By:  Bivins                                                       S.B. No. 896

A BILL TO BE ENTITLED
AN ACT
relating to tax refunds and credits. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subsections (b) and (c), Section 111.104, Tax Code, are amended to read as follows: (b) A tax refund claim may be filed with the comptroller only by the person who directly paid the tax to this state or by the person's attorney, assignee, or other successor. (c) A claim for a refund must: (1) be written; (2) state fully and in detail each reason or ground [the grounds] on which the claim is founded; and (3) be filed before the expiration of the applicable limitation period as provided by this code or before the expiration of six months after a jeopardy or deficiency determination becomes final, whichever period expires later. SECTION 2. Section 111.1042, Tax Code, is amended by adding Subsection (d) to read as follows: (d) If the right to a hearing is not exercised on a full or partial denial of a claim for refund, the period during which the comptroller informally reviewed the claim for refund does not toll the limitation period for any subsequent claim for refund on the same period and type of tax for which the claim for refund was fully or partially denied. SECTION 3. Section 111.105, Tax Code, is amended by amending Subsection (a) and adding Subsection (e) to read as follows: (a) A person claiming a refund under Section 111.104 [of this code] is entitled to a hearing on the claim if the person requests a hearing on or before the 30th day after the date [in accordance with procedures prescribed by] the comptroller issues a letter denying the claim for refund. The person is entitled to 20 days' notice of the time and place of the hearing. (e) During the administrative hearing process, a person claiming a refund under Section 111.104 must submit documentation to enable the comptroller to verify the claim for refund. The comptroller may issue a notice of demand that all evidence to support the claim for refund must be produced before the expiration of a specified date in the notice. The specified date in the notice may not be less than 180 days. The comptroller may not consider evidence produced after the specified date in the notice in an administrative hearing. The limitation provided by this subsection does not apply to a judicial proceeding filed in accordance with Chapter 112. SECTION 4. Section 111.107, Tax Code, is amended to read as follows: Sec. 111.107. WHEN REFUND OR CREDIT IS PERMITTED. (a) Except as otherwise expressly provided, a person may request a refund or a credit or the comptroller may make a refund or issue a credit for the overpayment of a tax imposed by this title at any time before the expiration of the period during which the comptroller may assess a deficiency for the tax and not thereafter unless the refund or credit is requested: (1) under Subchapter B of Chapter 112 and the refund is made or the credit is issued under a court order; (2) under the provision of Section 111.104(c)(3) applicable to a refund claim filed after a jeopardy or deficiency determination becomes final; or (3) under Chapter 153, except Section 153.1195(e), 153.121(d), 153.2225(e), or 153.224(d). (b) A person may not refile a refund claim for the same transaction or item, tax type, period, and ground or reason that was previously denied by the comptroller. (c) If the Railroad Commission of Texas certifies under Section 201.057 that a well produces high-cost gas, a person may not request a refund or a credit for overpayment of the tax imposed by Chapter 201 on gas that was produced from that well more than two years before the date the application for certification was filed with the Railroad Commission of Texas. SECTION 5. Subsections (b), (c), and (d), Section 111.206, Tax Code, are amended to read as follows: (b) A final determination that affects the amount of liability of a tax imposed by this title shall be reported to the comptroller before the expiration of 120 [60] days after the day on which the determination becomes final. The report must include a detailed statement of the reasons for the difference in tax liability as required by the comptroller. (c) Notwithstanding the expiration of a period of limitation provided in this title, the comptroller may assess and collect or bring suit for the collection of any tax deficiency, including penalties and interest, resulting from a final determination [or from investigation] at any time before the expiration of one year after: (1) the later of the day the report is required to be filed as provided by Subsection (b) or the day [of this section is received, if] the report is received [filed within the 60-day period]; or (2) [if the report is not made or is made after the 60-day period, the day the report is received or] the day the final determination is discovered, if a report is not filed [whichever period is the shorter]. (d) If a final determination [or investigation] results in the taxpayer having overpaid the amount of tax due the state, the taxpayer may file a claim for refund with the comptroller [shall refund or issue a credit] for the amount of the overpayment before the first anniversary of the date the final determination becomes final. If the comptroller assesses tax by issuing a deficiency determination within the [at any time during the one-year] period provided by [during which assessments may be made under] Subsection (c), the taxpayer may file a claim for refund for an amount of tax that has been found due in a deficiency determination before the 180th day after the deficiency determination becomes final, but the claim is limited to the items and the tax payment period for which the determination was issued [of this section]. SECTION 6. Subsections (a) and (b), Section 111.207, Tax Code, are amended to read as follows: (a) In determining the expiration date for a period when a tax imposed by this title may be assessed, [or] collected, or refunded, the following periods are not considered: (1) the period following the date of a tax payment made under protest, but only if a lawsuit is timely filed in accordance with Chapter 112; (2) the period during which a judicial proceeding is pending in a court of competent jurisdiction to determine the amount of the tax due; and (3) the period during which an administrative redetermination or refund hearing [proceeding] is pending before the comptroller [for a redetermination of the tax liability]. (b) The suspension of a period of limitation under Subsection (a) is limited [of this section applies only] to the issues that were contested [amount of taxes in issue] under Subdivision (1), (2), or (3) of that subsection. SECTION 7. Subsection (d), Section 111.207, Tax Code, is repealed. SECTION 8. (a) This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003. (b) This Act applies only to a claim for a refund made on or after the effective date of this Act without regard to whether the taxes that are the subject of the claim were due before, on, or after that date.