By: Ellis, Zaffirini S.B. No. 848
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to crediting interest to a suspense account of the
1-3 comptroller and transferring accumulated interest from the account.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (a), Section 404.071, Government Code,
1-6 is amended to read as follows:
1-7 (a) Interest received from investments of money in funds and
1-8 accounts in the charge of the comptroller shall be allocated on a
1-9 monthly basis as follows:
1-10 (1) the pro rata portion of the interest received due
1-11 to each constitutional fund shall be credited to that fund;
1-12 (2) the pro rata portion of the interest received due
1-13 to the game, fish, and water safety fund shall be credited to that
1-14 fund; and
1-15 (3) the remainder of the interest received[, except
1-16 the portion required by other statutes to be credited on a pro rata
1-17 basis to protested payments,] shall be credited to the general
1-18 revenue fund.
1-19 SECTION 2. (a) This section applies only to the accumulated
1-20 interest that remains credited to the suspense account of the
1-21 comptroller of public accounts into which, under former law, the
1-22 comptroller deposited protested payments of taxes, fees, and
1-23 penalties made as a condition of bringing suit under Subchapter J,
1-24 Chapter 403, Government Code, or Chapter 112, Tax Code.
1-25 (b) The comptroller of public accounts shall transfer all
2-1 remaining amounts of the accumulated interest accrued on the
2-2 protested payments, on a pro rata basis, to the credit of the
2-3 appropriate funds or accounts into which accrued interest on the
2-4 various taxes, fees, or penalties that were protested is allocated
2-5 by other law.
2-6 SECTION 3. This Act takes effect immediately if it receives
2-7 a vote of two-thirds of all the members elected to each house, as
2-8 provided by Section 39, Article III, Texas Constitution. If this
2-9 Act does not receive the vote necessary for immediate effect, this
2-10 Act takes effect on the 91st day after the last day of the
2-11 legislative session.