By Chavez, Gutierrez, Raymond, Oliveira               H.B. No. 2582
         77R14402 E                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to customs brokers.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4                                  ARTICLE 1
 1-5           SECTION 1.01.  Sections 151.157(a), (d), (f), and (g), Tax
 1-6     Code, are amended to read as follows:
 1-7           (a)  A customs broker, or an authorized employee of a customs
 1-8     broker, licensed by the comptroller under this section may issue
 1-9     documentation for the purpose of showing the exemption of tangible
1-10     personal property under Section 151.307(b)(2) only under procedures
1-11     established by this section, Section 151.1575, and by the
1-12     comptroller by rule.
1-13           (d)  The amount of the bond or security required by
1-14     Subsection (b)(3) is $5,000 [$500], except that the comptroller may
1-15     require a customs broker to post additional bond or security in an
1-16     amount the comptroller considers necessary to ensure the payment of
1-17     the tax under this chapter and local sales and use taxes.  The
1-18     comptroller may not require a bond or security in an amount greater
1-19     than $10,000 [$2,500]. The comptroller may not require the customs
1-20     broker to post more than one bond or security solely because the
1-21     broker has more than one place of business.  The security may be in
1-22     the form of cash, a certificate of deposit, a letter of credit, or
1-23     another instrument of value.
1-24           (f)  The comptroller may suspend or revoke a license issued
 2-1     under this section if the customs broker does not comply with
 2-2     Section 151.1575(c) or knowingly or intentionally issues
 2-3     documentation that is false to obtain a refund of taxes paid on
 2-4     tangible personal property not exported or to assist another person
 2-5     in obtaining such a refund [for good cause].  The comptroller may
 2-6     determine the length of suspension or revocation necessary for the
 2-7     enforcement of this chapter and the comptroller's rules.  A
 2-8     proceeding to suspend or revoke a license under this subsection is
 2-9     a contested case under Chapter 2001, Government Code.  Judicial
2-10     review is by trial de novo.  The district courts of Travis County
2-11     have exclusive original jurisdiction of a suit under this section.
2-12           (g)  A customs broker may authorize a person to act as an
2-13     independent contractor to certify in accordance with Section
2-14     151.1575(a)(1) that tangible personal property has been exported
2-15     outside of the United States only if the authorization is part of
2-16     the written contract and the comptroller in writing approves the
2-17     authorization.  A customs broker may not authorize a person under
2-18     this subsection to prepare documentation for the purpose of showing
2-19     the exemption for tangible personal property under Section
2-20     151.307(b)(2).
2-21           SECTION 1.02.  Subchapter E, Chapter 151, Tax Code, is
2-22     amended by adding Section 151.1575 to read as follows:
2-23           Sec. 151.1575.  REQUIREMENTS RELATING TO ISSUING
2-24     DOCUMENTATION SHOWING EXPORTATION OF PROPERTY.  (a)  A customs
2-25     broker licensed by the comptroller or an authorized employee of the
2-26     customs broker may issue documentation certifying that delivery of
2-27     tangible personal property was made to a point outside the
 3-1     territorial limits of the United States as required by Section
 3-2     151.307(b)(2)(B) only if the customs broker or authorized employee:
 3-3                 (1)  actually watches the property cross the border of
 3-4     the United States;
 3-5                 (2)  actually watches the property being placed on a
 3-6     common carrier for delivery outside the territorial limits of the
 3-7     United States; or
 3-8                 (3)  verifies that the purchaser is a foreign national
 3-9     who is transporting the property to a destination outside of the
3-10     territorial limits of the United States by:
3-11                       (A)  examining a picture identification
3-12     indicating that the purchaser of the property  resides in a foreign
3-13     country;
3-14                       (B)  requiring the  purchaser to produce the
3-15     original receipt for the property;
3-16                       (C)  requiring the purchaser to state the foreign
3-17     country destination of the property which must be the foreign
3-18     country in which the purchaser resides;
3-19                       (D)  requiring the purchaser to state the date
3-20     and time when the property is expected to arrive in the foreign
3-21     country destination;
3-22                       (E)  requiring the purchaser to state the date
3-23     and time the property was purchased, the name and address of the
3-24     place at which the property was purchased, the sales price and
3-25     quantity of the property, and a description of the property; and
3-26                       (F)  requiring the purchaser to sign a form:
3-27                             (i)  stating that the purchaser has
 4-1     provided the information and documentation required by this
 4-2     subdivision; and
 4-3                             (ii)  that contains a notice to the
 4-4     purchaser that tangible personal property not exported is subject
 4-5     to taxation under this chapter and the purchaser is liable, in
 4-6     addition to other possible civil liabilities and criminal
 4-7     penalties, for payment of those taxes if a purchaser improperly
 4-8     obtained refund of those taxes.
 4-9           (b)  A customs broker licensed by the comptroller or an
4-10     authorized employee of the customs broker may issue and deliver
4-11     documentation under Subsection (a)  at any time after the tangible
4-12     personal property is purchased and the broker or employee completes
4-13     the process required by Subsection (a).  The documentation must
4-14     include:
4-15                 (1)  the name and address of the customs broker;
4-16                 (2)  the license number of the customs broker;
4-17                 (3)  the name and address of the purchaser;
4-18                 (4)  the name and address of the place at which the
4-19     property was purchased;
4-20                 (5)  the date and time of the sale;
4-21                 (6)  a description and the quantity of the property;
4-22                 (7)  the sales price of the property;
4-23                 (8)  the foreign country destination of the property,
4-24     which may not be the place of export;
4-25                 (9)  the date and time:
4-26                       (A)  at which the customs broker or authorized
4-27     employee actually watched the property cross the border of the
 5-1     United States;
 5-2                       (B)  at which the customs broker or authorized
 5-3     employee actually watched the property being placed on a common
 5-4     carrier for delivery outside the territorial limits of the United
 5-5     States; or
 5-6                       (C)  the property is expected to arrive in the
 5-7     foreign country destination, as stated by the purchaser;
 5-8                 (10)  a declaration signed by the customs broker or an
 5-9     authorized employee of the customs broker stating that the customs
5-10     broker is a licensed Texas customs broker; and
5-11                 (11)  an export certification stamp issued by the
5-12     comptroller.
5-13           (c)  The comptroller may require a customs broker to pay the
5-14     comptroller the amount of any tax refunded if the customs broker
5-15     does not comply with this section, Section 151.157, or the rules
5-16     adopted by the comptroller under this section or Section 151.157.
5-17     In addition to the amount of the refunded tax, the comptroller may
5-18     require the customs broker to pay a penalty in an amount equal to
5-19     two times the amount of the refunded tax, but not less than $500
5-20     nor more than $5,000.  The requirement to pay the refunded tax and
5-21     penalty is in addition to any civil or criminal penalty provided by
5-22     law.
5-23           (d)  A proceeding to require a customs broker to pay an
5-24     amount under Subsection (c) is a contested case in the same manner
5-25     as a proceeding to revoke or suspend a customs broker's license
5-26     under Section 151.157(f).
5-27           (e)  In this section, "customs broker" and "authorized
 6-1     employee" have the meanings assigned by Section 151.157.
 6-2           (f)  This section expires September 1, 2003.
 6-3           SECTION 1.03.  Section 151.158(g), Tax Code, is amended to
 6-4     read as follows:
 6-5           (g)  The comptroller shall charge an amount of 50 [not to
 6-6     exceed five] cents for each stamp.  The comptroller shall use the
 6-7     money from the sale of the stamps [only] for costs related to
 6-8     producing the stamps, including costs of materials, labor, and
 6-9     overhead.  Any surplus revenue from the sale of stamps shall be
6-10     distributed as follows:
6-11                 (1)  one-third of the revenue shall be allocated for
6-12     the enforcement of the provisions in Section 151.157; and
6-13                 (2)  two-thirds of the revenue shall be allocated to
6-14     the Texas Department of Transportation for expenses related to
6-15     transportation infrastructure maintenance and improvement, and such
6-16     revenue shall be expended proportionally in the districts from
6-17     which the stamp fee is raised.
6-18           SECTION 1.04.  (a)  This article takes effect September 1,
6-19     2001.
6-20           (b)  The change in law made by this article does not affect
6-21     taxes imposed before the effective date of this article, and the
6-22     law in effect on the date the taxes were imposed is continued in
6-23     effect for purposes of the liability for and collection of those
6-24     taxes.
6-25                                  ARTICLE 2
6-26           SECTION 2.01.  Sections 151.157(a), (d), (f), and (g), Tax
6-27     Code, are amended to read as follows:
 7-1           (a)  A customs broker, or an authorized employee of a customs
 7-2     broker, licensed by the comptroller under this section may issue
 7-3     documentation for the purpose of showing the exemption of tangible
 7-4     personal property under Section 151.307(b)(2) only under procedures
 7-5     established by the comptroller by rule.
 7-6           (d)  The amount of the bond or security required by
 7-7     Subsection (b)(3) is $500, except that the comptroller may require
 7-8     a customs broker to post additional bond or security in an amount
 7-9     the comptroller considers necessary to ensure the payment of the
7-10     tax under this chapter and local sales and use taxes.  The
7-11     comptroller may not require a bond or security in an amount greater
7-12     than $2,500. The comptroller may not require the customs broker to
7-13     post more than one bond or security solely because the broker has
7-14     more than one place of business.  The security may be in the form
7-15     of cash, a certificate of deposit, a letter of credit, or another
7-16     instrument of value.
7-17           (f)  The comptroller may suspend or revoke a license issued
7-18     under this section for good cause.  The comptroller may determine
7-19     the length of suspension or revocation necessary for the
7-20     enforcement of this chapter and the comptroller's rules.  A
7-21     proceeding to suspend or revoke a license under this subsection is
7-22     a contested case under Chapter 2001, Government Code.  Judicial
7-23     review is by trial de novo.  The district courts of Travis County
7-24     have exclusive original jurisdiction of a suit under this section.
7-25           (g)  A customs broker may authorize a person to act as an
7-26     independent contractor to certify that tangible personal property
7-27     has been exported outside of the United States only if the
 8-1     authorization is part of the written contract and the comptroller
 8-2     in writing approves the authorization.  A customs broker may not
 8-3     authorize a person under this subsection to prepare documentation
 8-4     for the purpose of showing the exemption for tangible personal
 8-5     property under Section 151.307(b)(2).
 8-6           SECTION 2.02.  (a)  This article takes effect September 1,
 8-7     2003.
 8-8           (b)  The change in law made by this article does not affect
 8-9     taxes imposed before the effective date of this article, and the
8-10     former law is continued in effect for purposes of the liability for
8-11     and collection of those taxes.