SRC-EPT H.B. 109 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 109
By: Chavez (Shapleigh)
International Relations and Trade
5/23/2003
Engrossed


This analysis utilizes the House Committee Report, which is the most
recent version available to the Senate Research Center.  Amendments made
on the House floor are reflected in the analysis. 

BACKGROUND AND PURPOSE 

The United States Constitution exempts exports from state taxation and the
State of Texas has enacted statutes recognizing the exemption and provides
a means for obtaining a refund of state sales tax paid on exports. One of
those means is by a licensed customs broker issuing documentation
certifying that merchandise is an export. The statutes under which this
documentation is issued do not provide sufficient direction regarding when
and under what procedures this documentation may be issued certifying
merchandise as an export. Correcting these deficiencies could help ensure
the state's proper collection of taxes and benefit the economy of the
state by encouraging the sale of exports from Texas to Mexico. H.B. 109
modifies procedures under which licensed customs brokers operate,
including procedures under which they may issue documentation certifying
merchandise as an export, and provides for fines and penalties to be
imposed when procedures are not followed.  

RULEMAKING AUTHORITY

This bill grants additional rulemaking authority to the comptroller of
public accounts in SECTION 2 (Section 151.1575, Tax Code) of this bill.  

ANALYSIS

H.B. 109 amends the Tax Code to establish procedures under which licensed
custom brokers (broker) must operate.  H.B. 109 amends the licensing
procedure by increasing the annual broker license fee from $100,
regardless of whether the broker has more than one place of business, to
$300 for each place of business.  The bill  increases the amount of the
bond or security required of each broker from $500, regardless of whether
the broker has more than one place of business, to $5,000, plus an
additional $1,000 for each place of business. The bill requires the broker
to report quarterly to the comptroller on the value of tangible personal
property and corresponding tax exempted, and of the tax refunded. The bill
requires the comptroller to maintain a password-protected website for use
by a customs broker to prepare the documentation to show exemption of
tangible personal property that has been exported.  The comptroller shall
use the information provided for enforcement purposes. The comptroller may
require that a customs broker pay to the comptroller the amount of any tax
refunded if the customs broker does not comply with the Act or the rules
adopted by the comptroller in relation to the refund of the tax. H.B. 109
also specifies conditions under which the comptroller may suspend or
revoke a broker' s license. 

H.B. 109 provides that a broker or the authorized employee of a broker may
issue documentation to certify the delivery of tangible personal  property
outside the Unites States only if the broker verifies the delivery
according to specified procedures.  The bill provides that the
documentation must include certain information.  If the broker does not
comply with these procedures or with comptroller rules, the bill
authorizes the comptroller to require the broker to pay the amount of any
tax refunded or to pay the amount of the tax refunded and an additional
penalty that is equal to the amount of the refunded tax, but not less than
$500 or more than $5,000.  

 H.B. 109  requires the Comptroller to charge $1.60 for each export stamp.
When an exemption is claimed because tangible personal property is
exported outside the United States, one form of proof of export is for the
person claiming the tax exemption to sign the proof of export
documentation.  The bill also provides that the documentation include the
statement that "Providing false information to a customs broker is a crime
punishable by a fine of not more than $4,000, by confinement in jail for
not more than one year, or by both the fine and confinement." 
H.B 109 provides that the  retailer is required to file a tax report with
the Comptroller's office must show the amount of sales tax refunded for
items exported outside the United States after the retailer has received
the proof of export documentation. 

The bill clarifies that customs  brokers may provide documentation of
proof of export for a fee only if the documentation is provided in
accordance with Sec. 151.157 and rules adopted by the comptroller.  The
comptroller is required to revoke the license of a customs broker who
violates Sec. 151.712, and the customs broker may not apply for a new
license for one year after the license is revoked. 

EFFECTIVE DATE

January 1, 2004.