(9)]  "Manufacturer" means a person who

3-15     manufactures and sells cigarettes to a distributor.

3-16                 (12) [(10)]  "Manufacturer's representative" means a

3-17     person employed by a manufacturer to sell or distribute the

3-18     manufacturer's stamped cigarette packages.

3-19                 (13) [(11)]  "Permit holder" means a bonded agent,

3-20     distributor, wholesaler, or retailer required to obtain a permit

3-21     under Section 154.101.

3-22                 (14) [(12)]  "Place of business" means:

3-23                       (A)  a commercial business location [place] where

3-24     cigarettes are sold;

3-25                       (B)  a commercial business location [place] where

 4-1     cigarettes are kept for sale or consumption or otherwise stored; or

 4-2                       (C)  a vehicle from which cigarettes are sold.

 4-3                 (15) [(13)]  "Previously used stamp" means a stamp that

 4-4     has been used to show payment of a tax imposed by this chapter and

 4-5     is again used, sold, or possessed for sale or use to show payment

 4-6     of a tax imposed by this chapter.

 4-7                 (16) [(14)]  "Retailer" means a person who engages in

 4-8     the practice of selling cigarettes to consumers and includes the

 4-9     owner of a coin-operated cigarette vending machine.

4-10                 (17) [(15)]  "Stamp" includes only a stamp that:

4-11                       (A)  is printed, manufactured, or made by

4-12     authority of the comptroller [treasurer];

4-13                       (B)  shows payment of the tax imposed by this

4-14     chapter; and

4-15                       (C)  is consecutively numbered and uniquely

4-16     identifiable as a Texas tax stamp.

4-17                 (18) [(16)]  "Wholesaler" means a person, including a

4-18     manufacturer's representative, who sells or distributes cigarettes

4-19     in this state for resale but who is not a distributor.

4-20           SECTION 2.  The heading of Subchapter C, Chapter 154, Tax

4-21     Code, is amended to read as follows:

4-22                   SUBCHAPTER C.  TAX STAMPS [AND METERS]

4-23           SECTION 3.  Section 154.050, Tax Code, is amended to read as

4-24     follows:

4-25           Sec. 154.050.  PAYMENT.  (a)  The comptroller [treasurer]

 5-1     shall require that payment in full for stamps [or meter settings]

 5-2     be made within 30 days after the date stamps [or a set meter] and

 5-3     an accompanying invoice from the comptroller [treasurer] are

 5-4     received by the distributor, except that at the close of each

 5-5     biennium, payment for stamps [or meter settings] purchased or

 5-6     received on or before August 31 of that fiscal year shall be made

 5-7     in full on or before August 31 of that fiscal year, providing that

 5-8     such payment be received in the office of the comptroller

 5-9     [treasurer] no later than August 31 of that fiscal year

5-10     notwithstanding any other statute regarding tax due dates to the

5-11     contrary.

5-12           (b)  The comptroller [treasurer] may not ship stamps [or set

5-13     a meter] without advance payment under this section unless the

5-14     distributor has satisfied all requirements imposed under Section

5-15     154.051 [of this code].

5-16           (c)  Payment for stamps [or meter settings] must be made by

5-17     cashier's check payable to the comptroller [treasurer], electronic

5-18     funds transfer to the comptroller [treasurer], or any other method

5-19     of payment authorized by the comptroller [treasurer].

5-20           (d)  The dishonor of a check delivered to the comptroller

5-21     [treasurer] for payment of stamps constitutes a failure to pay the

5-22     tax when due.

5-23           SECTION 4.  Subsections (a), (b), (c), (e) through (k), (n),

5-24     and (o), Section 154.051, Tax Code, are amended to read as follows:

5-25           (a)  The cigarette tax recovery trust fund is a private trust

 6-1     fund established outside the state treasury and as provided by this

 6-2     section secures the payment of cigarette taxes by distributors who

 6-3     contribute to the fund.  The fund is composed of the total amount

 6-4     in the separate accounts maintained in trust for all contributing

 6-5     distributors as provided by this section.  The assets of the fund,

 6-6     including interest earned by those assets, are to be held in trust

 6-7     for the benefit and protection of the state treasury, and may not

 6-8     be diverted, distributed, or appropriated for any purpose other

 6-9     than as provided by this section.  Interest earned by a

6-10     distributor's account but not yet refunded to the distributor

6-11     pursuant to Subsection (d) shall, on a monthly basis, be paid to

6-12     the comptroller [treasurer] as provided by Subsection (b) or

6-13     credited to the distributor's account.

6-14           (b)  The comptroller [treasurer] is the trustee of the fund

6-15     as provided by Section 404.073, Government Code, and shall manage

6-16     the fund as provided by this section.  In investing the assets of

6-17     the fund, the comptroller [treasurer] has the obligations, duties,

6-18     and powers provided for the investment of state funds by Sections

6-19     404.021 through 404.0245 [404.025], Government Code, and by the

6-20     orders of the State Depository Board.  The comptroller [treasurer]

6-21     shall receive five percent of the interest earned on all assets of

6-22     the fund as compensation for serving as trustee of the fund.

6-23           (c)  A distributor who orders stamps [or requests a meter

6-24     setting] from the comptroller [state treasurer] under this chapter

6-25     without advance payment shall contribute to an account maintained

 7-1     in the distributor's name in the fund money in the amount of each

 7-2     allowance [discount] to which the distributor is entitled under

 7-3     Section 154.052 [of this code].  When the money in the

 7-4     distributor's account equals 20 percent of the designated amount of

 7-5     stamps [and meter setting] requested by the distributor and

 7-6     approved by the comptroller [treasurer] to be purchased in any one

 7-7     month, the distributor's interest in the fund becomes vested.

 7-8           (e)  Until a distributor who orders stamps [or requests a

 7-9     meter setting] without advance payment acquires a vested interest

7-10     in the fund, the comptroller [treasurer] may require the

7-11     distributor to post with the comptroller [treasurer] an irrevocable

7-12     letter of credit drawn in the form and amount specified by the

7-13     comptroller [treasurer] to secure the payment of cigarette taxes by

7-14     that distributor.  The comptroller [treasurer] may not ship stamps

7-15     to [or set a meter for] a distributor not having a vested interest

7-16     in the fund without advance payment until the distributor posts the

7-17     required letter of credit.

7-18           (f)  In addition to any other requirement under this section,

7-19     the comptroller [treasurer] as a condition for shipping stamps [or

7-20     setting a meter] without advance payment may:

7-21                 (1)  require a fiscal-year-end financial statement,

7-22     including a balance sheet and income statement verifiable as to its

7-23     accuracy or other financial information acceptable to the

7-24     comptroller [treasurer] and verifiable as to its accuracy;

7-25                 (2)  require indemnification from each officer,

 8-1     director, and stockholder owning 10 percent or more of outstanding

 8-2     stock, if the distributor is a corporation, from each partner, if

 8-3     the distributor is a partnership, from each member or owner of a

 8-4     joint venture or syndication, and from the owner of a sole

 8-5     proprietorship;

 8-6                 (3)  require the distributor to obtain and provide the

 8-7     comptroller [treasurer] with a credit report from a credit

 8-8     reporting agency acceptable to the comptroller [treasurer];

 8-9                 (4)  require a distributor to increase the balance in

8-10     its account in the fund;

8-11                 (5)  require a distributor to post a letter of credit;

8-12                 (6)  reduce a distributor's credit time or amount; or

8-13                 (7)  take any other reasonable and necessary action to

8-14     protect the state treasury from loss due to the nonpayment of

8-15     cigarette taxes.

8-16           (g)  If a distributor who has an account in the fund fails to

8-17     pay in full a tax imposed by this chapter by the due date, the

8-18     comptroller [treasurer], without prior notice to the distributor or

8-19     any other preliminary procedure, may seize any unaffixed stamps and

8-20     any stamped cigarette packages, up to and including the full amount

8-21     of unpaid tax.  If the proceeds from the seizure do not satisfy the

8-22     total tax deficiency or the comptroller [treasurer] does not seize

8-23     any unaffixed stamps or stamped cigarette packages, the comptroller

8-24     [treasurer] may withdraw immediately from the fund an amount equal

8-25     to the amount of unpaid taxes due.  The comptroller [treasurer]

 9-1     shall first withdraw the amount from the account of the defaulting

 9-2     distributor.  The comptroller [treasurer] shall use the

 9-3     comptroller's [treasurer's] best efforts to collect the tax due

 9-4     from the defaulting distributor before withdrawing money from the

 9-5     other accounts in the fund to satisfy the tax liability.  If that

 9-6     distributor's account does not contain sufficient money to satisfy

 9-7     the tax liability in full, the comptroller [treasurer] shall

 9-8     withdraw the additional amount necessary to satisfy that liability

 9-9     from the other accounts in the fund in proportion to the balance of

9-10     each account, except that the withdrawal from any other

9-11     distributor's account in the fund is limited to an amount not

9-12     greater than 50 percent of the designated amount of stamps [and

9-13     meter settings] requested by the distributor under Subsection (c)

9-14     or of the amount required by the comptroller [treasurer] under

9-15     Subsection (f)(4).  Not later than the fifth day after the date of

9-16     a withdrawal, the comptroller [treasurer] shall notify each

9-17     distributor of the withdrawal from its account and the amount

9-18     withdrawn.  If as a result of a withdrawal made under this

9-19     subsection a distributor's balance in its account is reduced to an

9-20     amount less than the minimum required under this section, the

9-21     distributor's interest in the fund is no longer vested, and the

9-22     comptroller [treasurer] may discontinue refunds to the distributor

9-23     under Subsection (d) until the distributor again acquires a vested

9-24     interest in the fund.  The comptroller [treasurer] may require a

9-25     distributor whose interest in the fund is no longer vested to post

 10-1    an irrevocable letter of credit with the comptroller [treasurer] to

 10-2    secure the payment of cigarette taxes by the distributor.  To

 10-3    protect the fund, each distributor having an account in the fund

 10-4    must indemnify the fund against any amount withdrawn from the fund

 10-5    under this subsection because of the failure of the distributor to

 10-6    pay in full a tax imposed by this chapter by the due date.

 10-7          (h)  If distributor accounts, other than a defaulting

 10-8    distributor account, are drawn pursuant to Subsection (g) [of this

 10-9    section], each affected, nondefaulting distributor shall have a

10-10    claim against the defaulting distributor for the amount so drawn.

10-11    The comptroller [treasurer] is hereby appointed trustee, agent, and

10-12    assignee of each affected, nondefaulting distributor for purposes

10-13    of seeking recovery of the amount so drawn.  The comptroller

10-14    [treasurer] shall have the sole judgment and discretion in deciding

10-15    whether or not to pursue such a claim and shall have discretion to

10-16    handle any such claim on any basis that in the opinion of the

10-17    comptroller [treasurer] is in the best interest of the fund.  The

10-18    comptroller [treasurer] is released from any liability related to

10-19    the handling of the claims described in this section except for

10-20    intentional or wilful misconduct.

10-21          (i)  A distributor or person authorized to act on behalf of a

10-22    distributor may notify the comptroller [treasurer] in writing that

10-23    the distributor no longer desires to have stamps shipped [or a

10-24    meter set] without advance payment, and may request that the money

10-25    in the distributor's account in the fund be paid to the distributor

 11-1    or the distributor's heirs or assigns.  The comptroller [treasurer]

 11-2    shall pay the money in the distributor's account as requested at

 11-3    the end of the next quarter after all outstanding taxes owed to the

 11-4    state by the distributor have been paid.

 11-5          (j)  Under no circumstances shall the comptroller [treasurer]

 11-6    return to any distributor an amount greater than the balance in the

 11-7    distributor's account within the cigarette tax recovery trust fund

 11-8    less any sums drawn pursuant to Subsection (g) [of this section].

 11-9    The State of Texas' liability to any distributor pursuant to this

11-10    section is expressly limited to the sums on deposit in the

11-11    distributor's account at the time the request for return of funds

11-12    is made.

11-13          (k)  The comptroller [treasurer] may adopt and enforce rules

11-14    necessary to carry out this section.

11-15          (n)  The comptroller [treasurer] shall regularly distribute

11-16    financial information regarding the performance of the fund to

11-17    participating distributors on a regular basis.  On the written

11-18    request of a participating distributor, the comptroller [treasurer]

11-19    shall provide the distributor with the name and address of each

11-20    distributor participating in the fund, the percentage of the total

11-21    fund represented by each distributor's account, and the total

11-22    amount of money in the fund.

11-23          (o)  In lieu of participation in the cigarette tax recovery

11-24    trust fund to secure payment for stamps [or meter settings] and in

11-25    lieu of advance payment for stamps [or meter settings], a

 12-1    distributor may pledge to the comptroller [treasurer] sufficient

 12-2    collateral to secure payment for stamps [or meter settings].  Such

 12-3    pledge shall be evidenced by a pledge agreement in a form

 12-4    promulgated by the comptroller [treasurer], and such collateral

 12-5    shall consist of certificates of deposit, treasury notes, treasury

 12-6    bills, or other similar types of collateral acceptable to the

 12-7    comptroller [treasurer] and held in a separate trust fund

 12-8    established in the Texas Treasury Safekeeping Trust Company.  All

 12-9    interest earned on such collateral shall belong to the distributor.

12-10    The comptroller [treasurer] may require the pledge of additional

12-11    collateral in the event the comptroller [treasurer] determines that

12-12    the fair market value of the pledged collateral is less than the

12-13    amount due the comptroller [treasurer] for stamps [or meter

12-14    settings].  On the written request of the distributor, the

12-15    comptroller [treasurer] shall release collateral from the pledge

12-16    agreement or allow the substitution of collateral subject to the

12-17    pledge agreement if after such release or substitution the fair

12-18    market value of the collateral subject to the pledge will be equal

12-19    to or greater than the amount due the comptroller [treasurer] for

12-20    stamps [or meter settings].  If a distributor fails to pay tax in

12-21    full when due, the comptroller [treasurer] may, if the distributor

12-22    does not pay such past due tax and any penalty related thereto

12-23    within three days after receipt of written notice of such failure

12-24    from the comptroller [treasurer], sell or dispose of the collateral

12-25    and apply the proceeds to the payment of taxes, interest,

 13-1    penalties, and costs due to the comptroller [treasurer] by the

 13-2    distributor, with any remaining proceeds being refunded to the

 13-3    distributor.

 13-4          SECTION 5.  Subsections (b), (c), and (d), Section 154.405,

 13-5    Tax Code, are amended to read as follows:

 13-6          (b)  The comptroller [treasurer] shall give the notice by

 13-7    certified mail, return receipt requested, not later than the 15th

 13-8    day after the date of seizure and include with the notice an

 13-9    inventory of the property seized and a statement that the owner of

13-10    property seized is entitled to [of the date, time, and place of] a

13-11    hearing on the seizure.  Service by mail is complete when the

13-12    notice is received, as evidenced by return receipt from the U.S.

13-13    Postal Service.

13-14          (c)  After providing the notice and a hearing, if a hearing

13-15    is requested under Subsection (b), the comptroller [treasurer] may

13-16    order the forfeiture to the state of any property seized under this

13-17    chapter or the proceeds of the sale of any cigarettes seized under

13-18    this chapter if the property was used, controlled, possessed, or

13-19    concealed for the purpose of violating any provision of this

13-20    chapter.

13-21          (d)  The comptroller [treasurer] shall hold property or

13-22    proceeds forfeited under this section in escrow until the

13-23    comptroller's [treasurer's] determination is final and the period

13-24    for filing a petition for judicial review has expired.

13-25          SECTION 6.  Section 154.415, Tax Code, is amended to read as

 14-1    follows:

 14-2          Sec. 154.415.  DONATIONS [ADDITIONAL ENFORCEMENT POWERS].

 14-3    [(a)  The treasurer has all of the rights and powers granted the

 14-4    comptroller in Chapters 111 and 113 of this code with respect to

 14-5    the tax imposed by this chapter.  Those rights and powers are in

 14-6    addition to those granted the treasurer in this chapter.]

 14-7          [(b)]  The comptroller [treasurer] may accept gifts, grants,

 14-8    and donations for the administration and enforcement of this

 14-9    chapter.

14-10          SECTION 7.  Section 155.001, Tax Code, is amended to read as

14-11    follows:

14-12          Sec. 155.001.  DEFINITIONS.  In this chapter:

14-13                (1)  "Bonded agent" means a person in this state who is

14-14    an agent of a person outside this state and receives cigars and

14-15    tobacco products in interstate commerce and stores the cigars and

14-16    tobacco products for distribution or delivery to distributors under

14-17    orders from the person outside this state.

14-18                (2)  "Cigar" means a roll of fermented tobacco that is

14-19    wrapped in tobacco and the main stream of smoke from which produces

14-20    an alkaline reaction to litmus paper.

14-21                (3)  "Common carrier" means a motor carrier registered

14-22    under Chapter 643, Transportation Code [Article 6675c, Revised

14-23    Statutes], or a motor carrier operating under a certificate issued

14-24    by the Interstate Commerce Commission or a successor agency to the

14-25    Interstate Commerce Commission.

 15-1                (4)  "Consumer" means a person who possesses tobacco

 15-2    products for personal consumption.

 15-3                (5)  "Distributor" means a person who:

 15-4                      (A)  receives tobacco products for the purpose of

 15-5    making a first sale in this state from a manufacturer outside the

 15-6    state or within the state or otherwise brings or causes to be

 15-7    brought into this state tobacco products for sale, use, or

 15-8    consumption; [or]

 15-9                      (B)  manufactures or produces tobacco products;

15-10    or

15-11                      (C)  is an importer or import broker.

15-12                (6)  "Export warehouse" means a person in this state

15-13    who receives tobacco products from manufacturers and stores the

15-14    tobacco products for the purpose of making sales to authorized

15-15    persons for resale, use, or consumption outside the United States.

15-16                (7)  "First sale" means, except as otherwise provided

15-17    by this chapter:

15-18                      (A)  the first transfer of possession in

15-19    connection with a purchase, sale, or any exchange for value of

15-20    tobacco products in intrastate commerce;

15-21                      (B)  the first use or consumption of tobacco

15-22    products in this state; or

15-23                      (C)  the loss of tobacco products in this state

15-24    whether through negligence, theft, or other unaccountable loss.

15-25                (8)  "Importer" or "Import broker" means a person who

 16-1    ships, transports, or imports into this state tobacco products

 16-2    manufactured or produced outside the United States for the purpose

 16-3    of making a first sale in this state.

 16-4                (9) [(7)]  "Manufacturer" means a person who

 16-5    manufactures or produces tobacco products and sells tobacco

 16-6    products to a distributor.

 16-7                (10) [(8)]  "Manufacturer's representative" means a

 16-8    person employed by a manufacturer to sell or distribute the

 16-9    manufacturer's tobacco products.

16-10                (11) [(9)]  "Permit holder" means a bonded agent,

16-11    distributor, wholesaler, or retailer required to obtain a permit

16-12    under Section 155.041.

16-13                (12) [(10)]  "Place of business" means:

16-14                      (A)  a commercial business location [place] where

16-15    tobacco products are sold;

16-16                      (B)  a commercial business location [place] where

16-17    tobacco products are kept for sale or consumption or otherwise

16-18    stored; or

16-19                      (C)  a vehicle from which tobacco products are

16-20    sold.

16-21                (13) [(11)]  "Retailer" means a person who engages in

16-22    the practice of selling tobacco products to consumers and includes

16-23    the owner of a coin-operated vending machine.

16-24                (14) [(12)]  "Tobacco product" means:

16-25                      (A)  a cigar;

 17-1                      (B)  smoking tobacco, including granulated,

 17-2    plug-cut, crimp-cut, ready-rubbed, and any form of tobacco suitable

 17-3    for smoking in a pipe or as a cigarette;

 17-4                      (C)  chewing tobacco, including Cavendish, Twist,

 17-5    plug, scrap, and any kind of tobacco suitable for chewing;

 17-6                      (D)  snuff or other preparations of pulverized

 17-7    tobacco; or

 17-8                      (E)  an article or product that is made of

 17-9    tobacco or a tobacco substitute and that is not a cigarette.

17-10                (15) [(13)]  "Wholesaler" means a person, including a

17-11    manufacturer's representative, who sells or distributes tobacco

17-12    products in this state for resale but who is not a distributor.

17-13          SECTION 8.  Section 155.101, Tax Code, is amended to read as

17-14    follows:

17-15          Sec. 155.101.  RECORD OF PURCHASE OR RECEIPT.  Each

17-16    distributor, wholesaler, bonded agent, and export warehouse shall

17-17    keep records at each place of business of all tobacco products

17-18    purchased or received.  Each retailer shall keep records at a

17-19    single location, which the retailer shall designate as its

17-20    principal place of business in the state, of all tobacco products

17-21    purchased and received.  These records must include the following,

17-22    except that Subdivision (7) applies to distributors only:

17-23                (1)  the name and address of the shipper or carrier and

17-24    the mode of transportation;

17-25                (2)  all shipping records or copies of records,

 18-1    including invoices, bills of lading, waybills, freight bills, and

 18-2    express receipts;

 18-3                (3)  the date and the name of the place of origin of

 18-4    the tobacco product shipment;

 18-5                (4)  the date and the name of the place of arrival of

 18-6    the tobacco product shipment;

 18-7                (5)  a statement of the number, kind, and price paid

 18-8    for the tobacco products;

 18-9                (6)  the name, address, permit number, and tax

18-10    identification number of the seller; [and]

18-11                (7)  the manufacturer's list price for the tobacco

18-12    products; and

18-13                (8)  any other information required by rules of the

18-14    comptroller [treasurer].

18-15          SECTION 9.  Subsection (b), Section 155.102, Tax Code, is

18-16    amended to read as follows:

18-17          (b)  The records for each sale, distribution, exchange, or

18-18    use of tobacco products must show:

18-19                (1)  the purchaser's name and address, permit number,

18-20    or tax identification number;

18-21                (2)  the method of delivery and the name of the common

18-22    carrier or other person delivering the tobacco products;

18-23                (3)  the date, amount, and type of tobacco products

18-24    sold, distributed, exchanged, or used;

18-25                (4)  the price received for the tobacco products; [and]

 19-1                (5)  the number and kind of tobacco products on which

 19-2    the tax has been paid; and

 19-3                (6)  for sales from a manufacturer to a distributor,

 19-4    the manufacturer's list price for the tobacco products.

 19-5          SECTION 10.  Section 155.111, Tax Code, is amended to read as

 19-6    follows:

 19-7          Sec. 155.111.  DISTRIBUTOR'S REPORT.  (a)  A distributor

 19-8    shall file with the comptroller [treasurer] on or before the 30th

 19-9    day of each month, a report for the preceding month.

19-10          (b)  The report must show:

19-11                (1)  the date the report was made;

19-12                (2)  the distributor's name and address;

19-13                (3)  the month the report covers;

19-14                (4)  the amount of tobacco products purchased,

19-15    received, and acquired;

19-16                (5)  the manufacturer's list price of tobacco products

19-17    purchased, received, and acquired;

19-18                (6)  the amount of tobacco products sold, distributed,

19-19    used, lost, or otherwise disposed of;

19-20                (7) [(6)]  the amount of tobacco products on hand at

19-21    the beginning and the end of the month; and

19-22                (8) [(7)]  any other information the comptroller

19-23    [treasurer] requires relating to tobacco products and to the

19-24    payment of taxes due on them.

19-25          (c)  The comptroller [treasurer] shall prescribe the form and

 20-1    content of the report.

 20-2          SECTION 11.  Section 155.141, Tax Code, is amended to read as

 20-3    follows:

 20-4          Sec. 155.141.  DONATIONS [ENFORCEMENT POWERS].  [(a)  The

 20-5    treasurer has all of the rights and powers granted the comptroller

 20-6    in Chapters 111 and 113 of this code with respect to the tax

 20-7    imposed by this chapter.  Those rights and powers are in addition

 20-8    to those granted the treasurer in this chapter.]

 20-9          [(b)]  The comptroller [treasurer] may accept gifts, grants,

20-10    and donations for the administration and enforcement of this

20-11    chapter.

20-12          SECTION 12.  Subsections (b), (c), and (d), Section 155.145,

20-13    Tax Code, are amended to read as follows:

20-14          (b)  The comptroller [treasurer] shall give the notice by

20-15    certified mail, return receipt requested, not later than the 15th

20-16    day after the date of seizure and shall include with the notice an

20-17    inventory of the property seized and a statement that the owner of

20-18    property seized is entitled to [of the date, time, and place of] a

20-19    hearing on the seizure.  Service by mail is complete when the

20-20    notice is received, as evidenced by return receipt from the U.S.

20-21    Postal Service.

20-22          (c)  After providing the notice and a hearing, if a hearing

20-23    is requested under Subsection (b), the comptroller [treasurer] may

20-24    order the forfeiture to the state of any property seized under this

20-25    chapter or the proceeds of the sale of any tobacco products seized

 21-1    under this chapter if the comptroller [treasurer] finds that the

 21-2    property was used, controlled, possessed, or concealed for the

 21-3    purpose of violating any provision of this chapter.

 21-4          (d)  The comptroller [treasurer] shall hold property or

 21-5    proceeds forfeited under this section in escrow until the

 21-6    comptroller's [treasurer's] determination is final and the period

 21-7    for filing a petition for judicial review has expired.

 21-8          SECTION 13.  The following provisions of the Tax Code are

 21-9    repealed:

21-10                (1)  Section 111.1041;

21-11                (2)  Section 154.048; and

21-12                (3)  Section 154.049.

21-13          SECTION 14.  This Act takes effect October 1, 1997.

21-14          SECTION 15.  The importance of this legislation and the

21-15    crowded condition of the calendars in both houses create an

21-16    emergency and an imperative public necessity that the

21-17    constitutional rule requiring bills to be read on three several

21-18    days in each house be suspended, and this rule is hereby suspended.

21-19                         COMMITTEE AMENDMENT NO. 1

21-20          Amend S.B. 1266 on page 3, line 9, strike "20" and substitute

21-21    "10".

21-22                                                               Oliveira

21-23                         COMMITTEE AMENDMENT NO. 2

21-24          Amend S.B. 1266 by adding a new SECTION 14 and renumbering

21-25    the remaining sections accordingly:

 22-1          SECTION 14.  In addition to duties prescribed by other law,

 22-2    any state agency responsible for compliance with section 1926 of

 22-3    the federal Public Health Service Act (42 U.S.C. Section 300x-26)

 22-4    regarding the sale of tobacco products to individuals under the age

 22-5    of 18 shall file with the comptroller a copy of the reports and

 22-6    agreements required under such federal act.  If the state agency

 22-7    fails to file a copy of the reports and agreements within 10 days

 22-8    after such information is due under section 1926, the comptroller

 22-9    shall withhold expense appropriations.  The comptroller may enter

22-10    into agreements with the responsible state agencies and may

22-11    promulgate rules as necessary to facilitate compliance.

22-12                                                               Oliveira