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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain governmental entities to |
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receive local sales tax information. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 151.027(c), Tax Code, is amended to read |
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as follows: |
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(c) This section does not prohibit: |
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(1) the examination of information, if authorized by |
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the comptroller, by another state officer or law enforcement |
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officer, by a tax official of another state, by a tax official of |
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the United Mexican States, or by an official of the United States if |
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a reciprocal agreement exists; |
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(2) the delivery to a taxpayer, or a taxpayer's |
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authorized representative, of a copy of a report or other paper |
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filed by the taxpayer under this chapter; |
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(3) the publication of statistics classified to |
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prevent the identification of a particular report or items in a |
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particular report; |
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(4) the use of records, reports, or information |
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secured, derived, or obtained by the attorney general or the |
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comptroller in an action under this chapter against the same |
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taxpayer who furnished the information; |
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(5) the delivery to a successor, receiver, executor, |
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administrator, assignee, or guarantor of a taxpayer of information |
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about items included in the measure and amounts of any unpaid tax or |
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amounts of tax, penalties, and interest required to be collected; |
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(6) the delivery of information to an eligible |
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municipality or transit or transportation authority in accordance |
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with Section 321.3022 or 322.2022; or |
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(7) the release of information in or derived from a |
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record, report, or other instrument required to be furnished under |
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this chapter by a governmental body, as that term is defined in |
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Section 552.003, Government Code. |
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SECTION 2. Subchapter C, Chapter 322, Tax Code, is amended |
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by adding Section 322.2022 to read as follows: |
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Sec. 322.2022. TAX INFORMATION. (a) Except as otherwise |
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provided by this section, the comptroller on request shall provide |
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to a taxing entity that is a rapid transit authority created under |
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Chapter 451, Transportation Code, or a regional transportation |
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authority created under Chapter 452, Transportation Code, that has |
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adopted a tax under the law authorizing the creation of the entity: |
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(1) information relating to the amount of tax paid to |
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the entity under this chapter during the preceding or current |
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calendar year by each person doing business in the area included in |
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the entity who annually remits to the comptroller state and local |
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sales tax payments of more than $25,000; and |
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(2) any other information as provided by this section. |
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(b) The comptroller on request shall provide to a taxing |
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entity to which this section applies information relating to the |
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amount of tax paid to the entity under this chapter during the |
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preceding or current calendar year by each person doing business in |
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an area included in the entity, as defined by the entity, that is |
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part of: |
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(1) an interlocal agreement; |
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(2) a revenue sharing agreement; |
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(3) any other agreement similar to those listed in |
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Subdivisions (1) and (2); or |
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(4) any area defined by the entity for the purpose of |
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economic forecasting. |
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(c) The comptroller shall provide the information under |
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Subsection (b) as an aggregate total for all persons doing business |
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in the defined area without disclosing individual tax payments. |
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(d) If the request for information under Subsection (b) |
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involves not more than three persons doing business in the defined |
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area who remit taxes under this chapter, the comptroller shall |
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refuse to provide the information to the taxing entity unless the |
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comptroller receives permission from each of the persons allowing |
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the comptroller to provide the information to the entity as |
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requested. |
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(e) A separate request for information under this section |
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must be made in writing by the taxing entity each year. |
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(f) Information received by a taxing entity under this |
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section is confidential, is not open to public inspection, and may |
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be used only for the purpose of economic forecasting, for internal |
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auditing of a tax paid to the entity under this chapter, or for the |
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purpose described by Subsection (g). |
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(g) Information received by a taxing entity under |
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Subsection (b) may be used by the entity to assist in determining |
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revenue sharing under a revenue sharing agreement or other similar |
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agreement. |
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(h) The comptroller may set and collect from a taxing entity |
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reasonable fees to cover the expense of compiling and providing |
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information under this section. |
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(i) Notwithstanding Chapter 551, Government Code, the |
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governing body of a taxing entity is not required to confer with one |
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or more employees or a third party in an open meeting to receive |
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information or question the employees or third party regarding the |
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information received by the entity under this section. |
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SECTION 3. This Act takes effect September 1, 2009. |