SRC-TJG S.B. 1279 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1279
78R7914 TBy: Armbrister
Finance
4/7/2003
As Filed


DIGEST AND PURPOSE 

As the principal administrator of tax collection and revenue management,
the Office of the Comptroller of Public Accounts relies on its rulemaking
authority to facilitate the performance of its duties.  As proposed, S.B.
1279 codifies policies, facilitates enforcement, and makes technical
corrections to state law. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the comptroller of public
account in SECTIONS 14 (Section 11.0046, Tax Code), 31 (Section 153.205,
Tax Code) and 39 (Section 156.104, Tax Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 161.122, Health and Safety Code, by adding
Subsection (f), to provide that a person commits an offense if the person
places or authorizes the placement of a sign in a location that is in
violation of this section.  Provides that an offense under this subsection
is a Class C misdemeanor. 

SECTION 2.  Amends Article 1.16(b), Insurance Code, to require the amount
of all examination and evaluation fees, rather than the assessments, paid
in each taxable year to the State of Texas by an insurance carrier, rather
than corporation or association hereby affected, to be allowed as a credit
on the amount of premium taxes due under this article, rather than to be
paid by any such insurance corporation or association for such taxable
year.  Provides that the limitations provided in Article 1.28, Section
2(a)(2) and (3) for domestic insurance companies apply to foreign
insurance companies.  Makes nonsubstantive changes. 

SECTION 3.  Amends Section 1, Article 4.10, Insurance Code, to add
"inter-insurance" exchanges to the list of organizations required to pay
the comptroller of public accounts a tax upon receiving gross premiums
from certain business as provided in this article. 

SECTION 4.  Amends Section 13, Article 4.10, Insurance Code, to provide
that the limitations provided in Article 1.28, Section 2(a)(2) and (3) for
domestic insurance companies apply to foreign insurance companies.  Makes
conforming changes. 

SECTION 5.  Amends Section 8, Article 4.11, Insurance Code, to require the
amount of all examination and evaluation, rather than valuation, fees paid
in, rather than during each taxable year to the State of Texas by an
insurance carrier to be allowed as a credit on the amount of premium taxes
due under this article.  Makes conforming changes. 

SECTION 6.  Amends Article 4.14(a), Insurance Code, to require the gross
premiums reported to not include the amount of premiums paid on certain
policies in which the group covered by the policy consists of a single
nonprofit trust established to provide coverage primarily for employees of
certain entities. 

SECTION 7.  Amends Section 7, Article 9.59, Insurance Code, to make
conforming changes. 

SECTION 8.  Amends Article 17.22(a), Insurance Code, to make a conforming
change. 
 
SECTION 9.  Amends Section (b), Article 20A.32, Insurance Code, to
prohibit a credit against the amount of premium taxes to be paid by the
health maintenance organization in a taxable year from being allowed on
certain expenses and fees relating to an examination.  Creates new
Subsection (b)(1) from existing text. 

SECTION 10.  Amends Article 20A.33(d), Insurance Code, to make a
conforming change. 

SECTION 11.  Amends Section 101.053(b), Insurance Code, to provide that
Sections 101.051 and 101.052 do not apply to a transaction that involves
an insurance contract independently procured by the insured from an
insurance company not authorized to do insurance business in this state
through negotiations occurring entirely outside this state. 

SECTION 12.  Amends Section 376.470, Local Government Code, as added by
Chapter 1433, Acts of the 77th Legislature, Regular Session, 2001, by
adding Subsection (d), to provide that Chapter 321, Tax Code, applies to
certain actions relating to sales and use tax imposed by this section
except to the extent it is inconsistent with the provisions of this
chapter. 

SECTION 13.  Amends Section 2153.153(a), Occupations Code, to require a
license applicant to file with the comptroller a license application that
is accompanied by a cashier's check, money order, personal check, or other
method of payment authorized by the comptroller in an amount equal to the
annual license fee under Section 2153.154.  Makes nonsubstantive changes. 

SECTION 14.  Amends Section 111.0046, Tax Code, to authorize the
comptroller to establish by rule the minimum age for a person who may
apply for a permit or license issued by the comptroller. 

SECTION 15.  Amends Sections 111.012(a) and (g), Tax Code, as follows:

(a) Deletes existing text related to the comptroller requiring a taxpayer
who is delinquent in the payment of the tax to take certain actions. 

(g) Authorizes the comptroller take certain actions if a taxpayer does not
furnish security to the comptroller or establish a tax escrow account as
required by the comptroller before a certain day. 

SECTION 16.  Amends Section 113.006(b), Tax Code, to provide that one tax
lien notice is sufficient to cover all taxes of any, rather than the same,
nature administered by the comptroller, including penalty and interest
computed by reference to the amount of tax, that may have accrued before
or after the filing of the notice. 

SECTION 17.  Amends Section 151.0035, Tax Code, to provide that data
storage does not include certain advertisements or links when these items
are displayed on an Internet web paged owned by another.  Makes a
nonsubstantive change. 

SECTION 18.  Amends Section 151.005, Tax Code, to redefine "sale" or
"purchase." 

SECTION 19.  Amends Section 151.056(f), Tax Code, to provide that a
contractor is not eligible for the exemptions provided in Section 151.318
on items used in the performance of contracts to improve real property. 

SECTION 20.  Amends Section 151.313(a), Tax Code, to include intravenous
systems, supplies, and replacement parts used in the treatment of humans
in the list of items exempted from the taxes of this chapter. 

SECTION 21.  Amends Section 151.314(e), Tax Code, to provide that a sale
is exempted under this subsection if the sale is made by a volunteer for
certain nonprofit organizations.  Deletes existing text relating to a sale
being exempted under this section if the sale is made by a person under 19
years old and who meets other requirements. 

 SECTION 22.  Amends Section 151.319(f), Tax Code, to increase from 75
cents to $1.50, the average sales price of which for each copy over a
30-day period does not exceed in the definition of "newspaper" in this
section.   

SECTION 23.  Amends Section 151.323, Tax Code, to provide that the
exemption provided under this section does not apply to mobile
telecommunications services.  Creates new Subsection (a) from existing
text. 

SECTION 24.  Amends Section 151.3501, Tax Code, as follows:

Sec. 151.3501.  LABOR TO RESTORE, REPAIR, OR REMODEL HISTORIC SITES. (a)
Provides that certain labor relating to real property is exempted from the
taxes imposed by this chapter if certain conditions apply. 

(b) Provides that the exemption provided in this sections does not apply
to tangible personal property transferred by the service provider to the
purchaser as part of the service. 

SECTION 25.  Amends Section 151.335, Tax Code, as added by Acts 2001, 77th
Legislative Chapter 1234, Section 39, to add "solely" as a modifier for
the purposes of certain equipment, services, and supplies. 

SECTION 26.  Amends Section 152.086(a), Tax Code, to provide that the
taxes imposed by this chapter do not apply to the sale or use of a motor
vehicle that has been or will be modified within two years of purchase for
the transportation of an orthopedically handicapped person. 

SECTION 27.  Amends Chapter 152F, Tax Code, by adding Section 152.106, as
follows: 

Sec. 152.106.  PROHIBITED ADVERTISING; CRIMINAL PENALTY  (a) Provides that
a person who is required by Chapter 503, Transportation Code, to hold a
dealer's general distinguishing number commits an offense if the person
directly or indirectly advertises, holds out, or states to a customer or
to the public that the person take certain actions relating to the tax. 

(b) Provides that an offense under this section is a Class C misdemeanor
punishable by a fine of not more than $500. 

SECTION 28.  Amends Section 153.013(a), Tax Code, to include "other users"
in the list of individuals who are presumed to have sold or used for
taxable purposes all motor fuel shown by an audit by the comptroller to
have been sold to certain individuals, if certain items are not kept.
Makes nonsubstantive changes. 

SECTION 29.  Amends Section 153.117, Tax Code, by adding Subsection (i),
to require a user who files a claim for refund to keep a record showing
the number gallons of gasoline used for certain purposes or lost, and a
distribution log if used by a bulk user for documentation to support a
refund claim. 

SECTION 30.  Amends Section 153.120, Tax Code, by adding Subsection (d),
to require a distribution log filed with the comptroller to support the
number of gallons of gasoline removed from a user's own bulk storage, to
contain the name and address of the bulk user making the delivery stamped
or preprinted on it and other certain information for each individual
delivery from the bulk storage. 

SECTION 31.  Amends Section 153.205, Tax Code, as follows:

Sec. 153.205.  STATEMENT FOR PURCHASE OF DIESEL FUEL TAX FREE.  (a)
Provides that the first sale or use of diesel fuel in this state is
taxable, except that sales of dyed diesel fuel, or of undyed diesel fuel
if the fuel will be used for an agricultural nonhighway purpose, to be
made without collecting the tax if the purchaser furnishes to a  permitted
supplier a signed statement, including an end user number or agricultural
exemption number issued by the comptroller.  Requires a person who wants
to use a signed statement to purchase dyed diesel fuel to apply to the
comptroller for an end user number to be used in conjunction with a signed
statement.  Requires a person who wants to use a signed statement to
purchase dyed or undyed diesel fuel for an agricultural nonhighway purpose
to apply to the comptroller for an agricultural exemption number to be
used in conjunction with a signed statement.  Prohibits a supplier from
making a taxfree sale of any diesel fuel to a purchaser using a signed
statement unless the purchaser has an end user number or agricultural
exemption number issued by the comptroller under this section. 
 
(b) Authorizes a sale of dyed diesel fuel to be made without collecting
the tax if the purchaser furnishes to a permitted supplier a signed
statement, including an end user number issued by the comptroller, that
stipulates certain conditions. 

(c) Authorizes a sale of dyed or undyed diesel fuel for an agricultural
nonhighway use to be made without collecting the tax if the purchaser
furnishes to a permitted supplier a signed statement, including an
agricultural exemption number issued by the comptroller, that stipulates
certain conditions. 

(d) Prohibits a person from making a tax-free purchase or a permitted
supplier from making a tax-free sale to a purchaser of any diesel fuel
under this section using a signed statement under certain conditions. 
   
(e) Provides that any gallons purchased or sold in excess of the
limitations prescribed by Subsection (d) constitute a taxable purchase or
sale.  Authorizes the purchaser paying the tax on dyed or undyed diesel
fuel in excess of the limitations prescribed by Subsection (d) to claim a
refund of the tax paid on any dyed or undyed diesel fuel used for
nonhighway purposes under Section 153.222. 
 
(f) Provides that the signed statement and end user number or agricultural
exemption number from the purchaser as provided by this section relieves
the permitted supplier from the burden of proof that the sale of dyed
diesel fuel or of undyed diesel fuel for an agricultural nonhighway
purpose was not taxable to the purchaser and remains in effect unless
certain actions are taken. 
  
(g) Requires the statement to be signed by the purchaser or his
representative. 
 
(h) Authorizes the comptroller's regulations to allow separate operating
divisions of corporations to give separate signed statements as if they
were different legal entities. 
 
(i) Authorizes the comptroller to promulgate necessary forms and rules to
administer and enforce this section. 
 
(j) Provides that a taxable use of any part of the dyed or undyed diesel
fuel purchased under a signed statement shall, in addition to any criminal
penalty, forfeit the right of the person to purchase dyed or undyed diesel
fuel tax free for a period of one year from the date of the offense, and
any tax, interest, and penalty found to be due through false or erroneous
execution or continuance of a promissory statement by the purchaser, if
assessed to the supplier, is a debt of the purchaser to the supplier until
paid, and is recoverable at law in the same manner as the purchase price
of the fuel.  Authorizes the person to, however, claim a refund of the tax
paid on any dyed or undyed diesel fuel used for nonhighway purposes under
Section 153.222. 

SECTION 32.  Amends Section 53.208(d), Tax Code, to prohibit a supplier
from making a taxfree sale or delivery of diesel fuel into the fuel supply
tanks of a motor vehicle other than a motor vehicle owned by the United
States, a motor vehicle exclusively operated by a public school  district
in this state, or a motor vehicle operated by a commercial transportation
company that provides public school transportation services to a school
district in this state under Section 34.008, Education Code (Contract with
Transit Authority or Commercial Transportation Company), that is used by
the company exclusively to provide those services. 

SECTION 33.  Amends Section 153.219(c), Tax Code, include a distribution
log if used by a bulk user for documentation to support a refund claim to
the list items certain individuals, who file a claim for a refund, are
required to keep a record.  Deletes existing text relating to other users
with nonhighway equipment uses who file a claim for a refund.  Makes a
nonsubstantive change. 

SECTION 34.  Amends Section 153.222(a), Tax Code, to authorize a dealer or
diesel fuel jobber who has paid tax on diesel fuel that has been used or
sold for use by the dealer of diesel fuel jobber for any purpose except in
a vehicle operated or intended to be operated, rather than other than
propelling a motor vehicle, on the public highways or that meets other
criteria, to file a claim for a refund of taxes paid, less the deduction
allowed vendors. 

SECTION 35.  Amends Section 153.223, Tax Code, by adding Subsection (d) to
make a conforming change. 

SECTION 36.  Amends Section 153.403, Tax Code, provide that a person
commits an offense if the person uses dyed diesel fuel for the operation
of a motor vehicle on a public highway, unless such use is permitted by
another provision of this chapter, except as provided by Section 153.404.
Deletes existing language relating to a tax required to be paid on dyed
diesel fuel. 

SECTION 37.  Amends Section 156.051(a), Tax Code, to provide that a tax is
imposed on a person who, under a lease, concession, permit, right of
access, license, or agreement, pays for the use or possession or for the
right to the use or possession of a room or space in a hotel costing $15,
rather than $2, or more each day. 

SECTION 38.  Amends Section 156.102(b), Tax Code, to add "Texas" as a
modifier to an institution of higher education for the purposes of this
section. 

SECTION 39.  Amends Chapter 156, Tax Code by adding Section 156.104, as
follows: 

Sec. 156.104.  EXEMPTION CERTIFICATE (a) Provides that the right to use or
possess a room or space in a hotel is exempt from taxation under this
chapter if the person required to collect the tax receives, in good faith
from a guest, a properly completed exemption certificate stating
qualification for an exemption provided in Section 156.102 or 156.103.
Requires any exemption claimed by the issuance of an exemption certificate
to be supported by the documentation required under rules adopted by the
comptroller. 
 
(b) Requires the comptroller to produce and maintain a list of entities
that have been provided a letter of exemption under Section 156.102 from
the state hotel occupancy tax under that section.  Requires this listing
to also be available on the comptroller's Internet website.  Provides that
this subsection is effective January 1, 2004.  

SECTION 40.  Amends Section 171.001(a), Tax Code, to provide that a
franchise tax is imposed on certain entities. 

SECTION 41.  Amends Section 171.001(b)(2), Tax Code, to define "beginning
date." 

SECTION 42.  Amends Section 171.052, Tax Code, to provide that a
nonadmitted insurance organization, rather than company under Chapter 101,
Insurance Code, that is required to pay a gross premium receipts tax
during a tax year is exempted from the franchise tax for that same tax
year.  Deletes existing text relating to an insurance organization
performing certain activities in this state. 

 SECTION 43.  Amends Section 171.1032(b), Tax Code, to make a conforming
change. 

SECTION 44.  Amends Section 171.1051(c), Tax Code, to make a conforming
change. 

SECTION 45.  Amends Section 171.106, Tax Code, by adding Subsection (i),
to provide that receipts from services that a defense readjustment project
performs in defense of economic readjustment zone are not receipts from
business done in this state. 

SECTION 46.  Amends Section 171.109(a), Tax Code, by adding Subdivision
(4) to require a legally enforceable obligation that requires the return
of a like-kind property that was borrowed be considered debt if it is a
liability according to generally accepted accounting principles and if the
return to be made within an ascertainable period of time or on demand.
Provides that the amount that will be considered debt is the fair market
value measured on the last day upon which the report is based as required
by Section 171.153.  Defines "like-kind property." 

SECTION 47.  Amends Section 171.110, Tax Code, by amending Subsection (a)
and adding Subsections (k) and (l), as follows: 

(a) Makes a conforming change.

(k) Provides that dividends and interest received from federal obligations
are not included in earned surplus or gross receipts for earned surplus
purposes.   

(l) Defines "federal obligations," "obligation," "United States
government," "United States government agency," and "United States
government-sponsored agency." 

SECTION 48.  Amends Sections 171.110(b) and (c), Tax Code, as follows:

(b) Makes a conforming change.

(c) Prohibits a subsidiary corporation from claiming the exclusion under
Subsection (b) if it has a parent corporation that does not qualify for
the exclusion.  Provides that a corporation qualifies as a parent if it
ultimately controls the subsidiary, even if the control arises through a
series or group of other subsidiaries or entities, for purposes of this
subsection.  Provides that control is presumed if a parent company
directly or indirectly owns, controls, or holds a majority of the
outstanding voting stock of a corporation or ownership interests in
another entity  

SECTION 49.  Amends Section 171.203, Tax Code, by adding Subsection (f),
to require a public information report filed electronically to be deemed
to satisfy the signature and certification requirement in Subsection (d). 

SECTION 50.  Amends Chapter 171O, Tax Code, by adding Section 171.731, as
follows: 

Sec. 171.731.  ASSIGNMENT PROHIBITED.  Prohibits a corporation from taking
certain actions relating to the credit allowed under this subchapter to
another entity unless all of the assets of the corporation are conveyed,
assigned, or transferred in the same transaction. 

SECTION 51.  Amends Sections 171.751(1) and (8), Tax Code, as follows:

(1) Adds category 0724 to the list of categories in the definition of
"agricultural processing." 

(8) Defines "qualified business" until January 1, 2005.

SECTION 52.  Amends Section 171.753, Tax Code, to authorize a corporation
to establish credit, equal to five percent of the total wages and salaries
paid by the corporation for qualifying jobs during the period upon which
the tax is based, on each of five consecutive reports beginning  with the
report based upon the period during which the qualifying jobs were
created. 

SECTION 53.  Amends Chapter 171, Tax Code, by adding Section 171.7541, as
follows: 

Sec. 171.7541.  LENGTH OF CREDIT.  Authorizes a corporation that has been
designated as an enterprise project or as a defense readjustment project
to establish a credit equal to twenty-five percent of the total wages and
salaries paid by the corporation for qualifying jobs during the period
upon which the tax is based, notwithstanding Section 171.753.  Provides
that this section expires January 1, 2005. 

SECTION 54.  Amends Section 171.802, Tax Code, by adding Subsection (d),
to authorize a corporation that is certified by the Texas Department of
Economic Development as a qualified business under Section 2303.402 or
under Section 2310.302, Government Code, to qualify for the credit,
regardless of whether it meets the qualifications prescribed by subsection
(b) of this section.  Provides that this subsection expires January 1,
2005. 

SECTION 55.  Amends the heading of Chapter 171S, Tax Code, as added by
Chapter 1263, Acts of the 77th Legislature, Regular Session, 2001, to read
as follows: 

SUBCHAPTER U.  CREDITS LIMITATION

SECTION 56.  Redesignates Section 171.851, Tax Code, as added by Chapter
1263, Acts of the 77th Legislature, Regular Session, 2001, as follows: 

Sec. 171.871. LIMITATION 

SECTION 57.  Amends Section 171.853(c) Tax Code, to prohibit the credit
claimed for each privilege period from exceeding 50 percent of the amount
of franchise tax due before, rather than after, any other applicable tax
credits for the privilege period.  Deletes existing term "net" relating to
the franchise tax due. 

SECTION 58.  Amends Chapter 171, Tax Code, by adding Subchapter T, as
follows: 

SUBCHAPTER T.  TAX CREDIT FOR TITLE INSURANCE HOLDING COMPANIES.

Sec. 171.861.  TAX CREDIT FOR TITLE INSURANCE HOLDING COMPANIES.  (a)
Provides that the definitions for this section are the same as for Article
21.49-1, Insurance Code (Insurance Holding Company System Regulatory Act). 

(b) Provides that a title insurance holding company that is subject to
Article 21.49-1, Insurance Code, and which controls one or more domestic
title insurance companies that are subject to the tax on premiums under
Article 9.59, Insurance Code (Title Insurance Companies; Tax on Premiums),
is entitled to a credit against its franchise tax imposed by this chapter.
Provides that the amount of the credit for each controlled domestic title
insurance company is computed by a certain equation.  Provides that the
percentage of ownership of a controlled domestic title insurance company
is determined as of the accounting year-end upon which the franchise tax
report is based. 

(c) Provides that a claim for a credit is subject to certain limitations.

(d) Provides that this section does not exempt a title insurance holding
company, a title insurance company, or a title insurance agent from paying
any tax imposed under this code, except that a title insurance company or
a title insurance agent whose principal activity is the business of title
insurance is exempt from any tax imposed by this chapter. 

SECTION 59.  Amends Section 201.057(c), Tax Code, to delete existing text
relating to a certain date before high-cost gas produced from a well is
spudded or completed, in order to be entitled to  certain tax reductions. 

SECTION 60.  Amends Section 202.054(c), Tax Code, to delete existing text
relating to a certain date certain actions must be completed before for
certain conditions to apply. 

SECTION 61.  Amends Chapter 321, Tax Code, by adding Section 321.107, as
follows: 

Sec. 321.107.  ADMINISTRATION OF LOCAL SALES AND USE TAXES IMPOSED BY
OTHER GOVERNMENTAL ENTITIES.  Provides that the imposition, computation,
administration, enforcement, and collection of any local sales and use tax
imposed by any other local governmental entity is governed by this
chapter, except as otherwise provided by law.  Provides that "other local
governmental entity" includes any governmental entity created by the
legislature that has a limited purpose or function, a defined or
restricted geographic territory, and that is authorized by law to impose a
local sales and use tax, in this section.  Provides that the term does not
include municipalities, counties, county health services districts, county
landfill and criminal detention center districts, metropolitan
transportation authorities, economic development districts, crime control
districts, hospital districts, emergency services districts, or library
districts. 

SECTION 62.  Amends Section 322.001(a), Tax Code, to make a conforming
change. 

SECTION 63.  Amends Section 322.002, Tax Code, to include a county transit
authority created under Chapter 460, Transportation Code (Coordinated
County Transportation Authorities), in the definition of "taxing entity."
Makes conforming and nonsubstantive changes. 

SECTION 64.  Repealer: Sections 151.355, Tax Code, as added by Acts 2001,
77th Leg., ch. 966, Section 4.25; Section 153.205, Tax Code, as amended by
Section 37, Chapter 1263, Acts of the 77th Legislature, Regular Session,
2001; Section 153.205, Tax Code, as amended by Section 2, Chapter 1444,
Acts of the 77th Legislature, Regular Session, 2001; Section 171.754, Tax
Code, as amended by Section 1.10, Chapter 1134, Acts of the 77th
Legislature, Regular Session, 2001; and Section 2.08, Chapter 1134, Acts
of the 77th Legislature, Regular Session, 2001. 

SECTION 65.  Makes a nonsubstantive change.

SECTION 66. EFFECTIVE DATES.  (a) Effective date: September 1, 2003.

(b) Provides that SECTIONS 15, 29, 37, and 38 of this Act take effect
October 1, 2003. 

(c) Provides that SECTION 16 of this Act takes effect September 1, 2003,
and is prospective. 

(d) Provides that SECTION 2, 4, 5, 7, and 9 of this Act take effect
January 1, 2004. 

(e) Provides that SECTIONS 46, 49, and 57 of this Act take effect January
1, 2004, and are prospective. 

(f) Provides that SECTIONS 51, 52, 53 and 54 of this Act take effect
September 1, 2003, and are prospective.