1-1     By:  Armbrister                                       S.B. No. 1266

 1-2           (In the Senate - Filed March 12, 1997; March 17, 1997, read

 1-3     first time and referred to Committee on Finance; April 9, 1997,

 1-4     reported favorably, as amended, by the following vote:  Yeas 11,

 1-5     Nays 0; April 9, 1997, sent to printer.)

 1-6     COMMITTEE AMENDMENT NO. 1                             By:  Moncrief

 1-7     Amend S.B. No. 1266 on page 2, lines 5 and 6, by striking Section

 1-8     154.001(10) and substituting the following:

 1-9                 (10) [(8)]  "Individual package of cigarettes" means a

1-10     package that contains not fewer than 20 cigarettes[:]

1-11                            A BILL TO BE ENTITLED

1-12                                   AN ACT

1-13     relating to the administration, collection, and enforcement of

1-14     taxes on cigarettes, cigars, and tobacco products.

1-15           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-16           SECTION 1.  Section 154.001, Tax Code, is amended to read as

1-17     follows:

1-18           Sec. 154.001.  DEFINITIONS.  In this chapter:

1-19                 (1)  "Bonded agent" means a person in this state who is

1-20     an agent of a person outside this state and receives cigarettes in

1-21     interstate commerce and stores the cigarettes for distribution or

1-22     delivery to distributors under orders from the person outside this

1-23     state.

1-24                 (2)  "Cigarette" means a roll for smoking:

1-25                       (A)  that is made of tobacco or tobacco mixed

1-26     with another ingredient and wrapped or covered with a material

1-27     other than tobacco; and

1-28                       (B)  that is not a cigar.

1-29                 (3)  "Common carrier" means a motor carrier registered

1-30     under Chapter 643, Transportation Code [Article 6675c, Revised

1-31     Statutes], or a motor carrier operating under a certificate issued

1-32     by the Interstate Commerce Commission or a successor agency to the

1-33     Interstate Commerce Commission.

1-34                 (4)  "Consumer" means a person who possesses cigarettes

1-35     for personal consumption.

1-36                 (5)  "Counterfeit stamp" means a sticker, label, print,

1-37     tag, or token that is used or is intended to be used to simulate a

1-38     stamp and that is not authorized or issued by the comptroller

1-39     [treasurer].

1-40                 (6)  "Distributor" means a person who:

1-41                       (A)  is authorized to purchase for the purpose of

1-42     making a first sale in this state cigarettes in unstamped packages

1-43     from manufacturers who distribute cigarettes in this state and to

1-44     stamp cigarette packages;

1-45                       (B)  ships, transports, imports into this state,

1-46     acquires, or possesses cigarettes and makes a first sale of the

1-47     cigarettes in this state; [or]

1-48                       (C)  manufactures or produces cigarettes; or

1-49                       (D)  is an importer or import broker.

1-50                 (7)  "Export warehouse" means a person in this state

1-51     who receives cigarettes in unstamped packages from manufacturers

1-52     and stores the cigarettes for the purpose of making sales to

1-53     authorized persons for resale, use, or consumption outside the

1-54     United States.

1-55                 (8)  "First sale" means, except as otherwise provided

1-56     by this chapter:

1-57                       (A)  the first transfer of possession in

1-58     connection with a purchase, sale, or any exchange for value of

1-59     cigarettes in intrastate commerce;

1-60                       (B)  the first use or consumption of cigarettes

1-61     in this state; or

1-62                       (C)  the loss of cigarettes in this state whether

1-63     through negligence, theft, or other unaccountable loss.

1-64                 (9)  "Importer" or "Import broker" means a person who

 2-1     ships, transports, or imports into this state cigarettes

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

 2-3     of making a first sale in this state.

 2-4                 (10) [(8)]  "Individual package of cigarettes" means a

 2-5     package that contains not fewer than 10 cigarettes[:]

 2-6                       [(A)  the smallest package of cigarettes

 2-7     ordinarily manufactured for sale; or]

 2-8                       [(B)  any size package of cigarettes taxed by the

 2-9     United States].

2-10                 (11) [(9)]  "Manufacturer" means a person who

2-11     manufactures and sells cigarettes to a distributor.

2-12                 (12) [(10)]  "Manufacturer's representative" means a

2-13     person employed by a manufacturer to sell or distribute the

2-14     manufacturer's stamped cigarette packages.

2-15                 (13) [(11)]  "Permit holder" means a bonded agent,

2-16     distributor, wholesaler, or retailer required to obtain a permit

2-17     under Section 154.101.

2-18                 (14) [(12)]  "Place of business" means:

2-19                       (A)  a commercial business location [place] where

2-20     cigarettes are sold;

2-21                       (B)  a commercial business location [place] where

2-22     cigarettes are kept for sale or consumption or otherwise stored; or

2-23                       (C)  a vehicle from which cigarettes are sold.

2-24                 (15) [(13)]  "Previously used stamp" means a stamp that

2-25     has been used to show payment of a tax imposed by this chapter and

2-26     is again used, sold, or possessed for sale or use to show payment

2-27     of a tax imposed by this chapter.

2-28                 (16) [(14)]  "Retailer" means a person who engages in

2-29     the practice of selling cigarettes to consumers and includes the

2-30     owner of a coin-operated cigarette vending machine.

2-31                 (17) [(15)]  "Stamp" includes only a stamp that:

2-32                       (A)  is printed, manufactured, or made by

2-33     authority of the comptroller [treasurer];

2-34                       (B)  shows payment of the tax imposed by this

2-35     chapter; and

2-36                       (C)  is consecutively numbered and uniquely

2-37     identifiable as a Texas tax stamp.

2-38                 (18) [(16)]  "Wholesaler" means a person, including a

2-39     manufacturer's representative, who sells or distributes cigarettes

2-40     in this state for resale but who is not a distributor.

2-41           SECTION 2.  The heading of Subchapter C, Chapter 154, Tax

2-42     Code, is amended to read as follows:

2-43                   SUBCHAPTER C.  TAX STAMPS [AND METERS]

2-44           SECTION 3.  Section 154.050, Tax Code, is amended to read as

2-45     follows:

2-46           Sec. 154.050.  PAYMENT.  (a)  The comptroller [treasurer]

2-47     shall require that payment in full for stamps [or meter settings]

2-48     be made within 30 days after the date stamps [or a set meter] and

2-49     an accompanying invoice from the comptroller [treasurer] are

2-50     received by the distributor, except that at the close of each

2-51     biennium, payment for stamps [or meter settings] purchased or

2-52     received on or before August 31 of that fiscal year shall be made

2-53     in full on or before August 31 of that fiscal year, providing that

2-54     such payment be received in the office of the comptroller

2-55     [treasurer] no later than August 31 of that fiscal year

2-56     notwithstanding any other statute regarding tax due dates to the

2-57     contrary.

2-58           (b)  The comptroller [treasurer] may not ship stamps [or set

2-59     a meter] without advance payment under this section unless the

2-60     distributor has satisfied all requirements imposed under Section

2-61     154.051 [of this code].

2-62           (c)  Payment for stamps [or meter settings] must be made by

2-63     cashier's check payable to the comptroller [treasurer], electronic

2-64     funds transfer to the comptroller [treasurer], or any other method

2-65     of payment authorized by the comptroller [treasurer].

2-66           (d)  The dishonor of a check delivered to the comptroller

2-67     [treasurer] for payment of stamps constitutes a failure to pay the

2-68     tax when due.

2-69           SECTION 4.  Subsections (a), (b), (c), (e) through (k), (n),

 3-1     and (o), Section 154.051, Tax Code, are amended to read as follows:

 3-2           (a)  The cigarette tax recovery trust fund is a private trust

 3-3     fund established outside the state treasury and as provided by this

 3-4     section secures the payment of cigarette taxes by distributors who

 3-5     contribute to the fund.  The fund is composed of the total amount

 3-6     in the separate accounts maintained in trust for all contributing

 3-7     distributors as provided by this section.  The assets of the fund,

 3-8     including interest earned by those assets, are to be held in trust

 3-9     for the benefit and protection of the state treasury, and may not

3-10     be diverted, distributed, or appropriated for any purpose other

3-11     than as provided by this section.  Interest earned by a

3-12     distributor's account but not yet refunded to the distributor

3-13     pursuant to Subsection (d) shall, on a monthly basis, be paid to

3-14     the comptroller [treasurer] as provided by Subsection (b) or

3-15     credited to the distributor's account.

3-16           (b)  The comptroller [treasurer] is the trustee of the fund

3-17     as provided by Section 404.073, Government Code, and shall manage

3-18     the fund as provided by this section.  In investing the assets of

3-19     the fund, the comptroller [treasurer] has the obligations, duties,

3-20     and powers provided for the investment of state funds by Sections

3-21     404.021 through 404.0245 [404.025], Government Code, and by the

3-22     orders of the State Depository Board.  The comptroller [treasurer]

3-23     shall receive five percent of the interest earned on all assets of

3-24     the fund as compensation for serving as trustee of the fund.

3-25           (c)  A distributor who orders stamps [or requests a meter

3-26     setting] from the comptroller [state treasurer] under this chapter

3-27     without advance payment shall contribute to an account maintained

3-28     in the distributor's name in the fund money in the amount of each

3-29     allowance [discount] to which the distributor is entitled under

3-30     Section 154.052 [of this code].  When the money in the

3-31     distributor's account equals 20 percent of the designated amount of

3-32     stamps [and meter setting] requested by the distributor and

3-33     approved by the comptroller [treasurer] to be purchased in any one

3-34     month, the distributor's interest in the fund becomes vested.

3-35           (e)  Until a distributor who orders stamps [or requests a

3-36     meter setting] without advance payment acquires a vested interest

3-37     in the fund, the comptroller [treasurer] may require the

3-38     distributor to post with the comptroller [treasurer] an irrevocable

3-39     letter of credit drawn in the form and amount specified by the

3-40     comptroller [treasurer] to secure the payment of cigarette taxes by

3-41     that distributor.  The comptroller [treasurer] may not ship stamps

3-42     to [or set a meter for] a distributor not having a vested interest

3-43     in the fund without advance payment until the distributor posts the

3-44     required letter of credit.

3-45           (f)  In addition to any other requirement under this section,

3-46     the comptroller [treasurer] as a condition for shipping stamps [or

3-47     setting a meter] without advance payment may:

3-48                 (1)  require a fiscal-year-end financial statement,

3-49     including a balance sheet and income statement verifiable as to its

3-50     accuracy or other financial information acceptable to the

3-51     comptroller [treasurer] and verifiable as to its accuracy;

3-52                 (2)  require indemnification from each officer,

3-53     director, and stockholder owning 10 percent or more of outstanding

3-54     stock, if the distributor is a corporation, from each partner, if

3-55     the distributor is a partnership, from each member or owner of a

3-56     joint venture or syndication, and from the owner of a sole

3-57     proprietorship;

3-58                 (3)  require the distributor to obtain and provide the

3-59     comptroller [treasurer] with a credit report from a credit

3-60     reporting agency acceptable to the comptroller [treasurer];

3-61                 (4)  require a distributor to increase the balance in

3-62     its account in the fund;

3-63                 (5)  require a distributor to post a letter of credit;

3-64                 (6)  reduce a distributor's credit time or amount; or

3-65                 (7)  take any other reasonable and necessary action to

3-66     protect the state treasury from loss due to the nonpayment of

3-67     cigarette taxes.

3-68           (g)  If a distributor who has an account in the fund fails to

3-69     pay in full a tax imposed by this chapter by the due date, the

 4-1     comptroller [treasurer], without prior notice to the distributor or

 4-2     any other preliminary procedure, may seize any unaffixed stamps and

 4-3     any stamped cigarette packages, up to and including the full amount

 4-4     of unpaid tax.  If the proceeds from the seizure do not satisfy the

 4-5     total tax deficiency or the comptroller [treasurer] does not seize

 4-6     any unaffixed stamps or stamped cigarette packages, the comptroller

 4-7     [treasurer] may withdraw immediately from the fund an amount equal

 4-8     to the amount of unpaid taxes due.  The comptroller [treasurer]

 4-9     shall first withdraw the amount from the account of the defaulting

4-10     distributor.  The comptroller [treasurer] shall use the

4-11     comptroller's [treasurer's] best efforts to collect the tax due

4-12     from the defaulting distributor before withdrawing money from the

4-13     other accounts in the fund to satisfy the tax liability.  If that

4-14     distributor's account does not contain sufficient money to satisfy

4-15     the tax liability in full, the comptroller [treasurer] shall

4-16     withdraw the additional amount necessary to satisfy that liability

4-17     from the other accounts in the fund in proportion to the balance of

4-18     each account, except that the withdrawal from any other

4-19     distributor's account in the fund is limited to an amount not

4-20     greater than 50 percent of the designated amount of stamps [and

4-21     meter settings] requested by the distributor under Subsection (c)

4-22     or of the amount required by the comptroller [treasurer] under

4-23     Subsection (f)(4).  Not later than the fifth day after the date of

4-24     a withdrawal, the comptroller [treasurer] shall notify each

4-25     distributor of the withdrawal from its account and the amount

4-26     withdrawn.  If as a result of a withdrawal made under this

4-27     subsection a distributor's balance in its account is reduced to an

4-28     amount less than the minimum required under this section, the

4-29     distributor's interest in the fund is no longer vested, and the

4-30     comptroller [treasurer] may discontinue refunds to the distributor

4-31     under Subsection (d) until the distributor again acquires a vested

4-32     interest in the fund.  The comptroller [treasurer] may require a

4-33     distributor whose interest in the fund is no longer vested to post

4-34     an irrevocable letter of credit with the comptroller [treasurer] to

4-35     secure the payment of cigarette taxes by the distributor.  To

4-36     protect the fund, each distributor having an account in the fund

4-37     must indemnify the fund against any amount withdrawn from the fund

4-38     under this subsection because of the failure of the distributor to

4-39     pay in full a tax imposed by this chapter by the due date.

4-40           (h)  If distributor accounts, other than a defaulting

4-41     distributor account, are drawn pursuant to Subsection (g) [of this

4-42     section], each affected, nondefaulting distributor shall have a

4-43     claim against the defaulting distributor for the amount so drawn.

4-44     The comptroller [treasurer] is hereby appointed trustee, agent, and

4-45     assignee of each affected, nondefaulting distributor for purposes

4-46     of seeking recovery of the amount so drawn.  The comptroller

4-47     [treasurer] shall have the sole judgment and discretion in deciding

4-48     whether or not to pursue such a claim and shall have discretion to

4-49     handle any such claim on any basis that in the opinion of the

4-50     comptroller [treasurer] is in the best interest of the fund.  The

4-51     comptroller [treasurer] is released from any liability related to

4-52     the handling of the claims described in this section except for

4-53     intentional or wilful misconduct.

4-54           (i)  A distributor or person authorized to act on behalf of a

4-55     distributor may notify the comptroller [treasurer] in writing that

4-56     the distributor no longer desires to have stamps shipped [or a

4-57     meter set] without advance payment, and may request that the money

4-58     in the distributor's account in the fund be paid to the distributor

4-59     or the distributor's heirs or assigns.  The comptroller [treasurer]

4-60     shall pay the money in the distributor's account as requested at

4-61     the end of the next quarter after all outstanding taxes owed to the

4-62     state by the distributor have been paid.

4-63           (j)  Under no circumstances shall the comptroller [treasurer]

4-64     return to any distributor an amount greater than the balance in the

4-65     distributor's account within the cigarette tax recovery trust fund

4-66     less any sums drawn pursuant to Subsection (g) [of this section].

4-67     The State of Texas' liability to any distributor pursuant to this

4-68     section is expressly limited to the sums on deposit in the

4-69     distributor's account at the time the request for return of funds

 5-1     is made.

 5-2           (k)  The comptroller [treasurer] may adopt and enforce rules

 5-3     necessary to carry out this section.

 5-4           (n)  The comptroller [treasurer] shall regularly distribute

 5-5     financial information regarding the performance of the fund to

 5-6     participating distributors on a regular basis.  On the written

 5-7     request of a participating distributor, the comptroller [treasurer]

 5-8     shall provide the distributor with the name and address of each

 5-9     distributor participating in the fund, the percentage of the total

5-10     fund represented by each distributor's account, and the total

5-11     amount of money in the fund.

5-12           (o)  In lieu of participation in the cigarette tax recovery

5-13     trust fund to secure payment for stamps [or meter settings] and in

5-14     lieu of advance payment for stamps [or meter settings], a

5-15     distributor may pledge to the comptroller [treasurer] sufficient

5-16     collateral to secure payment for stamps [or meter settings].  Such

5-17     pledge shall be evidenced by a pledge agreement in a form

5-18     promulgated by the comptroller [treasurer], and such collateral

5-19     shall consist of certificates of deposit, treasury notes, treasury

5-20     bills, or other similar types of collateral acceptable to the

5-21     comptroller [treasurer] and held in a separate trust fund

5-22     established in the Texas Treasury Safekeeping Trust Company.  All

5-23     interest earned on such collateral shall belong to the distributor.

5-24     The comptroller [treasurer] may require the pledge of additional

5-25     collateral in the event the comptroller [treasurer] determines that

5-26     the fair market value of the pledged collateral is less than the

5-27     amount due the comptroller [treasurer] for stamps [or meter

5-28     settings].  On the written request of the distributor, the

5-29     comptroller [treasurer] shall release collateral from the pledge

5-30     agreement or allow the substitution of collateral subject to the

5-31     pledge agreement if after such release or substitution the fair

5-32     market value of the collateral subject to the pledge will be equal

5-33     to or greater than the amount due the comptroller [treasurer] for

5-34     stamps [or meter settings].  If a distributor fails to pay tax in

5-35     full when due, the comptroller [treasurer] may, if the distributor

5-36     does not pay such past due tax and any penalty related thereto

5-37     within three days after receipt of written notice of such failure

5-38     from the comptroller [treasurer], sell or dispose of the collateral

5-39     and apply the proceeds to the payment of taxes, interest,

5-40     penalties, and costs due to the comptroller [treasurer] by the

5-41     distributor, with any remaining proceeds being refunded to the

5-42     distributor.

5-43           SECTION 5.  Subsections (b), (c), and (d), Section 154.405,

5-44     Tax Code, are amended to read as follows:

5-45           (b)  The comptroller [treasurer] shall give the notice by

5-46     certified mail, return receipt requested, not later than the 15th

5-47     day after the date of seizure and include with the notice an

5-48     inventory of the property seized and a statement that the owner of

5-49     property seized is entitled to [of the date, time, and place of] a

5-50     hearing on the seizure.  Service by mail is complete when the

5-51     notice is received, as evidenced by return receipt from the U.S.

5-52     Postal Service.

5-53           (c)  After providing the notice and a hearing, if a hearing

5-54     is requested under Subsection (b), the comptroller [treasurer] may

5-55     order the forfeiture to the state of any property seized under this

5-56     chapter or the proceeds of the sale of any cigarettes seized under

5-57     this chapter if the property was used, controlled, possessed, or

5-58     concealed for the purpose of violating any provision of this

5-59     chapter.

5-60           (d)  The comptroller [treasurer] shall hold property or

5-61     proceeds forfeited under this section in escrow until the

5-62     comptroller's [treasurer's] determination is final and the period

5-63     for filing a petition for judicial review has expired.

5-64           SECTION 6.  Section 154.415, Tax Code, is amended to read as

5-65     follows:

5-66           Sec. 154.415.  DONATIONS [ADDITIONAL ENFORCEMENT POWERS].

5-67     [(a)  The treasurer has all of the rights and powers granted the

5-68     comptroller in Chapters 111 and 113 of this code with respect to

5-69     the tax imposed by this chapter.  Those rights and powers are in

 6-1     addition to those granted the treasurer in this chapter.]

 6-2           [(b)]  The comptroller [treasurer] may accept gifts, grants,

 6-3     and donations for the administration and enforcement of this

 6-4     chapter.

 6-5           SECTION 7.  Section 155.001, Tax Code, is amended to read as

 6-6     follows:

 6-7           Sec. 155.001.  DEFINITIONS.  In this chapter:

 6-8                 (1)  "Bonded agent" means a person in this state who is

 6-9     an agent of a person outside this state and receives cigars and

6-10     tobacco products in interstate commerce and stores the cigars and

6-11     tobacco products for distribution or delivery to distributors under

6-12     orders from the person outside this state.

6-13                 (2)  "Cigar" means a roll of fermented tobacco that is

6-14     wrapped in tobacco and the main stream of smoke from which produces

6-15     an alkaline reaction to litmus paper.

6-16                 (3)  "Common carrier" means a motor carrier registered

6-17     under Chapter 643, Transportation Code [Article 6675c, Revised

6-18     Statutes], or a motor carrier operating under a certificate issued

6-19     by the Interstate Commerce Commission or a successor agency to the

6-20     Interstate Commerce Commission.

6-21                 (4)  "Consumer" means a person who possesses tobacco

6-22     products for personal consumption.

6-23                 (5)  "Distributor" means a person who:

6-24                       (A)  receives tobacco products for the purpose of

6-25     making a first sale in this state from a manufacturer outside the

6-26     state or within the state or otherwise brings or causes to be

6-27     brought into this state tobacco products for sale, use, or

6-28     consumption; [or]

6-29                       (B)  manufactures or produces tobacco products;

6-30     or

6-31                       (C)  is an importer or import broker.

6-32                 (6)  "Export warehouse" means a person in this state

6-33     who receives tobacco products from manufacturers and stores the

6-34     tobacco products for the purpose of making sales to authorized

6-35     persons for resale, use, or consumption outside the United States.

6-36                 (7)  "First sale" means, except as otherwise provided

6-37     by this chapter:

6-38                       (A)  the first transfer of possession in

6-39     connection with a purchase, sale, or any exchange for value of

6-40     tobacco products in intrastate commerce;

6-41                       (B)  the first use or consumption of tobacco

6-42     products in this state; or

6-43                       (C)  the loss of tobacco products in this state

6-44     whether through negligence, theft, or other unaccountable loss.

6-45                 (8)  "Importer" or "Import broker" means a person who

6-46     ships, transports, or imports into this state tobacco products

6-47     manufactured or produced outside the United States for the purpose

6-48     of making a first sale in this state.

6-49                 (9) [(7)]  "Manufacturer" means a person who

6-50     manufactures or produces tobacco products and sells tobacco

6-51     products to a distributor.

6-52                 (10) [(8)]  "Manufacturer's representative" means a

6-53     person employed by a manufacturer to sell or distribute the

6-54     manufacturer's tobacco products.

6-55                 (11) [(9)]  "Permit holder" means a bonded agent,

6-56     distributor, wholesaler, or retailer required to obtain a permit

6-57     under Section 155.041.

6-58                 (12) [(10)]  "Place of business" means:

6-59                       (A)  a commercial business location [place] where

6-60     tobacco products are sold;

6-61                       (B)  a commercial business location [place] where

6-62     tobacco products are kept for sale or consumption or otherwise

6-63     stored; or

6-64                       (C)  a vehicle from which tobacco products are

6-65     sold.

6-66                 (13) [(11)]  "Retailer" means a person who engages in

6-67     the practice of selling tobacco products to consumers and includes

6-68     the owner of a coin-operated vending machine.

6-69                 (14) [(12)]  "Tobacco product" means:

 7-1                       (A)  a cigar;

 7-2                       (B)  smoking tobacco, including granulated,

 7-3     plug-cut, crimp-cut, ready-rubbed, and any form of tobacco suitable

 7-4     for smoking in a pipe or as a cigarette;

 7-5                       (C)  chewing tobacco, including Cavendish, Twist,

 7-6     plug, scrap, and any kind of tobacco suitable for chewing;

 7-7                       (D)  snuff or other preparations of pulverized

 7-8     tobacco; or

 7-9                       (E)  an article or product that is made of

7-10     tobacco or a tobacco substitute and that is not a cigarette.

7-11                 (15) [(13)]  "Wholesaler" means a person, including a

7-12     manufacturer's representative, who sells or distributes tobacco

7-13     products in this state for resale but who is not a distributor.

7-14           SECTION 8.  Section 155.101, Tax Code, is amended to read as

7-15     follows:

7-16           Sec. 155.101.  RECORD OF PURCHASE OR RECEIPT.  Each

7-17     distributor, wholesaler, bonded agent, and export warehouse shall

7-18     keep records at each place of business of all tobacco products

7-19     purchased or received.  Each retailer shall keep records at a

7-20     single location, which the retailer shall designate as its

7-21     principal place of business in the state, of all tobacco products

7-22     purchased and received.  These records must include the following,

7-23     except that Subdivision (7) applies to distributors only:

7-24                 (1)  the name and address of the shipper or carrier and

7-25     the mode of transportation;

7-26                 (2)  all shipping records or copies of records,

7-27     including invoices, bills of lading, waybills, freight bills, and

7-28     express receipts;

7-29                 (3)  the date and the name of the place of origin of

7-30     the tobacco product shipment;

7-31                 (4)  the date and the name of the place of arrival of

7-32     the tobacco product shipment;

7-33                 (5)  a statement of the number, kind, and price paid

7-34     for the tobacco products;

7-35                 (6)  the name, address, permit number, and tax

7-36     identification number of the seller; [and]

7-37                 (7)  the manufacturer's list price for the tobacco

7-38     products; and

7-39                 (8)  any other information required by rules of the

7-40     comptroller [treasurer].

7-41           SECTION 9.  Subsection (b), Section 155.102, Tax Code, is

7-42     amended to read as follows:

7-43           (b)  The records for each sale, distribution, exchange, or

7-44     use of tobacco products must show:

7-45                 (1)  the purchaser's name and address, permit number,

7-46     or tax identification number;

7-47                 (2)  the method of delivery and the name of the common

7-48     carrier or other person delivering the tobacco products;

7-49                 (3)  the date, amount, and type of tobacco products

7-50     sold, distributed, exchanged, or used;

7-51                 (4)  the price received for the tobacco products; [and]

7-52                 (5)  the number and kind of tobacco products on which

7-53     the tax has been paid; and

7-54                 (6)  for sales from a manufacturer to a distributor,

7-55     the manufacturer's list price for the tobacco products.

7-56           SECTION 10.  Section 155.111, Tax Code, is amended to read as

7-57     follows:

7-58           Sec. 155.111.  DISTRIBUTOR'S REPORT.  (a)  A distributor

7-59     shall file with the comptroller [treasurer] on or before the 30th

7-60     day of each month, a report for the preceding month.

7-61           (b)  The report must show:

7-62                 (1)  the date the report was made;

7-63                 (2)  the distributor's name and address;

7-64                 (3)  the month the report covers;

7-65                 (4)  the amount of tobacco products purchased,

7-66     received, and acquired;

7-67                 (5)  the manufacturer's list price of tobacco products

7-68     purchased, received, and acquired;

7-69                 (6)  the amount of tobacco products sold, distributed,

 8-1     used, lost, or otherwise disposed of;

 8-2                 (7) [(6)]  the amount of tobacco products on hand at

 8-3     the beginning and the end of the month; and

 8-4                 (8) [(7)]  any other information the comptroller

 8-5     [treasurer] requires relating to tobacco products and to the

 8-6     payment of taxes due on them.

 8-7           (c)  The comptroller [treasurer] shall prescribe the form and

 8-8     content of the report.

 8-9           SECTION 11.  Section 155.141, Tax Code, is amended to read as

8-10     follows:

8-11           Sec. 155.141.  DONATIONS [ENFORCEMENT POWERS]. [(a)  The

8-12     treasurer has all of the rights and powers granted the comptroller

8-13     in Chapters 111 and 113 of this code with respect to the tax

8-14     imposed by this chapter.  Those rights and powers are in addition

8-15     to those granted the treasurer in this chapter.]

8-16           [(b)]  The comptroller [treasurer] may accept gifts, grants,

8-17     and donations for the administration and enforcement of this

8-18     chapter.

8-19           SECTION 12.  Subsections (b), (c), and (d), Section 155.145,

8-20     Tax Code, are amended to read as follows:

8-21           (b)  The comptroller [treasurer] shall give the notice by

8-22     certified mail, return receipt requested, not later than the 15th

8-23     day after the date of seizure and shall include with the notice an

8-24     inventory of the property seized and a statement that the owner of

8-25     property seized is entitled to [of the date, time, and place of] a

8-26     hearing on the seizure.  Service by mail is complete when the

8-27     notice is received, as evidenced by return receipt from the U.S.

8-28     Postal Service.

8-29           (c)  After providing the notice and a hearing, if a hearing

8-30     is requested under Subsection (b), the comptroller [treasurer] may

8-31     order the forfeiture to the state of any property seized under this

8-32     chapter or the proceeds of the sale of any tobacco products seized

8-33     under this chapter if the comptroller [treasurer] finds that the

8-34     property was used, controlled, possessed, or concealed for the

8-35     purpose of violating any provision of this chapter.

8-36           (d)  The comptroller [treasurer] shall hold property or

8-37     proceeds forfeited under this section in escrow until the

8-38     comptroller's [treasurer's] determination is final and the period

8-39     for filing a petition for judicial review has expired.

8-40           SECTION 13.  The following provisions of the Tax Code are

8-41     repealed:

8-42                 (1)  Section 111.1041;

8-43                 (2)  Section 154.048; and

8-44                 (3)  Section 154.049.

8-45           SECTION 14.  This Act takes effect October 1, 1997.

8-46           SECTION 15.  The importance of this legislation and the

8-47     crowded condition of the calendars in both houses create an

8-48     emergency and an imperative public necessity that the

8-49     constitutional rule requiring bills to be read on three several

8-50     days in each house be suspended, and this rule is hereby suspended.

8-51                                  * * * * *