79S10055 KLA-F
By: Pitts H.B. No. 5
A BILL TO BE ENTITLED
AN ACT
relating to certain fiscal matters affecting governmental
entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. MOTOR FUELS TAX
SECTION 1.01. Section 162.503, Tax Code, is amended to read
as follows:
Sec. 162.503. ALLOCATION OF GASOLINE TAX. (a) Except as
provided by Subsection (b), on [On] or before the fifth workday
after the end of each month, the comptroller, after making all
deductions for refund purposes and for the amounts allocated under
Sections 162.502 and 162.5025, shall allocate the net remainder of
the taxes collected under Subchapter B as follows:
(1) one-fourth of the tax shall be deposited to the
credit of the available school fund;
(2) one-half of the tax shall be deposited to the
credit of the state highway fund for the construction and
maintenance of the state road system under existing law; and
(3) from the remaining one-fourth of the tax the
comptroller shall:
(A) deposit to the credit of the county and road
district highway fund all the remaining tax receipts until a total
of $7,300,000 has been credited to the fund each fiscal year; and
(B) after the amount required to be deposited to
the county and road district highway fund has been deposited,
deposit to the credit of the state highway fund the remainder of the
one-fourth of the tax, the amount to be provided on the basis of
allocations made each month of the fiscal year, which sum shall be
used by the Texas Department of Transportation for the
construction, improvement, and maintenance of farm-to-market
roads.
(b) During the months of June, July, and August of each
odd-numbered year, the comptroller may not make the allocations to
the state highway fund and county and road district highway fund
otherwise required by Subsections (a)(2) and (3). After September
5 and before September 11 of that year, the comptroller shall
allocate and deposit to the state highway fund the total amount of
revenue that would have been otherwise allocated and deposited to
that fund during those months.
SECTION 1.02. Section 162.504, Tax Code, is amended to read
as follows:
Sec. 162.504. ALLOCATION OF DIESEL FUEL TAX. (a) Except as
provided by Subsection (b), on [On] or before the fifth workday
after the end of each month, the comptroller, after making
deductions for refund purposes, for the administration and
enforcement of this chapter, and for the amounts allocated under
Section 162.5025, shall allocate the remainder of the taxes
collected under Subchapter C as follows:
(1) one-fourth of the taxes shall be deposited to the
credit of the available school fund; and
(2) three-fourths of the taxes shall be deposited to
the credit of the state highway fund.
(b) During the months of June, July, and August of each
odd-numbered year, the comptroller may not make the allocation to
the state highway fund otherwise required by Subsection (a)(2).
After September 5 and before September 11 of that year, the
comptroller shall allocate and deposit to the state highway fund
the total amount of revenue that would have been otherwise
allocated to that fund during those months.
SECTION 1.03. Section 162.505, Tax Code, is amended to read
as follows:
Sec. 162.505. ALLOCATION OF LIQUEFIED GAS TAX. (a) Except
as provided by Subsection (b), on [On] or before the fifth workday
after the end of each month, the comptroller, after making
deductions for refund purposes and for the administration and
enforcement of this chapter, shall allocate the remainder of the
taxes collected under Subchapter D as follows:
(1) one-fourth of the taxes shall be deposited to the
credit of the available school fund; and
(2) three-fourths of the taxes shall be deposited to
the credit of the state highway fund.
(b) During the months of June, July, and August of each
odd-numbered year, the comptroller may not make the allocation to
the state highway fund otherwise required by Subsection (a)(2).
After September 5 and before September 11 of that year, the
comptroller shall allocate and deposit to the state highway fund
the total amount of revenue that would have been otherwise
allocated to that fund during those months.
SECTION 1.04. This article takes effect June 1, 2007.
ARTICLE 2. AUTHORIZATION OF CERTAIN NONPROFIT ORGANIZATIONS TO
CONDUCT BINGO
SECTION 2.01. Section 2001.002(11), Occupations Code, is
amended to read as follows:
(11) "Fraternal organization" means:
(A) a nonprofit organization organized to
perform and engaged primarily in performing charitable,
benevolent, patriotic, employment-related, or educational
functions that meet the other requirements of this chapter; [or]
(B) a nonprofit National Historical District
Association representing the owners and lessees of a majority of
the real property located in a National Historical District
designated for not less than five years by the National Register of
Historic Places, Heritage Conservation and Recreation Service of
the United States Department of the Interior, if the association's
net proceeds are used for restoration, construction, maintenance,
and security in the district. The term "fraternal organization"
does not include an organization whose members are predominantly
veterans or dependents of veterans of the armed services of the
United States; or
(C) a nonprofit organization that:
(i) is organized under tribal law by a
federally recognized Indian tribe that is not subject to the Indian
Gaming Regulatory Act (18 U.S.C. Section 1166 et seq. and 25 U.S.C.
Section 2701 et seq.) and that exercises tribal authority over a
reservation, as defined by 25 U.S.C. Section 1300g, that is located
in a county on the international border with Mexico; and
(ii) is organized to perform and is engaged
primarily in performing charitable, benevolent, patriotic, or
educational functions.
SECTION 2.02. Subchapter C, Chapter 2001, Occupations Code,
is amended by adding Section 2001.1015 to read as follows:
Sec. 2001.1015. CERTAIN TRIBAL ORGANIZATIONS SUBJECT TO
REGULATORY JURISDICTION AND LICENSE REQUIREMENTS. (a) A nonprofit
organization in existence for at least 180 days that qualifies as a
fraternal organization under Section 2001.002(11)(C) may conduct
bingo on the reservation of the Indian tribe under whose tribal law
the organization is organized on adoption by the tribe of rules
governing the conduct of bingo by the organization that conform to
the substantive provisions of this chapter and of Sections 47(b)
and (c), Article III, Texas Constitution.
(b) In accordance with Section 107(b), Ysleta del Sur Pueblo
and Alabama and Coushatta Indian Tribes of Texas Restoration Act
(25 U.S.C. Section 1300g-6), an organization described by
Subsection (a) may conduct bingo activities in accordance with the
tribe's rules adopted under Subsection (a) by submitting to the
regulatory jurisdiction, including licensing requirements, of this
state.
(c) A nonprofit organization described by Subsection (b)
may not conduct bingo under this section unless the organization
transfers to the state on a monthly basis an amount equal to five
percent of the gross receipts from bingo in a manner determined by
the comptroller.
ARTICLE 3. DIESEL FUEL CREDIT
SECTION 3.01. Section 162.227, Tax Code, is amended by
adding Subsections (c-1) and (d-1) to read as follows:
(c-1) A license holder may take a credit on a return for the
period in which the purchase occurred, and a person who does not
hold a license may file a refund claim with the comptroller, if the
license holder or person paid tax on diesel fuel and the diesel fuel
is used in this state:
(1) as a feedstock or other component in the further
manufacturing of tangible personal property for resale not as a
motor fuel; or
(2) in the original production of oil or gas or to
increase the production of oil or gas.
(d-1) A license holder may take a credit on a return for the
period in which the purchase occurred, and a person who does not
hold a license may file a refund claim with the comptroller, if the
license holder or person paid tax on diesel fuel and the diesel fuel
is used in this state by auxiliary power units or power take-off
equipment on any motor vehicle. If the quantity of that diesel
fuel can be accurately measured while the motor vehicle is
stationary by any metering or other measuring device or method
designed to measure the fuel separately from fuel used to propel the
motor vehicle, the comptroller may approve and adopt the use of the
device as a basis for determining the quantity of diesel fuel
consumed in those operations for a tax credit or tax refund. If
there is no separate metering device or other approved measuring
method, the license holder may take the credit and the person who
does not hold a license may claim the refund on a percentage of the
diesel fuel consumed by each motor vehicle equipped with an
auxiliary power unit or power take-off equipment. The comptroller
shall determine the percentage of the credit or refund. The
climate-control air conditioning or heating system of a motor
vehicle that has a primary purpose of providing for the convenience
or comfort of the operator or passengers is not a power take-off
system, and a credit or refund may not be allowed for the tax paid on
any portion of the diesel fuel that is used for that purpose. A
credit or refund may not be allowed for the diesel fuel tax paid on
that portion of the diesel fuel that is used for idling.
SECTION 3.02. This article takes effect November 1, 2005,
and applies only to taxes imposed on or after that date. Taxes
imposed before that date are governed by the law in effect on the
date the taxes are imposed, and that law is continued in effect for
that purpose.
ARTICLE 4. MOTOR VEHICLE SALES AND USE TAX
SECTION 4.01. Section 152.002, Tax Code, is amended by
adding Subsection (f) to read as follows:
(f) Notwithstanding Subsection (a), the total consideration
of a used motor vehicle is the amount on which the tax is computed as
provided by Section 152.0412.
SECTION 4.02. Section 152.041(a), Tax Code, is amended to
read as follows:
(a) The tax assessor-collector of the county in which an
application for registration or for a Texas certificate of title is
made shall collect taxes imposed by this chapter, subject to
Section 152.0412, unless another person is required by this chapter
to collect the taxes.
SECTION 4.03. Subchapter C, Chapter 152, Tax Code, is
amended by adding Section 152.0412 to read as follows:
Sec. 152.0412. STANDARD PRESUMPTIVE VALUE; USE BY TAX
ASSESSOR-COLLECTOR. (a) In this section, "standard presumptive
value" means the average retail value of a motor vehicle as
determined by the Texas Department of Transportation, based on a
nationally recognized motor vehicle industry reporting service.
(b) If the amount paid for a motor vehicle subject to the tax
imposed by this chapter is equal to or greater than the standard
presumptive value of the vehicle, a county tax assessor-collector
shall compute the tax on the amount paid.
(c) If the amount paid for a motor vehicle subject to the tax
imposed by this chapter is less than the standard presumptive value
of the vehicle, a county tax assessor-collector shall compute the
tax on the standard presumptive value unless the purchaser
establishes the retail value of the vehicle as provided by
Subsection (d).
(d) A county tax assessor-collector shall compute the tax
imposed by this chapter on the retail value of a motor vehicle if:
(1) the retail value is shown on an appraisal
certified by an adjuster licensed under Chapter 4101, Insurance
Code, or by a motor vehicle dealer operating under Subchapter B,
Chapter 503, Transportation Code;
(2) the appraisal is on a form prescribed by the
comptroller for that purpose; and
(3) the purchaser of the vehicle obtains the appraisal
not later than the 20th day after the date of purchase.
(e) On request, a motor vehicle dealer operating under
Subchapter B, Chapter 503, Transportation Code, shall provide a
certified appraisal of the retail value of a motor vehicle. The
comptroller by rule shall establish a fee that a dealer may charge
for providing the certified appraisal. The county tax
assessor-collector shall retain a copy of a certified appraisal
received under this section for a period prescribed by the
comptroller.
(f) The Texas Department of Transportation shall maintain
information on the standard presumptive values of motor vehicles as
part of the department's registration and title system. The
department shall update the information at least quarterly each
calendar year.
(g) This section does not apply to a transaction described
by Section 152.024 or 152.025.
SECTION 4.04. Not later than December 1, 2005, the Texas
Department of Transportation shall:
(1) establish standard presumptive values for motor
vehicles as provided by Section 152.0412, Tax Code, as added by this
article;
(2) modify the department's registration and title
system as needed to include that information and administer that
section; and
(3) make that information available through the system
to all county tax assessor-collectors.
SECTION 4.05. (a) Except as provided by Subsection (b) of
this section, this article takes effect September 1, 2005, if this
Act 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 effect on that
date, this article takes effect November 1, 2005.
(b) Section 152.0412, Tax Code, as added by this article,
takes effect December 1, 2005.
ARTICLE 5. INVESTMENT OF STATE AND OTHER GOVERNMENTAL ENTITY FUNDS
SECTION 5.01. Section 404.024, Government Code, is amended
by amending Subsections (b) and (l) and adding Subsections (m) and
(n) to read as follows:
(b) State funds not deposited in state depositories shall be
invested by the comptroller in:
(1) direct security repurchase agreements;
(2) reverse security repurchase agreements;
(3) direct obligations of or obligations the principal
and interest of which are guaranteed by the United States;
(4) direct obligations of or obligations guaranteed by
agencies or instrumentalities of the United States government;
(5) bankers' acceptances that:
(A) are eligible for purchase by the Federal
Reserve System;
(B) do not exceed 270 days to maturity; and
(C) are issued by a bank whose other comparable
short-term obligations are rated in [that has received] the highest
short-term [credit] rating category, within which there may be
subcategories or gradations, including such subcategories or
gradations as "rating category" or "rated," indicating relative
standing by a nationally recognized statistical rating
organization, as defined by Rule 2a-7 (17 C.F.R. Part 270.2a-7),
promulgated under the Investment Company Act of 1940 by the
Securities and Exchange Commission [investment rating firm];
(6) commercial paper that:
(A) does not exceed 270 days to maturity; and
(B) except as provided by Subsection (i), is
issued by an entity whose other comparable short-term obligations
are rated in [has received] the highest short-term [credit] rating
category by a nationally recognized statistical rating
organization [investment rating firm];
(7) contracts written by the treasury in which the
treasury grants the purchaser the right to purchase securities in
the treasury's marketable securities portfolio at a specified price
over a specified period and for which the treasury is paid a fee and
specifically prohibits naked-option or uncovered option trading;
(8) direct obligations of or obligations guaranteed by
the Inter-American Development Bank, the International Bank for
Reconstruction and Development (the World Bank), the African
Development Bank, the Asian Development Bank, and the International
Finance Corporation that have received the highest long-term
[credit] rating categories for debt obligations by a nationally
recognized statistical rating organization [investment rating
firm];
(9) bonds issued, assumed, or guaranteed by the State
of Israel;
(10) obligations of a state or an agency, county,
city, or other political subdivision of a state;
(11) mutual funds secured by obligations that are
described by Subdivisions (1) through (6), including pooled funds:
(A) established by the Texas Treasury
Safekeeping Trust Company;
(B) operated like a mutual fund; and
(C) with portfolios consisting only of
dollar-denominated securities; [and]
(12) foreign currency for the sole purpose of
facilitating investment by state agencies that have the authority
to invest in foreign securities;
(13) asset-backed securities, as defined by the
Securities and Exchange Commission in Rule 2a-7 (17 C.F.R. Part
270.2a-7), that are rated at least A or its equivalent by a
nationally recognized statistical rating organization and that
have a weighted-average maturity of five years or less; and
(14) corporate debt obligations that are rated at
least A or its equivalent by a nationally recognized statistical
rating organization and mature in five years or less from the date
on which the obligations were "acquired," as defined by the
Securities and Exchange Commission in Rule 2a-7 (17 C.F.R. Part
270.2a-7).
(l) The comptroller may lend securities under procedures
established by the comptroller. The procedures must be consistent
with industry practice and must include a requirement to fully
secure the loan with cash, obligations described by Subsections
(b)(1)-(6), or a combination of cash and the described obligations.
Notwithstanding any provision to the contrary, cash may be
reinvested in the items permitted under Subsection (b) or mutual
funds secured by the items permitted under Subsection (b) [In this
subsection, "obligation" means an item described by Subsections
(b)(1)-(6)].
(m) In entering into a direct security repurchase agreement
or a reverse security repurchase agreement, the comptroller may
agree to accept cash on an overnight basis in lieu of the
securities, obligations, or participation certificates identified
in Section 404.001(3). Cash held by the state under this subsection
is not a deposit of state or public funds for the purposes of any
law, including this subchapter or Subchapter D, that requires a
deposit of state or public funds to be collateralized by eligible
securities.
(n) Notwithstanding any other law to the contrary, any
government investment pool created to function as a money market
mutual fund and managed by the comptroller or the Texas Treasury
Safekeeping Trust Company may invest the funds it receives in
investments that are "eligible securities," as defined by the
Securities and Exchange Commission in Rule 2a-7 (17 C.F.R. Part
270.2a-7), if it maintains a dollar-weighted average portfolio
maturity of 90 days or less, with the maturity of each portfolio
security calculated in accordance with Rule 2a-7 (17 C.F.R. Part
270.2a-7), and meets the diversification requirements of Rule 2a-7.
SECTION 5.02. Section 2256.011, Government Code, is amended
by amending Subsection (a) and adding Subsection (e) to read as
follows:
(a) A fully collateralized repurchase agreement is an
authorized investment under this subchapter if the repurchase
agreement:
(1) has a defined termination date;
(2) except as provided by Subsection (e), is secured
by obligations described by Section 2256.009(a)(1); [and]
(3) requires the securities being purchased by the
entity to be pledged to the entity, held in the entity's name, and
deposited at the time the investment is made with the entity or with
a third party selected and approved by the entity; and
(4) is placed through a primary government securities
dealer, as defined by the Federal Reserve, or a financial
institution doing business in this state.
(e) For purposes of this section, an entity may agree to
secure the agreement by accepting cash on an overnight basis in lieu
of the obligations identified in Section 2256.009(a)(1). Cash held
by an entity under this subsection is not a deposit of public funds
for purposes of any statute, including Chapter 2257, that requires
a deposit of public funds to be collateralized by eligible
securities.
SECTION 5.03. Section 2256.016, Government Code, is amended
by amending Subsections (a) and (f) and adding Subsection (i) to
read as follows:
(a) An entity may invest its funds and funds under its
control through an eligible investment pool if the governing body
of the entity by rule, order, ordinance, or resolution, as
appropriate, authorizes investment in the particular pool. An
investment pool created to function as a money market mutual fund
may invest the funds it receives from entities in investments that
are "eligible securities," as defined by the Securities and
Exchange Commission in Rule 2a-7 (17 C.F.R. Part 270.2a-7),
promulgated under the Investment Company Act of 1940. Any other
[An] investment pool shall invest the funds it receives from
entities in authorized investments permitted by this subchapter.
(f) To be eligible to receive funds from and invest funds on
behalf of an entity under this chapter, a public funds investment
pool created to function as a money market mutual fund must:
(1) mark its portfolio to market daily, and, to the
extent reasonably possible, stabilize at a $1 net asset value. If
the ratio of the market value of the portfolio divided by the book
value of the portfolio is less than 0.995 or greater than 1.005,
portfolio holdings shall be sold as necessary to maintain the ratio
between 0.995 and 1.005;
(2) maintain a dollar-weighted average portfolio
maturity of 90 days or less, with the maturity of each portfolio
security calculated in accordance with Rule 2a-7 (17 C.F.R. Part
270.2a-7); and
(3) meet the diversification requirements of Rule 2a-7
(17 C.F.R. Part 270.2a-7) promulgated by the Securities and
Exchange Commission.
(i) In this section, "stated maturity date" means the
average life of a security with periodic principal payments, the
number of days until the next interest rate reset date for variable
rate securities, or the final maturity date for all other
securities.
SECTION 5.04. This article takes effect immediately if this
Act 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 article takes effect November 1, 2005.
ARTICLE 6. COLLECTION OF DELINQUENT OBLIGATIONS TO STATE
SECTION 6.01. Section 403.019(c), Government Code, is
amended to read as follows:
(c) A contract under this section is not valid unless
approved by the attorney general. The attorney general shall
approve a contract if the attorney general determines that the
contract complies with the requirements of this section, that the
contract does not conflict with any contract formed under Section
2107.003(b), and that the contract [and] is in the best interest of
the state. No judicial action by any person on behalf of the state
under a contract authorized and approved by this section may be
brought unless approved by the attorney general.
SECTION 6.02. Section 2107.003, Government Code, is amended
to read as follows:
Sec. 2107.003. COLLECTION BY ATTORNEY GENERAL,
COMPTROLLER, OR OUTSIDE AGENT. (a) Except as provided by Section
2107.004 [Subsection (c)], a state agency shall report an
uncollected and delinquent obligation to [request] the attorney
general for collection. The state agency must report the
obligation on or before the 120th day after the date the obligation
becomes past due or delinquent [to collect an obligation before the
agency may employ, retain, or contract with a person other than a
full-time employee of the state agency to collect the obligation].
(b) The attorney general:
(1) shall provide legal services for collection of the
obligation;
(2) may authorize the requesting state agency to
employ, retain, or contract, subject to approval by the attorney
general, with one or more persons to collect the obligation; or
(3) if the attorney general determines it to be
economical and in the best interest of the state, may contract with
one or more persons [a person other than a full-time employee of the
agency] to collect the [an] obligation [that the attorney general
cannot collect].
(c) The comptroller may employ, retain, or contract with a
person other than a full-time state employee to collect delinquent
obligations that are owed the comptroller in the comptroller's
official capacity, are not collected through normal collection
procedures, and do not meet the guidelines adopted for collection
by the attorney general. A proposed contract under this subsection
shall be reviewed by the attorney general and may include a
collection fee computed on the amounts collected under the
contract.
(d) The agency contracting under Subsection (b) is entitled
to recover from the obligor, in addition to the amount of the
obligation, the costs incurred in undertaking the collection,
including the costs of a contract under this section. The obligor
is liable for costs of recovery under this section in an amount
equal to 30 percent of the sum of the amount of the obligation and
any penalty and interest due on the obligation.
(e) A contract formed under Subsection (b) must provide for
the compensation due to the contractor. The amount of the
compensation shall be equal to 30 percent of the sum of the
collected amount of:
(1) the obligation;
(2) any penalty; and
(3) any interest.
(f) A contract formed under Subsection (b) or (c) may permit
or require the contractor to pursue a judicial action to collect the
amount of the obligation in a proper court in or outside of this
state.
(g) In a suit in a Texas state court brought by a contractor
to collect an obligation under this section, the state is not:
(1) required to post security for costs;
(2) liable for costs; and
(3) liable for fees for:
(A) service of process;
(B) attorneys ad litem;
(C) arbitration; or
(D) mediation.
(h) An amount collected under a contract formed under
Subsection (b), including the costs of recovery and court costs or
other costs, shall be deposited in the fund or account to which the
obligation was required to be deposited. The contracting agency
shall pay the compensation due under the contract to the contractor
and shall pay to the applicable court any court costs collected.
(i) The contracting agency shall require a person
contracting under Subsection (b) to post a bond or other security in
an amount the contracting agency determines is sufficient to cover
all revenue or other property of the state that is expected to come
into the possession or control of the contractor in the course of
providing contract services.
(j) A person who contracts under Subsection (b) is an agent
of this state for purposes of determining priority of a claim to be
collected under the contract with respect to claims of other
creditors. The contractor does not exercise any sovereign power of
the state.
(k) The contracting state agency may provide a person
contracting under Subsection (b) any information, including
confidential information, that the agency is not prohibited from
sharing under an agreement with another state or with the United
States and that is:
(1) in the custody of the agency holding the claim; and
(2) necessary to the collection of the obligation.
(l) A person acting under a contract formed under Subsection
(b) or (c) and each employee or agent of that person is subject to
all prohibitions against the disclosure of confidential
information obtained from the contracting agency, the reporting
state agency, or their employees. A contractor or the contractor's
employee or agent who discloses confidential information in
violation of the prohibition is subject to the same penalties for
that disclosure as would apply to the contracting agency or its
employees.
(m) The contracting agency shall require a person who
contracts under Subsection (b) to obtain and maintain insurance
adequate to provide reasonable coverage for damages negligently,
recklessly, or intentionally caused by the contractor or the
contractor's employee or agent in the course of collecting an
obligation under the contract and to protect this state from
liability for those damages. The state is not liable for and may
not indemnify a person acting under a contract under Subsection (b)
for damages negligently, recklessly, or intentionally caused by the
contractor or the contractor's employee or agent in the course of
collecting an obligation under the contract.
(n) In addition to grounds for termination provided by the
contract terms, the attorney general or the contracting agency, as
applicable, may terminate a contract formed under Subsection (b) if
the contractor or the contractor's employee or agent:
(1) violates the federal Fair Debt Collection
Practices Act (15 U.S.C. Section 1692 et seq.);
(2) discloses confidential information to a person not
authorized to receive the information; or
(3) performs any act that results in a final judgment
for damages against this state.
SECTION 6.03. Section 2254.102(c), Government Code, is
amended to read as follows:
(c) This subchapter does not apply to a contract:
(1) with an agency to collect an obligation under
Section 2107.003(b); or
(2) for legal services entered into by an institution
of higher education under Section 153.006, Education Code.
ARTICLE 7. UNCLAIMED PROPERTY
SECTION 7.01. Subchapter H, Chapter 74, Property Code, is
amended by adding Section 74.7085 to read as follows:
Sec. 74.7085. HEARING. (a) If, after an examination of
records under Section 74.702, the comptroller determines that a
person holds unclaimed property that should have been delivered to
the comptroller as provided by this chapter, the person may
petition the comptroller for a hearing on that determination and on
the imposition of any interest or penalty resulting from that
determination.
(b) A person must file a petition for a hearing with the
comptroller under this section not later than the 30th day after the
date the determination is made. If a petition for a hearing is not
filed before the expiration of the period provided by this
subsection, the determination is final on the expiration of that
period.
(c) At the time a person files a petition for a hearing under
Subsection (b), the person must pay to the comptroller a hearing fee
in the amount of $50, which shall be used by the comptroller for the
purpose of administering hearings under this section.
SECTION 7.02. Subchapter A, Chapter 74, Property Code, is
amended by adding Section 74.002 to read as follows:
Sec. 74.002. SINGLE BUSINESS ENTERPRISE DOCTRINE
INAPPLICABLE. The single business enterprise doctrine does not
apply to this chapter.
SECTION 7.03. The change in law made by Section 74.7085,
Property Code, as added by this article, applies only to a
determination by the comptroller made on or after the effective
date of this Act. A determination by the comptroller made before
the effective date of this Act is governed by the law in effect on
the date the determination was made, and the former law is continued
in effect for that purpose.
SECTION 7.04. Section 74.002, Property Code, as added by
this article, is intended only to clarify existing law with respect
to Chapter 74, Property Code.
ARTICLE 8. EFFECTIVE DATE
SECTION 8.01. Except as otherwise provided by this Act,
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, except as
otherwise provided by this Act, this Act takes effect on the 91st
day after the last day of the legislative session.