1-1 By: Duncan S.B. No. 640
1-2 (In the Senate - Filed February 9, 2001; February 13, 2001,
1-3 read first time and referred to Committee on Finance;
1-4 February 26, 2001, reported favorably by the following vote: Yeas
1-5 11, Nays 0; February 26, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to electronic filing of certain tax reports and payments.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Subchapter B, Chapter 111, Tax Code, is amended
1-11 by adding Sections 111.0625 and 111.0626 to read as follows:
1-12 Sec. 111.0625. ELECTRONIC TRANSFER OF CERTAIN PAYMENTS. The
1-13 comptroller by rule shall require a taxpayer who paid $100,000 or
1-14 more during the preceding fiscal year in a category of payments
1-15 required under this title to transfer payments in that category by
1-16 means of electronic funds transfer in accordance with Section
1-17 404.095, Government Code, if the comptroller reasonably anticipates
1-18 the person will pay at least that amount during the current fiscal
1-19 year.
1-20 Sec. 111.0626. ELECTRONIC FILING OF CERTAIN REPORTS.
1-21 (a) The comptroller by rule shall require electronic filing of a
1-22 report required under Chapter 151, 201, or 202, or an international
1-23 fuel tax agreement, for a taxpayer who is also required under
1-24 Section 111.0625 to transfer payments by electronic funds transfer.
1-25 (b) The comptroller may adopt rules requiring electronic
1-26 filing of a report not described by Subsection (a).
1-27 (c) A rule adopted under this section must provide for a
1-28 waiver from the electronic filing requirement for a taxpayer who
1-29 cannot comply.
1-30 SECTION 2. Section 111.063, Tax Code, is amended to read as
1-31 follows:
1-32 Sec. 111.063. PENALTY FOR FAILURE TO USE ELECTRONIC
1-33 TRANSFERS AND FILINGS [FUNDS TRANSFER]. (a) The comptroller may
1-34 impose a penalty of five percent of the tax due on a person who:
1-35 (1) is required by statute or rule to pay the tax to
1-36 the comptroller by means of electronic funds transfer[;] and
1-37 [(2)] does not pay the tax by means of electronic
1-38 funds transfer; or
1-39 (2) is required under Section 111.0626 to file a
1-40 report electronically and does not file the report electronically.
1-41 (b) The penalties [penalty] provided by this section are
1-42 [is] in addition to any other penalty provided by law.
1-43 SECTION 3. This Act takes effect immediately if it receives
1-44 a vote of two-thirds of all the members elected to each house, as
1-45 provided by Section 39, Article III, Texas Constitution. If this
1-46 Act does not receive the vote necessary for immediate effect, this
1-47 Act takes effect September 1, 2001.
1-48 * * * * *