By Danburg H.B. No. 1431
77R4551 CBH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the voluntary collection of certain taxes.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 111, Tax Code, is amended by
1-5 adding Section 111.024 to read as follows:
1-6 Sec. 111.024. VOLUNTARY PAYMENT OF CERTAIN TAXES. (a) This
1-7 section applies to a nonresident who is not required under federal
1-8 law to collect and remit to the comptroller a use or other tax
1-9 imposed by this code or other law on the sale of tangible personal
1-10 property for storage, use, or consumption in this state.
1-11 (b) The comptroller may enter into an agreement with a
1-12 person described by Subsection (a) for the voluntary collection of
1-13 state and local taxes imposed on the sale of tangible personal
1-14 property stored, used, or consumed in this state. The comptroller
1-15 shall enter into the agreement if the person agrees to register
1-16 with the comptroller in accordance with Section 151.106 and comply
1-17 with all applicable rules.
1-18 (c) The comptroller may not, as a condition of entering into
1-19 an agreement under Subsection (b), impose on the person any
1-20 additional or more stringent requirements than the comptroller
1-21 imposes under Chapter 151 on a retailer engaged in business in this
1-22 state.
1-23 (d) An individual who purchases from a person who has
1-24 entered into an agreement under Subsection (b) tangible personal
2-1 property for personal storage, use, or consumption in this state is
2-2 not liable under any civil or criminal law of this state for
2-3 purchasing or accepting delivery of the property if:
2-4 (1) the individual pays to the person all state and
2-5 local taxes imposed by this code or other law on the sale and
2-6 delivery of the property;
2-7 (2) the individual can legally purchase the same or
2-8 substantially similar property in this state;
2-9 (3) the individual stores, uses, or consumes the
2-10 property and does not sell it; and
2-11 (4) it is not against federal law or the laws of the
2-12 state in which the person is located to sell the same or
2-13 substantially similar property or to deliver that property to this
2-14 state.
2-15 (e) A person who has entered into an agreement under
2-16 Subsection (b) who sells tangible personal property for storage,
2-17 use, or consumption in this state and any agent of the person
2-18 involved in the delivery of the property is not liable under any
2-19 civil or criminal law of this state for selling or delivering the
2-20 property to an individual in this state if:
2-21 (1) the person remits to the comptroller all state and
2-22 local taxes imposed by this code or other law on the sale and
2-23 delivery of the property;
2-24 (2) the individual who purchased the property and
2-25 accepted delivery for personal storage, use, or consumption in this
2-26 state can legally purchase the same or substantially similar
2-27 property in this state;
3-1 (3) the person has not received notice that the
3-2 individual who purchased the property has sold similar property
3-3 purchased from the person; and
3-4 (4) it is not against federal law or the laws of the
3-5 state in which the person is located to sell the same or
3-6 substantially similar property or to deliver that property to this
3-7 state.
3-8 SECTION 2. This Act takes effect September 1, 2001.