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A BILL TO BE ENTITLED
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AN ACT
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relating to a suspension of the imposition of certain fees under |
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certain conditions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 404, Government Code, is |
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amended by adding Section 404.074 to read as follows: |
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Sec. 404.074. NOTICE OF EXCESS REVENUE CREDITED TO CERTAIN |
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ACCOUNTS; SUSPENSION OF FEES. (a) In this section, "fee" means an |
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amount required to be paid in exchange for a service or other |
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benefit or as part of a regulatory system. The term includes an |
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amount charged in exchange for a direct personal benefit, such as an |
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amount charged to engage in a regulated occupation or activity, to |
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enter a state park, museum, or other facility, or for the issuance |
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of specialty license plates. The term does not include a tax |
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imposed under the Tax Code or other law. |
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(b) This section applies only to an account in the general |
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revenue fund: |
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(1) the revenue credited to which is dedicated only by |
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statute to a particular purpose or entity; and |
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(2) a portion of the revenue of which in excess of |
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amounts appropriated by the General Appropriations Act or other law |
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would, through the application of Section 403.095(b) or a successor |
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law providing that certain dedicated revenue is available for |
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general governmental purposes, be available for those purposes and |
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considered available for the purpose of certification under Section |
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403.121. |
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(c) On the date amounts credited during a state fiscal |
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biennium to an account to which this section applies equal at least |
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110 percent of the total amounts appropriated by the General |
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Appropriations Act and other law for that biennium, the comptroller |
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shall: |
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(1) identify each person who collects or remits |
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revenue credited to that account; and |
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(2) notify each person identified under Subdivision |
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(1) in writing that: |
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(A) the credited amounts exceed the |
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appropriations for the biennium; and |
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(B) the imposition of the portion of the fee from |
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which the revenue credited to the account is derived that the person |
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would otherwise collect or remit to the comptroller is suspended |
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during the period beginning on a date stated in the notice. |
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(d) The date on which the suspension period described by |
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Subsection (c)(2)(B) begins must be the first day of a calendar |
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month and may not be later than the 45th day after the date the |
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notice is sent. The period ends on a date determined by the |
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comptroller after considering the account balance necessary to |
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cover appropriations from the account to which the suspended fee |
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would be deposited. |
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(e) Notwithstanding any other law, including a law under |
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which a fee is otherwise imposed, the imposition of the portion of a |
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fee that is the subject of a notice required by Subsection (c) is |
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suspended for the period specified in the notice. A person who |
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receives the notice may not impose or collect the portion of the fee |
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that is the subject of the notice during the specified period but |
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shall remit to the comptroller in accordance with applicable law: |
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(1) all fees collected before the beginning of the |
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period that have not been remitted; and |
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(2) delinquent fees that were imposed and became due |
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before the beginning of the period but are collected during the |
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period. |
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(f) The suspension of the imposition of a fee under |
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Subsection (e) does not affect the availability of or access to the |
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benefit or service, or operation of the regulatory system, with |
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respect to which the fee would be imposed if not suspended. |
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(g) The comptroller shall maintain in a conspicuous |
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location on the comptroller's Internet website a current list of |
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fees the imposition of which are suspended under this section. The |
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list must: |
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(1) contain information that clearly identifies each |
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suspended fee; and |
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(2) specify the suspension period for each of those |
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fees. |
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(h) The comptroller by rule shall establish procedures by |
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which a person who pays a fee that was imposed on the person in |
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violation of Subsection (e) may request a refund of the amount paid. |
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The comptroller shall determine whether the fee was imposed in |
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violation of Subsection (e). |
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(i) If the comptroller determines through procedures |
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established under Subsection (h) that a fee was imposed on the |
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person requesting a refund in violation of Subsection (e), the |
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comptroller shall refund the amount of the fee paid. A person |
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aggrieved by a determination of the comptroller under those |
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procedures may appeal that determination. The appeal is a |
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contested case under Chapter 2001. |
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SECTION 2. This Act takes effect September 1, 2011. |