80R10653 DAK-D
 
  By: Otto H.B. No. 3137
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to including in a bill or invoice an item represented to be
for the full or partial payment of a state tax.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 111.016, Tax Code, is amended by adding
Subsection (a-1) to read as follows:
       (a-1)  Any person who includes in a bill or invoice a fee,
charge, reimbursement, or other item and represents in the bill or
invoice that the fee, charge, reimbursement, or other item is for
the purpose of full or partial payment of a state tax that applies
to the person:
             (1)  holds the entire amount of the fee, charge,
reimbursement, or other item collected in trust for the benefit of
the state; and
             (2)  is liable to the state for the entire amount of the
fee, charge, reimbursement, or other item collected plus any
accrued penalties and interest on the amount collected.
       SECTION 2.  The change in law made by this Act does not
affect taxes imposed before the effective date of this Act, and the
law in effect before the effective date of this Act is continued in
effect for purposes of the liability for and collection of those
taxes.
       SECTION 3.  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, 2007.