1-1     By:  Armbrister                                       S.B. No. 1123
 1-2           (In the Senate - Filed March 6, 2001; March 7, 2001, read
 1-3     first time and referred to Committee on Finance; April 2, 2001,
 1-4     reported adversely, with favorable Committee Substitute by the
 1-5     following vote:  Yeas 12, Nays 0; April 2, 2001, sent to printer.)
 1-6     COMMITTEE SUBSTITUTE FOR S.B. No. 1123                  By:  Fraser
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to the enforcement and collection of taxes, fees, and
1-10     other revenue; providing criminal penalties.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Article 2.12, Code of Criminal Procedure, as
1-13     amended by Chapters 90, 322, 882, and 974, Acts of the 76th
1-14     Legislature, Regular Session, 1999, is amended to read as follows:
1-15           Art. 2.12.  WHO ARE PEACE OFFICERS.  The following are peace
1-16     officers:
1-17                 (1)  sheriffs, their deputies, and those reserve
1-18     deputies who hold a permanent peace officer license issued under
1-19     Chapter 1701, Occupations [415, Government] Code;
1-20                 (2)  constables, deputy constables, and those reserve
1-21     deputy constables who hold a permanent peace officer license issued
1-22     under Chapter 1701, Occupations [415, Government] Code;
1-23                 (3)  marshals or police officers of an incorporated
1-24     city, town, or village, and those reserve municipal police officers
1-25     who hold a permanent peace officer license issued under Chapter
1-26     1701, Occupations [415, Government] Code;
1-27                 (4)  rangers and officers commissioned by the Public
1-28     Safety Commission and the Director of the Department of Public
1-29     Safety;
1-30                 (5)  investigators of the district attorneys', criminal
1-31     district attorneys', and county attorneys' offices;
1-32                 (6)  law enforcement agents of the Texas Alcoholic
1-33     Beverage Commission;
1-34                 (7)  each member of an arson investigating unit
1-35     commissioned by a city, a county, or the state;
1-36                 (8)  officers commissioned under Section 37.081,
1-37     Education Code, or Subchapter E, Chapter 51, Education Code;
1-38                 (9)  officers commissioned by the General Services
1-39     Commission;
1-40                 (10)  law enforcement officers commissioned by the
1-41     Parks and Wildlife Commission;
1-42                 (11)  airport police officers commissioned by a city
1-43     with a population of more than one million[, according to the most
1-44     recent federal census,] that operates an airport that serves
1-45     commercial air carriers;
1-46                 (12)  airport security personnel commissioned as peace
1-47     officers by the governing body of any political subdivision of this
1-48     state, other than a city described by Subdivision (11), that
1-49     operates an airport that serves commercial air carriers;
1-50                 (13)  municipal park and recreational patrolmen and
1-51     security officers;
1-52                 (14)  security officers and investigators commissioned
1-53     as peace officers by the comptroller;
1-54                 (15)  officers commissioned by a water control and
1-55     improvement district under Section 49.216, Water Code;
1-56                 (16)  officers commissioned by a board of trustees
1-57     under Chapter 54, Transportation Code [341, Acts of the 57th
1-58     Legislature, Regular Session, 1961 (Article 1187f, Vernon's Texas
1-59     Civil Statutes)];
1-60                 (17)  investigators commissioned by the Texas State
1-61     Board of Medical Examiners;
1-62                 (18)  officers commissioned by the board of managers of
1-63     the Dallas County Hospital District, the Tarrant County Hospital
1-64     District, or the Bexar County Hospital District under Section
 2-1     281.057, Health and Safety Code;
 2-2                 (19)  county park rangers commissioned under Subchapter
 2-3     E, Chapter 351, Local Government Code;
 2-4                 (20)  investigators employed by the Texas Racing
 2-5     Commission;
 2-6                 (21)  officers commissioned under Chapter 554,
 2-7     Occupations Code [by the State Board of Pharmacy];
 2-8                 (22)  officers commissioned by the governing body of a
 2-9     metropolitan rapid transit authority under Section 451.108,
2-10     Transportation Code, or by a regional transportation authority
2-11     under Section 452.110, Transportation Code;
2-12                 (23)  investigators commissioned by the attorney
2-13     general under Section 402.009, Government Code;
2-14                 (24)  security officers and investigators commissioned
2-15     as peace officers under Chapter 466, Government Code;
2-16                 (25)  an officer employed by the Texas Department of
2-17     Health under Section 431.2471, Health and Safety Code;
2-18                 (26)  officers appointed by an appellate court under
2-19     Subchapter F, Chapter 53, Government Code;
2-20                 (27)  officers commissioned by the state fire marshal
2-21     under Chapter 417, Government Code;
2-22                 (28)  an investigator commissioned by the commissioner
2-23     of insurance under Article 1.10D, Insurance Code;
2-24                 (29)  apprehension specialists commissioned by the
2-25     Texas Youth Commission as officers under Section 61.0931, Human
2-26     Resources Code; [and]
2-27                 (30)  officers appointed by the executive director of
2-28     the Texas Department of Criminal Justice under Section 493.019,
2-29     Government Code;[.]
2-30                 (31) [(30)]  investigators commissioned by the
2-31     Commission on Law Enforcement Officer Standards and Education under
2-32     Section 1701.160, Occupations [415.016, Government] Code; and[.]
2-33                 (32)  commission [(30)  board] investigators
2-34     commissioned by the Texas Commission on Private Security under
2-35     Section 1702.061(f), Occupations Code [10(f), Private Investigators
2-36     and Private Security Agencies Act (Article 4413(29bb), Vernon's
2-37     Texas Civil Statutes)].
2-38           SECTION 2.  Section 411.109, Government Code, is amended to
2-39     read as follows:
2-40           Sec. 411.109.  ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
2-41     COMPTROLLER.  (a)  The comptroller is entitled to obtain from the
2-42     department criminal history record information maintained by the
2-43     department that the comptroller believes is necessary for the
2-44     enforcement or administration of Chapter 151, 152, 153, 154, or
2-45     [Chapter] 155, Tax Code, including criminal history record
2-46     information that relates to a person who is:
2-47                 (1)  an applicant for a permit under any of those
2-48     chapters [Chapter 154 or Chapter 155, Tax Code];
2-49                 (2)  a permit holder under any [either] of those
2-50     chapters;
2-51                 (3)  an officer, director, stockholder owning 10
2-52     percent or more of the outstanding stock, partner, owner, or
2-53     managing employee of an applicant or permit holder under any
2-54     [either] of those chapters that is a corporation, association,
2-55     joint venture, syndicate, partnership, or proprietorship;
2-56                 (4)  believed to have violated any of those chapters
2-57     [Chapter 154 or Chapter 155, Tax Code]; or
2-58                 (5)  being considered by the comptroller for employment
2-59     as a peace officer.
2-60           (b)  The comptroller is entitled to obtain from the
2-61     department criminal history record information maintained by the
2-62     department that relates to a person who is an employee of or an
2-63     applicant for employment with the comptroller's office in a
2-64     position that involves:
2-65                 (1)  handling currency, checks, or other funds;
2-66                 (2)  having access to taxpayer account information;
2-67                 (3)  working in a location designated by the
2-68     comptroller as a security-sensitive area; or
2-69                 (4)  performing financial management duties designated
 3-1     by the comptroller as security sensitive.
 3-2           (c)  The comptroller is entitled to obtain from the
 3-3     department criminal history record information maintained by the
 3-4     department that the comptroller believes is necessary for the
 3-5     enforcement or administration of Chapter 159, Tax Code.
 3-6           (d)  Criminal history record information obtained by the
 3-7     comptroller under Subsections (a), [and] (b), and (c) may not be
 3-8     released or disclosed to any person except on court order or as
 3-9     provided by Subsection (e) [(d)].
3-10           (e) [(d)]  The comptroller is not prohibited from disclosing
3-11     to a person who is the subject of criminal history record
3-12     information the dates and places of arrests, the offenses, and the
3-13     dispositions in the criminal history record information.
3-14           SECTION 3.  Section 111.020, Tax Code, is amended by adding
3-15     Subsection (f) to read as follows:
3-16           (f)  Compliance with Subsection (a)  is not a defense to an
3-17     assessment of tax liability under Section 111.024 if:
3-18                 (1)  the amount withheld from the purchase price is not
3-19     sufficient to fully satisfy the liability of the seller of the
3-20     business or stock of goods; and
3-21                 (2)  the purchase price paid to the seller for the
3-22     business or stock of goods is not reasonably equivalent to the
3-23     value of the business or stock of goods.
3-24           SECTION 4.  Subsections (a) and (c), Section 111.021, Tax
3-25     Code, are amended to read as follows:
3-26           (a)  If a person is delinquent in the payment of an amount
3-27     required to be paid or has not paid an amount claimed in a
3-28     determination made against the person, the comptroller may notify
3-29     personally, [or] by [registered] mail, or by means of facsimile or
3-30     electronic transmission any other person who:
3-31                 (1)  possesses or controls a credit, bank or savings
3-32     account, deposit, or other intangible or personal property
3-33     belonging to the delinquent or the person against whom the unpaid
3-34     determination is made, hereafter referred to as "assets"; or
3-35                 (2)  owes a debt to the delinquent or person against
3-36     whom the unpaid determination is made.
3-37           (c)  A notice under this section may be given at any time
3-38     within three years after the payment becomes delinquent or within
3-39     three years after the last recording of a lien filed under this
3-40     title, but not thereafter.  The notice must state the amount of
3-41     taxes, penalties and interest due and owing, and an additional
3-42     amount of penalties and interest that will accrue by operation of
3-43     law in a period not to exceed 30 days and, in the case of a credit,
3-44     bank or savings account or deposit, is effective only up to that
3-45     amount.
3-46           SECTION 5.  Subsection (a), Section 111.022, Tax Code, is
3-47     amended to read as follows:
3-48           (a)  If the comptroller believes that the collection of a tax
3-49     required to be paid to the state or the amount due for a tax period
3-50     [of a determination] is jeopardized by delay, the comptroller shall
3-51     issue a determination stating the amount and that the tax
3-52     collection is in jeopardy.  The amount required to be paid to the
3-53     state or due for the tax period [determined] is due and payable
3-54     immediately.
3-55           SECTION 6.  Subchapter A, Chapter 111, Tax Code, is amended
3-56     by adding Section 111.024 to read as follows:
3-57           Sec. 111.024.  LIABILITY IN FRAUDULENT TRANSFERS.  (a)  A
3-58     person who acquires a business or the assets of a business from a
3-59     taxpayer through a fraudulent transfer or a sham transaction is
3-60     liable for any tax, penalty, and interest owed by the taxpayer.
3-61           (b)  A transfer of a business or the assets of a business is
3-62     considered to be a fraudulent transfer or a sham transaction if the
3-63     taxpayer made the transfer or undertook the transaction:
3-64                 (1)  with intent to evade, hinder, delay, or prevent
3-65     the collection of any tax, penalty, or interest owed under this
3-66     title; or
3-67                 (2)  without receiving a reasonably equivalent value in
3-68     exchange for the business or business assets subject to the
3-69     transfer or transaction.
 4-1           (c)  In determining the intent of the taxpayer under
 4-2     Subsection (b)(1), consideration may be given, among other factors,
 4-3     to whether:
 4-4                 (1)  the transfer was to a current or former business
 4-5     insider, associate, or employee of the taxpayer or to a person
 4-6     related to the taxpayer within the third degree of consanguinity by
 4-7     blood or marriage;
 4-8                 (2)  the transfer was to a third party who subsequently
 4-9     transferred the business or assets of the business to a current or
4-10     former business insider, associate, or employee of the taxpayer or
4-11     to a person related to the taxpayer within the third degree of
4-12     consanguinity by blood or marriage;
4-13                 (3)  the taxpayer retained possession or control of the
4-14     business or the assets of the business after the transfer or
4-15     transaction;
4-16                 (4)  the taxpayer's business and the transferee's
4-17     business are essentially operated as a single business entity at
4-18     the same location;
4-19                 (5)  before the transfer or the transaction occurred,
4-20     the taxpayer had either been subjected to or apprised of impending
4-21     collection action by the comptroller or by the attorney general;
4-22                 (6)  the transfer or transaction was concealed;
4-23                 (7)  the taxpayer was insolvent at the time of the
4-24     transfer or became insolvent not later than the 31st day after the
4-25     date the transfer or transaction occurred; or
4-26                 (8)  the transfer or transaction involved all or
4-27     substantially all of the taxpayer's assets.
4-28           (d)  This section does not apply to a transfer of a business
4-29     or the assets of a business:
4-30                 (1)  through a court order on dissolution of a
4-31     marriage; or
4-32                 (2)  by descent or distribution or testate succession
4-33     on the death of a taxpayer.
4-34           SECTION 7.  Section 113.009, Tax Code, is amended by adding
4-35     Subsection (c) to read as follows:
4-36           (c)  A state tax lien filed under this chapter may not be
4-37     released fully until the taxpayer pays all other taxes, penalties,
4-38     interest, fees, or sums that the taxpayer owes the state and that
4-39     are administered or collected by the comptroller.
4-40           SECTION 8.  Subsection (b), Section 113.105, Tax Code, is
4-41     amended to read as follows:
4-42           (b)  The state tax lien on personal property and real estate
4-43     attaches to personal property and real estate owned by the taxpayer
4-44     beginning on the first day of the period for which [on or after the
4-45     date] the lien is filed by the state.
4-46           SECTION 9.  Section 151.023, Tax Code, is amended to read as
4-47     follows:
4-48           Sec. 151.023.  INVESTIGATIONS AND AUDITS.  (a)  The
4-49     comptroller, or another person authorized by the comptroller in
4-50     writing, may examine, copy, and photograph the books, records,
4-51     papers, and equipment of a person who sells taxable items or of a
4-52     person liable for the use tax and may investigate the character of
4-53     the business of the person to verify the accuracy of the person's
4-54     report or to determine the amount of tax that may be required to be
4-55     paid if no report has been filed.
4-56           (b)  For the purpose of determining the amount of tax
4-57     collected and payable to the state, the amount of tax accruing and
4-58     due, and whether a tax liability has been incurred under this
4-59     chapter, the comptroller or a person authorized by the comptroller
4-60     may:
4-61                 (1)  inspect at any time during business hours any
4-62     business premises where a taxable event has occurred and examine,
4-63     copy, and photograph the books, returns, records, papers, and
4-64     equipment relating to the conduct in question; and
4-65                 (2)  require by delivery of written notice to the
4-66     taxpayer or to an employee, representative, or agent of the
4-67     taxpayer that, not later than the 10th working day after the date
4-68     the notice is delivered, the taxpayer produce to an agent or
4-69     designated representative of the comptroller for inspection the
 5-1     books, records, papers, and returns relating to the taxable
 5-2     activity stated in the notice.
 5-3           SECTION 10.  Subsection (a), Section 151.025, Tax Code, is
 5-4     amended to read as follows:
 5-5           (a)  All sellers and all other persons storing, using, or
 5-6     consuming in this state a taxable item purchased from a retailer
 5-7     shall keep the following records:
 5-8                 (1)  records of gross receipts, including documentation
 5-9     in the form of receipts, shipping manifests, invoices, and other
5-10     pertinent papers, from each rental, lease, taxable service, and
5-11     taxable labor transaction occurring during each reporting period;
5-12                 (2)  records in the form of receipts, shipping
5-13     manifests, invoices, and other pertinent papers of all purchases of
5-14     taxable items from every source made during each reporting period;
5-15     and
5-16                 (3)  records in the form of receipts, shipping
5-17     manifests, invoices, and other pertinent papers that substantiate
5-18     each claimed deduction or exclusion authorized by law[, receipts,
5-19     invoices, and other pertinent papers in the form that the
5-20     comptroller reasonably requires].
5-21           SECTION 11.  Subsection (b), Section 151.253, Tax Code, is
5-22     amended to read as follows:
5-23           (b)  The comptroller shall fix the amount of security
5-24     required in each case, taking into consideration the amount of tax
5-25     that has or is expected to become due from the person under this
5-26     chapter and all other applicable local sales and use taxes [the
5-27     Local Sales and Use Tax Act] and the necessity to protect the state
5-28     against the failure to pay these taxes.  The[, except that the]
5-29     maximum amount of security that may be required is the greater
5-30     [lesser] of $100,000 [$50,000] or four [three] times the amount of
5-31     the person's average monthly tax liability.
5-32           SECTION 12.  Subchapter L, Chapter 151, Tax Code, is amended
5-33     by adding Section 151.7032 to read as follows:
5-34           Sec. 151.7032.  FAILURE TO PAY TAXES COLLECTED; CRIMINAL
5-35     PENALTY.  (a)  A person commits an offense if the person
5-36     intentionally or knowingly fails to pay to the comptroller, as
5-37     required by this chapter, the tax collected by that person.
5-38           (b)  An offense under this section is:
5-39                 (1)  a Class C misdemeanor if the amount of the tax
5-40     collected and not paid is less than $10,000;
5-41                 (2)  a state jail felony if the amount of the tax
5-42     collected and not paid is $10,000 or more but less than $20,000;
5-43                 (3)  a felony of the third degree if the amount of the
5-44     tax collected and not paid is $20,000 or more but less than
5-45     $100,000; and
5-46                 (4)  a felony of the second degree if the amount of the
5-47     tax collected and not paid is $100,000 or more.
5-48           SECTION 13.  Section 151.708, Tax Code, is amended to read as
5-49     follows:
5-50           Sec. 151.708.  SELLING WITHOUT PERMIT; CRIMINAL PENALTY.
5-51     (a)  A person or officer of a corporation commits an offense if the
5-52     person or corporation engages in business as a retailer in this
5-53     state without a permit required by this chapter or after the permit
5-54     is suspended.
5-55           (b)  A first [An] offense under this section is a Class C
5-56     misdemeanor [punishable by a fine of not more than $500].
5-57           (c)  If it is shown on the trial of an offense under this
5-58     section that the person or officer has previously been finally
5-59     convicted of one offense under this section, on conviction the
5-60     person or officer shall be punished for a Class B misdemeanor
5-61     punishable by a fine only, not to exceed $2,000 [A separate offense
5-62     is committed each day that a person or officer of a corporation
5-63     violates this section].
5-64           (d)  If it is shown on the trial of an offense under this
5-65     section that the person or officer has previously been finally
5-66     convicted of two offenses under this section, on conviction the
5-67     person or officer shall be punished for a Class A misdemeanor
5-68     punishable by a fine only, not to exceed $4,000.
5-69           (e)  If it is shown on the trial of an offense under this
 6-1     section that the person or officer has previously been finally
 6-2     convicted of three or more offenses under this section, on
 6-3     conviction the person or officer shall be punished for a Class A
 6-4     misdemeanor punishable by a fine not to exceed $4,000, confinement
 6-5     in jail for a term not to exceed one year, or both the fine and
 6-6     confinement.
 6-7           (f)  Each day a person or an officer of a corporation
 6-8     operates a business without a permit or with a suspended permit is
 6-9     a separate offense under this section.
6-10           SECTION 14.  Section 151.709, Tax Code, is amended to read as
6-11     follows:
6-12           Sec. 151.709.  FAILURE TO FURNISH REPORT [OR INFORMATION];
6-13     CRIMINAL PENALTY.  (a)  A person commits an offense if the person
6-14     refuses to furnish a report [or other data] as required by this
6-15     chapter or by the comptroller as authorized by this chapter.
6-16           (b)  A first [An] offense under this section is a Class C
6-17     misdemeanor [punishable by a fine of not more than $500].
6-18           (c)  If it is shown on the trial of an offense under this
6-19     section that the person has previously been finally convicted of
6-20     one offense under this section, on conviction the person shall be
6-21     punished for a Class B misdemeanor punishable by a fine only, not
6-22     to exceed $2,000.
6-23           (d)  If it is shown on the trial of an offense under this
6-24     section that the person has previously been finally convicted of
6-25     two or more offenses under this section, on conviction the person
6-26     shall be punished for a Class A misdemeanor punishable by a fine
6-27     only, not to exceed $4,000.
6-28           SECTION 15.  Subchapter L, Chapter 151, Tax Code, is amended
6-29     by adding Sections 151.7101, 151.7102, and 151.7103 to read as
6-30     follows:
6-31           Sec. 151.7101.  ELECTION OF OFFENSES.  If a violation of a
6-32     criminal provision of this chapter by a taxpayer constitutes
6-33     another offense under the laws of this state, the state may elect
6-34     the offense for which it will prosecute the taxpayer.
6-35           Sec. 151.7102.  FALSE ENTRY OR FAILURE TO ENTER IN RECORDS.
6-36     (a) A person commits an offense if the person intentionally or
6-37     knowingly conceals, destroys, makes a false entry in, or fails to
6-38     make an entry in records that are required to be made or kept under
6-39     this chapter.
6-40           (b)  An offense under this section is a felony of the third
6-41     degree.
6-42           Sec. 151.7103.  FAILURE TO PRODUCE FOR INSPECTION OR ALLOW
6-43     INSPECTION OF RECORDS.  (a)  A person commits an offense if the
6-44     person is asked, by a person authorized by the comptroller, to
6-45     produce or allow inspection of a record required to be kept under
6-46     this chapter and the person fails to produce the record or allow
6-47     the inspection after the allowed time.
6-48           (b)  An offense under this section is a Class C misdemeanor.
6-49     Each day the person fails to allow inspection of records or produce
6-50     records for inspection  after receiving a request is a separate
6-51     offense.
6-52           SECTION 16.  Subchapter L, Chapter 151, Tax Code, is amended
6-53     by adding Section 151.714 to read as follows:
6-54           Sec. 151.714.  VENUE FOR CRIMINAL PROSECUTION.  Venue for
6-55     prosecution for an offense under this chapter is in:
6-56                 (1)  the county in which any element of the offense
6-57     occurs; or
6-58                 (2)  Travis County.
6-59           SECTION 17.  Subsection (b), Section 152.101, Tax Code, is
6-60     amended to read as follows:
6-61           (b)  An offense under this section is a felony of the third
6-62     degree [punishable by imprisonment for not less than two nor more
6-63     than five years or a fine of not more than $1,000, or both].
6-64           SECTION 18.  Subsection (b), Section 152.102, Tax Code, is
6-65     amended to read as follows:
6-66           (b)  An offense under this section is a Class C misdemeanor
6-67     [punishable by a fine of not less than $10 nor more than $500 or
6-68     confinement in the county jail for not less than one day nor more
6-69     than 30 days, or both].
 7-1           SECTION 19.  Subsection (b), Section 152.103, Tax Code, is
 7-2     amended to read as follows:
 7-3           (b)  An offense under this section is a Class C misdemeanor
 7-4     [punishable by a fine of not less than $25 nor more than $500].
 7-5           SECTION 20.  Subchapter F, Chapter 152, Tax Code, is amended
 7-6     by adding Sections 152.104 and 152.105 to read as follows:
 7-7           Sec. 152.104.  FAILURE TO REMIT TAX COLLECTED.  (a)  A person
 7-8     who is a dealer, as defined by Section 503.001, Transportation
 7-9     Code, or who is acting in the capacity of a dealer, commits an
7-10     offense if the person intentionally or knowingly fails to pay to
7-11     the tax assessor-collector the motor vehicle sales tax collected as
7-12     required by this chapter.
7-13           (b)  An offense under this section is:
7-14                 (1)  a Class C misdemeanor if the value of the tax
7-15     collected and not paid is less than $1,500;
7-16                 (2)  a state jail felony if the value of the tax
7-17     collected and not paid is $1,500 or more but less than $20,000;
7-18                 (3)  a felony of the third degree if the value of the
7-19     tax collected and not paid is $20,000 or more but less than
7-20     $100,000;
7-21                 (4)  a felony of the second degree if the value of the
7-22     tax collected and not paid is $100,000 or more but less than
7-23     $200,000; and
7-24                 (5)  a felony of the first degree if the value of the
7-25     tax collected and not paid is $200,000 or more.
7-26           (c)  When amounts are obtained in violation of this section
7-27     pursuant to one scheme or continuing course of conduct, whether
7-28     from the same or several resources, the conduct may be considered
7-29     as one offense and the amounts aggregated in determining the grade
7-30     of the offense.
7-31           Sec. 152.105.  VENUE FOR CRIMINAL PROSECUTIONS. Venue for
7-32     prosecution of any offense under this chapter is in:
7-33                 (1)  the county in which any element of the offense
7-34     occurs; or
7-35                 (2)  Travis County.
7-36           SECTION 21.  Subsection (a), Section 153.402, Tax Code, is
7-37     amended to read as follows:
7-38           (a)  A person forfeits to the state a civil penalty of not
7-39     less than $25 nor more than $200 if the person:
7-40                 (1)  refuses to stop and permit the inspection and
7-41     examination of a motor vehicle transporting or using motor fuel on
7-42     demand of a peace officer or the comptroller;
7-43                 (2)  operates a motor vehicle in this state without a
7-44     valid interstate trucker's or a trip permit when the person is
7-45     required to hold one of those permits;
7-46                 (3)  operates a liquefied gas-propelled motor vehicle
7-47     that is required to be licensed in Texas, including motor vehicles
7-48     equipped with dual carburetion, and does not display a current
7-49     liquefied gas tax decal or multistate fuels tax agreement decal;
7-50                 (4)  makes a tax-free sale or delivery of liquefied gas
7-51     into the fuel supply tank of a motor vehicle that does not display
7-52     a current Texas liquefied gas tax decal;
7-53                 (5)  makes a taxable sale or delivery of liquefied gas
7-54     without holding a valid dealer's permit;
7-55                 (6)  makes a tax-free sale or delivery of liquefied gas
7-56     into the fuel supply tank of a motor vehicle bearing out-of-state
7-57     license plates;
7-58                 (7)  makes a delivery of liquefied gas into the fuel
7-59     supply tank of a motor vehicle bearing Texas license plates and no
7-60     Texas liquefied gas tax decal, unless licensed under a multistate
7-61     fuels tax agreement;
7-62                 (8)  transports gasoline or diesel fuel in any cargo
7-63     tank that has a connection by pipe, tube, valve, or otherwise with
7-64     the fuel injector or carburetor or with the fuel supply tank
7-65     feeding the fuel injector or carburetor of the motor vehicle
7-66     transporting the product;
7-67                 (9)  sells or delivers gasoline or diesel fuel from any
7-68     fuel supply tank connected with the fuel injector or carburetor of
7-69     a motor vehicle;
 8-1                 (10)  owns or operates a motor vehicle for which
 8-2     reports or mileage records are required by this chapter without an
 8-3     operating odometer or other device in good working condition to
 8-4     record accurately the miles traveled;
 8-5                 (11)  furnishes to a supplier a signed statement [to a
 8-6     supplier] for purchasing diesel fuel tax free and then uses the
 8-7     tax-free diesel fuel to operate a diesel-powered motor vehicle on a
 8-8     public highway [of a type that may be legally used by the purchaser
 8-9     for the operation of a motor vehicle on the public highway under
8-10     state or federal law tax free when he owns, operates, or acquires a
8-11     diesel-powered motor vehicle];
8-12                 (12)  fails or refuses to comply with or violates a
8-13     provision of this chapter;
8-14                 (13)  fails or refuses to comply with or violates a
8-15     comptroller's rule for administering or enforcing this chapter;
8-16                 (14)  is an importer who does not obtain an import
8-17     verification number when required by this chapter; or
8-18                 (15)  purchases motor fuel for export, on which the tax
8-19     imposed by this chapter has not been paid, and subsequently diverts
8-20     or causes the motor fuel to be diverted to a destination in this
8-21     state or any other state or country other than the originally
8-22     designated state or country without first obtaining a diversion
8-23     number.
8-24           SECTION 22.  Section 153.403, Tax Code, is amended to read as
8-25     follows:
8-26           Sec. 153.403.  CRIMINAL OFFENSES.  Except as provided by
8-27     Section 153.404 [of this code], a person commits an offense if the
8-28     person:
8-29                 (1)  refuses to stop and permit the inspection and
8-30     examination of a motor vehicle transporting or using motor fuel on
8-31     the demand of a peace officer or the comptroller;
8-32                 (2)  is required to hold a valid trip permit or
8-33     interstate trucker's permit, but operates a motor vehicle in this
8-34     state without a valid trip permit or interstate trucker's permit;
8-35                 (3)  operates a liquefied gas-propelled motor vehicle
8-36     that is required to be licensed in Texas, including a motor vehicle
8-37     equipped with dual carburetion, and does not display a current
8-38     liquefied gas tax decal or multistate fuels tax agreement decal;
8-39                 (4)  transports gasoline or diesel fuel in any cargo
8-40     tank that has a connection by pipe, tube, valve, or otherwise with
8-41     the fuel injector or carburetor or with the fuel supply tank
8-42     feeding the fuel injector or carburetor of the motor vehicle
8-43     transporting the product;
8-44                 (5)  sells or delivers gasoline or diesel fuel from a
8-45     fuel supply tank that is connected with the fuel injector or
8-46     carburetor of a motor vehicle;
8-47                 (6)  owns or operates a motor vehicle for which reports
8-48     or mileage records are required by this chapter without an
8-49     operating odometer or other device in good working condition to
8-50     record accurately the miles traveled;
8-51                 (7)  as a diesel tax prepaid user fails to prepay the
8-52     tax on every diesel-powered motor vehicle owned or operated by him;
8-53                 (8)  uses dyed diesel fuel, on which a tax is required
8-54     to be paid, for the operation of a motor vehicle on a public
8-55     highway;
8-56                 (9)  makes a tax-free sale or delivery of liquefied gas
8-57     into the fuel supply tank of a motor vehicle that does not display
8-58     a current Texas liquefied gas tax decal;
8-59                 (10)  makes a sale or delivery of liquefied gas on
8-60     which the person knows the tax is required to be collected, if at
8-61     the time the sale is made the person does not hold a valid dealer's
8-62     permit;
8-63                 (11)  makes a tax-free sale or delivery of liquefied
8-64     gas into the fuel supply tank of a motor vehicle bearing
8-65     out-of-state license plates;
8-66                 (12)  makes a delivery of liquefied gas into the fuel
8-67     supply tank of a motor vehicle bearing Texas license plates and no
8-68     Texas liquefied gas tax decal, unless licensed under a multistate
8-69     fuels tax agreement;
 9-1                 (13)  refuses to permit the comptroller or the attorney
 9-2     general to inspect, examine, or audit a book or record required to
 9-3     be kept by a distributor, supplier, dyed diesel fuel bonded user,
 9-4     agricultural bonded user, dealer, interstate trucker, aviation fuel
 9-5     dealer, jobber, common or contract carrier, or any person required
 9-6     to hold a permit under this chapter;
 9-7                 (14)  refuses to permit the comptroller or the attorney
 9-8     general to inspect or examine any plant, equipment, materials, or
 9-9     premises where motor fuel is produced, processed, stored, sold,
9-10     delivered, or used;
9-11                 (15)  refuses to permit the comptroller, [or] the
9-12     attorney general, an employee of either of those officials, a peace
9-13     officer, an employee of the Texas Natural Resource Conservation
9-14     Commission, or an employee of the Department of Agriculture to
9-15     measure or gauge the contents of or take samples from a storage
9-16     tank or container on premises where motor fuel is produced,
9-17     processed, stored, sold, delivered, or used;
9-18                 (16)  is a distributor, dyed diesel fuel bonded user,
9-19     agricultural bonded user, interstate trucker, or supplier and fails
9-20     or refuses to make or deliver to the comptroller a report required
9-21     by this chapter to be made and delivered to the comptroller;
9-22                 (17)  is an importer who does not obtain an import
9-23     verification number when required by this chapter;
9-24                 (18)  purchases motor fuel for export, on which the tax
9-25     imposed by this chapter has not been paid, and subsequently diverts
9-26     or causes the motor fuel to be diverted to a destination in this
9-27     state or any other state or country other than the originally
9-28     designated state or country without first obtaining a diversion
9-29     number;
9-30                 (19)  conceals motor fuel with the intent of engaging
9-31     in any conduct proscribed by this chapter or refuses to make sales
9-32     of motor fuel on the volume-corrected basis prescribed by this
9-33     chapter;
9-34                 (20)  refuses, while transporting motor fuel, to stop
9-35     the motor vehicle he is operating when called on to do so by a
9-36     person authorized to stop the motor vehicle;
9-37                 (21)  refuses to surrender a motor vehicle and cargo
9-38     for impoundment after being ordered to do so by a person authorized
9-39     to impound the motor vehicle and cargo;
9-40                 (22)  mutilates, destroys, or secretes a book or record
9-41     required by this chapter to be kept by a distributor, supplier,
9-42     dyed diesel fuel bonded user, agricultural bonded user, dealer,
9-43     interstate trucker, aviation fuel dealer, jobber, or person
9-44     required to hold a permit under this chapter;
9-45                 (23)  is a distributor, supplier, dyed diesel fuel
9-46     bonded user, agricultural bonded user, dealer, interstate trucker,
9-47     aviation fuel dealer, jobber, or other person required to hold a
9-48     permit under this chapter, or the agent or employee of one of those
9-49     persons and makes a false entry or fails to make an entry in the
9-50     books and records required under this chapter to be made by the
9-51     person or fails to retain a document as required by this chapter;
9-52                 (24)  transports in any manner motor fuel under a false
9-53     cargo manifest or shipping document, or transports in any manner
9-54     motor fuel to a location without delivering at the same time a
9-55     shipping document relating to that shipment;
9-56                 (25)  engages in a motor fuel transaction that requires
9-57     that the person have a permit under this chapter without then and
9-58     there holding the required permit;
9-59                 (26)  makes and delivers to the comptroller a report
9-60     required under this chapter to be made and delivered to the
9-61     comptroller, if the report contains false information;
9-62                 (27)  forges, falsifies, or alters an invoice
9-63     prescribed by law;
9-64                 (28)  makes any statement, knowing said statement to be
9-65     false, in a claim for a tax refund filed with the comptroller;
9-66                 (29)  furnishes to a supplier a signed statement for
9-67     purchasing diesel fuel tax free and then uses the tax-free diesel
9-68     fuel to operate a diesel-powered motor vehicle on a public highway
9-69     [of a type that may be legally used by the purchaser for the
 10-1    operation of a motor vehicle on the public highway under state or
 10-2    federal law tax free when he owns, operates, or acquires a
 10-3    diesel-powered motor vehicle];
 10-4                (30)  holds an aviation fuel dealer's permit and makes
 10-5    a taxable sale or use of any gasoline or diesel fuel;
 10-6                (31)  fails to remit any tax funds collected by a
 10-7    distributor, supplier, dyed diesel fuel bonded user, agricultural
 10-8    bonded user, dealer, interstate trucker, jobber, or any other
 10-9    person required to hold a permit under this chapter;
10-10                (32)  makes a sale of diesel fuel tax free into a
10-11    storage facility of a person who:
10-12                      (A)  is not permitted as a supplier, as an
10-13    aviation fuel dealer, as a dyed diesel fuel bonded user, as an
10-14    agricultural bonded user, or as a diesel tax prepaid user of diesel
10-15    fuel; or
10-16                      (B)  does not furnish to the permitted supplier a
10-17    signed statement prescribed in Section 153.205 [of this code];
10-18                (33)  makes a sale of gasoline tax free to any person
10-19    who is not permitted as either a distributor or an aviation fuel
10-20    dealer;
10-21                (34)  is a dealer who purchases any motor fuel tax free
10-22    when not authorized to make a tax-free purchase under this chapter;
10-23                (35)  is a dealer who purchases motor fuel with the
10-24    intent to evade any tax imposed by this chapter, or who accepts a
10-25    delivery of motor fuel by any means and does not at the same time
10-26    accept or receive a shipping document relating to the delivery;
10-27                (36)  transports motor fuel for which a cargo manifest
10-28    or shipping document is required to be carried without possessing
10-29    or exhibiting on demand by an officer authorized to make the demand
10-30    a cargo manifest or shipping document containing the information
10-31    required to be shown on the manifest or shipping document;
10-32                (37)  imports, sells, uses, distributes, or stores
10-33    motor fuel within this state on which the taxes imposed by this
10-34    chapter are owed but have not been first paid to or reported by the
10-35    holder of a distributor, supplier, liquefied gas dealer, interstate
10-36    trucker, diesel tax prepaid user, dyed diesel fuel bonded user, or
10-37    agricultural bonded user permit;
10-38                (38)  blends products together to produce a blended
10-39    fuel that is offered for sale, sold, or used that expands the
10-40    volume of the original product to evade paying applicable motor
10-41    fuel taxes; or
10-42                (39)  evades or attempts to evade in any manner a tax
10-43    imposed on motor fuel by this chapter.
10-44          SECTION 23.  Subsections (c) and (d), Section 153.404, Tax
10-45    Code, are amended to read as follows:
10-46          (c)  The prohibition under Section 153.403(32) does not apply
10-47    to the tax-free sale or distribution of diesel fuel authorized by
10-48    Section 153.203(1), (2), [or] (5), (8), or (9).
10-49          (d)  The prohibition under Section 153.403(33) does not apply
10-50    to the tax-free sale or distribution of gasoline under Section
10-51    153.104(2), [or] (4), (7), or (8).
10-52          SECTION 24.  Subsection (b), Section 183.053, Tax Code, is
10-53    amended to read as follows:
10-54          (b)  The total of bonds, certificates of deposit, letters of
10-55    credit, or other security determined to be sufficient by the
10-56    comptroller of a permittee subject to the tax imposed by this
10-57    chapter shall be in an amount that the comptroller determines to be
10-58    sufficient to protect the fiscal interests of the state.  The
10-59    comptroller may not set the amount of security at less than $1,000
10-60    or more than $50,000 [$25,000].
10-61          SECTION 25.  Section A, Article 8.15, Texas Business
10-62    Corporation Act, is amended to read as follows:
10-63          A.  The original and a copy of such application for
10-64    withdrawal, along with a certificate from the comptroller
10-65    [Comptroller of Public Accounts] that all [franchise] taxes,
10-66    including all applicable penalties and interest, administered by
10-67    the comptroller under Title 2, Tax Code, have been paid, shall be
10-68    delivered to the secretary of state [Secretary of State].  If the
10-69    secretary of state [Secretary of State] finds that such application
 11-1    conforms to the provisions of this Act, the secretary of state
 11-2    [Secretary of State] shall, when the appropriate filing fee is paid
 11-3    as required by law:
 11-4                (1)  Endorse on the original and the copy the word
 11-5    "Filed," and the month, day, and year of the filing thereof.
 11-6                (2)  File the original in the office of the secretary
 11-7    of state [Secretary of State].
 11-8                (3)  Issue a certificate of withdrawal to which shall
 11-9    be affixed the copy.
11-10          SECTION 26.  Section A, Article 6.08, Texas Limited Liability
11-11    Company Act (Article 1528n, Vernon's Texas Civil Statutes), is
11-12    amended to read as follows:
11-13          A.  The original and a copy of such articles of dissolution,
11-14    along with a certificate from the comptroller that all [franchise]
11-15    taxes, including all applicable penalties and interest,
11-16    administered by the comptroller under Title 2, Tax Code, have been
11-17    paid, shall be delivered to the secretary of state [Secretary of
11-18    State].  If the secretary of state [Secretary of State] finds that
11-19    such articles of dissolution conform to law, the secretary of state
11-20    [Secretary of State] shall, when the appropriate filing fee is paid
11-21    as required by law:
11-22                (1)  Endorse on the original and copy the word "Filed,"
11-23    and the month, day, and year of the filing thereof.
11-24                (2)  File the original in the secretary of state's
11-25    [Secretary of State's] office.
11-26                (3)  Issue a certificate of dissolution to which there
11-27    shall be affixed the copy.
11-28          SECTION 27.  Section A, Article 7.10, Texas Limited Liability
11-29    Company Act (Article 1528n, Vernon's Texas Civil Statutes), is
11-30    amended to read as follows:
11-31          A.  The original and a copy of such application for
11-32    withdrawal, along with a certificate from the comptroller that all
11-33    [franchise] taxes, including penalties and interest, administered
11-34    by the comptroller under Title 2, Tax Code, have been paid, shall
11-35    be delivered to the secretary of state [Secretary of State].  If
11-36    the secretary of state [Secretary of State] finds that such
11-37    application conforms to the provisions of this Act, the secretary
11-38    of state [Secretary of State] shall, when the appropriate filing
11-39    fee is paid as required by law:
11-40                (1)  Endorse on the original and the copy the word
11-41    "Filed," and the month, day, and year of the filing thereof.
11-42                (2)  File the original in the secretary of state's
11-43    [Secretary of State's] office.
11-44                (3)  Issue a certificate of withdrawal to which there
11-45    shall be affixed the copy.
11-46          SECTION 28.  Section 151.710, Tax Code, is repealed.
11-47          SECTION 29.  (a)  This Act takes effect September 1, 2001.
11-48          (b)  The changes in law made by Sections 7 and 8 of this Act
11-49    apply only to a lien filed on or after the effective date of this
11-50    Act.  A lien filed before the effective date of this Act is
11-51    governed by the law in effect on the date the lien was filed, and
11-52    that law is continued in effect for that purpose.
11-53          (c)  The changes in law made by Sections 12 through 20 and by
11-54    Sections 22 and 23 of this Act apply only to an offense committed
11-55    on or after the effective date of this Act.  For purposes of this
11-56    subsection, an offense is committed before the effective date of
11-57    this Act if any element of the offense is committed before that
11-58    date.  An offense committed before the effective date of this Act
11-59    is covered by the law in effect when the offense was committed, and
11-60    the former law is continued in effect for that purpose.
11-61          (d)  The change in law made by Section 22 of this Act applies
11-62    only to a signed statement furnished on or after the effective date
11-63    of this Act.  A signed statement furnished before the effective
11-64    date of this Act is governed by the law in effect on the date the
11-65    statement was furnished, and that law is continued in effect for
11-66    that purpose.
11-67                                 * * * * *