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
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* No significant fiscal implication to the State is anticipated. *
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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