HBA-AMW H.B. 2012 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2012 By: McCall Ways & Means 3/8/2001 Introduced BACKGROUND AND PURPOSE Currently, the computer system of the comptroller of public accounts (comptroller) may receive electronic data for the collection of 39 of the 63 taxes the comptroller collects. Electronic filing of tax data potentially reduces the state's processing costs and turnaround time for refund payments. The comptroller's office estimates that requiring taxpayers with a tax liability of $100,000 or more during the preceding fiscal year to file their returns electronically may provide savings to the general revenue fund by reducing such costs. House Bill 2012 requires taxpayers with a tax liability of $100,000 or more during the preceding fiscal year to submit tax payments electronically and requires certain tax reports to be filed electronically. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the comptroller of public accounts in SECTION 1 (Sections 111.0625, and 111.0626, Tax Code) of this bill. ANALYSIS House Bill 2012 amends the Tax Code to require the comptroller of public accounts (comptroller) by rule to require a taxpayer who paid $100,000 or more during the preceding fiscal year in a category of payments required under provisions regarding state taxation to transfer payments in that category by means of electronic funds transfer if the comptroller reasonably anticipates the person will pay at least that amount during the current fiscal year. The bill requires the comptroller by rule to require electronic filing of a report required under provisions regarding the limited sales, excise, and use tax, gas production tax, oil production tax, or an international fuel tax agreement for a taxpayer who is also required to transfer payments by electronic funds transfer. The bill authorizes the comptroller to adopt rules requiring electronic filing of other reports. The bill specifies that a rule adopted regarding the electronic filing of certain reports must provide for a waiver from the electronic filing requirement for a taxpayer who cannot comply. The bill authorizes the comptroller to impose a penalty of five percent of the tax due on a person who is required to but does not file a report electronically. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.