| 1 | 1 | | 81R11761 CBH-F |
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| 2 | 2 | | By: Jackson, Mike S.B. No. 1294 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the deadline for reallocating local sales and use |
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| 8 | 8 | | taxes. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter F, Chapter 321, Tax Code, is amended |
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| 11 | 11 | | by adding Section 321.511 to read as follows: |
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| 12 | 12 | | Sec. 321.511. REALLOCATION OF MUNICIPAL TAX REVENUE. If |
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| 13 | 13 | | the comptroller determines that tax revenue collected by the |
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| 14 | 14 | | comptroller has been sent incorrectly to a municipality under |
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| 15 | 15 | | Section 321.502, the comptroller may reallocate the tax revenue to |
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| 16 | 16 | | the appropriate municipality only if the municipality that |
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| 17 | 17 | | originally received the revenue receives notification of the |
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| 18 | 18 | | reallocation not later than the second anniversary of the date the |
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| 19 | 19 | | municipality originally received the revenue. |
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| 20 | 20 | | SECTION 2. Section 322.108(a), Tax Code, is amended to read |
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| 21 | 21 | | as follows: |
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| 22 | 22 | | (a) Except as provided by Subsection (b), the following |
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| 23 | 23 | | apply to the taxes imposed by this chapter in the same manner as |
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| 24 | 24 | | applicable to a municipality under Chapter 321: |
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| 25 | 25 | | (1) Section 321.002(a)(3); |
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| 26 | 26 | | (2) Section 321.003; |
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| 27 | 27 | | (3) Section 321.203; |
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| 28 | 28 | | (4) Section 321.205(d); |
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| 29 | 29 | | (5) Section 321.208; |
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| 30 | 30 | | (6) Section 321.209; |
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| 31 | 31 | | (7) Section 321.303; |
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| 32 | 32 | | (8) Section 321.304; [and] |
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| 33 | 33 | | (9) Section 321.305; and |
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| 34 | 34 | | (10) Section 321.511. |
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| 35 | 35 | | SECTION 3. Subchapter F, Chapter 323, Tax Code, is amended |
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| 36 | 36 | | by adding Section 323.511 to read as follows: |
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| 37 | 37 | | Sec. 323.511. REALLOCATION OF COUNTY TAX REVENUE. If the |
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| 38 | 38 | | comptroller determines that tax revenue collected by the |
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| 39 | 39 | | comptroller has been sent incorrectly to a county under Section |
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| 40 | 40 | | 323.502, the comptroller may reallocate the tax revenue to the |
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| 41 | 41 | | appropriate county only if the county that originally received the |
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| 42 | 42 | | revenue receives notification of the reallocation not later than |
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| 43 | 43 | | the second anniversary of the date the county originally received |
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| 44 | 44 | | the revenue. |
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| 45 | 45 | | SECTION 4. This Act takes effect July 1, 2009, if it |
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| 46 | 46 | | receives a vote of two-thirds of all the members elected to each |
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| 47 | 47 | | house, as provided by Section 39, Article III, Texas Constitution. |
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| 48 | 48 | | If this Act does not receive the vote necessary for effect on that |
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| 49 | 49 | | date, this Act takes effect September 1, 2009. |
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