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Amend CSHB 2233 as follows:
1. Amend Section 13 of CSHB 2233 as follows:
a. Page 3, line 18, strike "Subsection (c)" and
replace with "Section 2107.004"
b. Page 3, line 30, after the word "with" strike "a
person" and replace with "one or more persons"
c. Page 3, line 51, after the word "any" insert
"penalty and"
d. Page 3, line 54, strike "may not exceed" and insert
"shall be equal to"
e. Page 3, line 60, strike "in the name of this state"
f. Page 3, line 63, after "court" insert "brought by a
contractor"
2. Strike SECTION 16 of C.S.H.B. 2233 on page 5, lines 24-31
and replace it with the following:
SECTION 16. Section 403.074(d), Government Code, is amended
to read as follows:
(d) Except as provided by Subsection (g), or Article 26.051,
Code of Criminal Procedure, the comptroller may not pay under this
section a single claim in excess of $25,000, or an aggregate of
claims by a single claimant during a biennium in excess of $25,000.
For the purposes of this subsection, all claims that were
originally held by one person are considered held by a single
claimant regardless of whether those claims were later transferred.
3. Strike Section 20 and Section 21, page 5, line 68 through
page 6, line 27.
4. Amend Section 49 as follows:
a. On page 14, lines 21-36, strike Section 49 and
renumber subsequent sections accordingly;
b. On page 15, lines 3-6, strike subparagraph (d) and
insert the following:
(d) For purposes of Subsection (b)(1), "lawful transaction
of surplus lines insurance" means an insurance transaction where
the surplus lines insurance is procured from an eligible surplus
lines insurer as defined by Section 981.002. Failure to comply with
Chapter 981 may subject the eligible surplus lines insurer to
sanctions pursuant to Section 981.006, but none of the provisions
of Chapter 101 shall apply to the eligible surplus lines insurer.
5. Amend Section 73, page 19, on line 30, between the word
"section" and "does" insert the following:
"as it relates to institutes of higher education,"
6. Amend Section 85, page 22, after line 57, by adding three
new subsections as follows:
(d) Provided, that for the purpose of the notices required
under this section, any person required to collect and remit sales
tax may designate a contact address to which the notice must be sent
before the penalty provided for in this section may be assessed.
(e) The Comptroller of Public Accounts shall adopt rules
relating to the administration of this section which shall include
a safe harbor from the penalties imposed by this section where the
person acted in good faith and the over-collection of the tax was
not the result of a willful disregard of the Comptroller's rules.
(f) Over collections subject to the penalties provided in
this section shall not constitute grounds for any cause of action by
any person or group of similarly situated persons where the person
making the over collection remitted the tax to the Comptroller and
assigns the right to refund to the consumer who paid the tax.
(g) Businesses which may be regarded as retailers under
151.024 who pre-collect sales tax prior to the final retail sale are
not responsible for civil penalties under this section."
7. In Section 111, page 39, strike lines 34-36.
8. In SECTION 112, following proposed Subsection (a),
Section 161.0821, Health and Safety Code (page 39, between lines 53
and 54) following the period, insert the following new subsections
and reletter accordingly:
"(b) It is an exception to the application of this section
that the person younger than 18 years of age is participating in an
investigation or compliance inspection in accordance with Section
161.088 on behalf of the comptroller or a local law enforcement
agency.
(c) If conduct constituting an offense under this section
also constitutes an offense under another section of this code or
another provision of law, the actor may be prosecuted under either
this section or the other section or provision."
9. In Section 129, page 45, line 21, strike "and 351.102(c)"
and add the following appropriately numbered section and renumber
accordingly:
"SECTION __. Section 351.102, Tax Code, is amended by adding
Subsection (d) to read as follows:
(d) As soon as practicable after each state fiscal year, the
comptroller shall report to the legislature for that fiscal year
the amount of state funds paid under Subsection (c)."