AN ACT
1-1 relating to the payment of ad valorem taxes by electronic funds
1-2 transfer.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (a), Section 31.06, Tax Code, is
1-5 amended to read as follows:
1-6 (a) Except as provided by Section 31.061, taxes are payable
1-7 only in currency of the United States. However, a collector may
1-8 accept a check or money order in payment of taxes, and may accept
1-9 payment by credit card or electronic funds transfer. A collector
1-10 and a person may enter into an agreement under which the person
1-11 pays taxes by electronic funds transfer. The agreement must:
1-12 (1) be in writing;
1-13 (2) be signed by the collector and the person; and
1-14 (3) specify the means or format of payment by
1-15 electronic funds transfer.
1-16 SECTION 2. Section 33.011, Tax Code, is amended by adding
1-17 Subsection (h) to read as follows:
1-18 (h) The governing body of a taxing unit shall waive
1-19 penalties and interest on a delinquent tax if:
1-20 (1) the tax is payable by electronic funds transfer
1-21 under an agreement entered into under Section 31.06(a); and
1-22 (2) the taxpayer submits evidence sufficient to show
1-23 that:
1-24 (A) the taxpayer attempted to pay the tax by
2-1 electronic funds transfer in the proper manner before the
2-2 delinquency date;
2-3 (B) the taxpayer's failure to pay the tax before
2-4 the delinquency date was caused by an error in the transmission of
2-5 the funds; and
2-6 (C) the tax was properly paid by electronic
2-7 funds transfer or otherwise not later than the 21st day after the
2-8 date the taxpayer knew or should have known of the delinquency.
2-9 SECTION 3. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended,
2-14 and that this Act take effect and be in force from and after its
2-15 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 779 passed the Senate on
April 7, 1999, by a viva-voce vote; and that the Senate concurred
in House amendment on May 28, 1999, by the following vote:
Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 779 passed the House, with
amendment, on May 26, 1999, by the following vote: Yeas 144,
Nays 0, two present not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor