LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session March 27, 2001 TO: Honorable Rodney Ellis, Chair, Senate Committee on Finance FROM: John Keel, Director, Legislative Budget Board IN RE: SB1123 by Armbrister (Relating to the enforcement and collection of taxes, fees, and other revenue; providing criminal penalties.), As Introduced ************************************************************************** * No significant fiscal implication to the State is anticipated. * ************************************************************************** The bill would codify various issues on tax enforcement and tax administration. The proposed amendments would clarify and support the Comptroller's duties in enforcing and administering the tax laws of the state. All affected agencies indicate the changes proposed in the bill would not have a significant fiscal impact. The bill would (1) amend the Code of Criminal Procedure, the Government Code, the Tax Code, the Business Corporation Act, and the Limited Liability Company Act concerning the enforcement of various taxes and fees collected by the Comptroller; (2) expand Comptroller's access to Texas Department of Public Safety criminal history records when necessary for the enforcement and administration of various taxes; (3) establish a liability for delinquent taxes, penalties, and interest for persons who acquire a business through a fraudulent transfer with the intent to evade tax collections; (4) clarify the required records that must be maintained by those collecting or owing limited sales and use tax; (5) raise the amount of security that the Comptroller could require from certain limited sales and use tax permit holders or mixed beverage tax permit holders; (6) create or increase criminal penalties for various offenses relating to intentional failure to pay taxes, intentionally concealing, destroying, or making false entries in required records, and various other tax fraud related offenses; and (7) update or delete obsolete sections of the Tax Code and clarify other enforcement issues for various taxes and fees collected by the Comptroller. The bill would take effect September 1, 2001. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies: 551 Texas Department of Agriculture, 405 Texas Department of Public Safety, 582 Texas Natural Resource Conservation Commission, 212 Office of Court Administration, 302 Office of the Attorney General, 304 Comptroller of Public Accounts LBB Staff: JK, SD, WP