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A BILL TO BE ENTITLED
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AN ACT
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relating to data matching with financial institutions to facilitate |
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the collection of state delinquent tax liabilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 111, Tax Code, is amended |
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by adding Section 111.025 to read as follows: |
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Sec. 111.025. DELINQUENT TAXPAYER FINANCIAL RECORDS. (a) |
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In this section: |
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(1) "Account" means a demand deposit account, checking |
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or negotiable order of withdrawal account, savings account, time |
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deposit account, or money-market mutual fund account. |
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(2) "Delinquent taxpayer" means a person who at the |
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time of the data match request is delinquent in a tax or fee |
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administered by the comptroller. |
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(3) "Financial institution" means: |
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(A) a depository institution or an |
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institution-affiliated party, as defined by 12 U.S.C. Section 1813; |
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(B) a federal credit union or a state credit |
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union, as defined by 12 U.S.C. Section 1752, including an |
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institution-affiliated party of a credit union, as defined by 12 |
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U.S.C. Section 1786; or |
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(C) a benefit association, insurance company, |
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safe deposit company, money-market mutual fund, or similar entity |
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authorized to do business in this state. |
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(b) For the purpose of carrying out the terms of this title, |
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the comptroller may request a financial institution to perform a |
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match that compares account holders' names, social security |
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numbers, or federal employer identification numbers to delinquent |
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taxpayer information provided by the comptroller. |
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(c) Not later than the 90th day after the date of the match |
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request under Subsection (b), the financial institution shall |
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file a report with the comptroller containing the following |
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information for each account containing matching information: |
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(1) the account holder's name; |
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(2) the account holder's address; |
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(3) the account holder's social security number or |
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federal employer identification number; |
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(4) the financial institution account number; and |
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(5) the amount of all funds contained in the account, |
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or any other account holder asset being held by the financial |
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institution. |
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(d) The comptroller shall make the match request under |
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Subsection (b) compatible with the data processing system of the |
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financial institution. |
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(e) The comptroller may not request a financial institution |
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to perform a match under this section more than once each calendar |
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quarter. |
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(f) The financial institution may not notify account |
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holders that the comptroller has requested a match or whether a |
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match has been made. |
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(g) The information in the match request and the match |
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report is subject to the confidentiality and the disclosure |
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provisions of Section 111.006. |
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(h) A financial institution is not liable to any person for |
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disclosing information to the comptroller under this section or for |
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any other action that the financial institution takes in good faith |
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to comply with this section. |
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(i) The comptroller may contract with third parties to |
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facilitate the implementation of this section. Third-party |
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contractors may use confidential information solely for the purpose |
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of implementing this section. |
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(j) The attorney general shall bring suit in the name of the |
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state to enforce this section. Venue for a suit arising under this |
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section is in Travis County. |
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(k) The comptroller may adopt rules to implement this |
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section. |
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SECTION 2. This Act takes effect September 1, 2019. |