81R11761 CBH-F
By: Jackson, Mike S.B. No. 1294
A BILL TO BE ENTITLED
AN ACT
relating to the deadline for reallocating local sales and use
taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 321, Tax Code, is amended
by adding Section 321.511 to read as follows:
Sec. 321.511. REALLOCATION OF MUNICIPAL TAX REVENUE. If
the comptroller determines that tax revenue collected by the
comptroller has been sent incorrectly to a municipality under
Section 321.502, the comptroller may reallocate the tax revenue to
the appropriate municipality only if the municipality that
originally received the revenue receives notification of the
reallocation not later than the second anniversary of the date the
municipality originally received the revenue.
SECTION 2. Section 322.108(a), Tax Code, is amended to read
as follows:
(a) Except as provided by Subsection (b), the following
apply to the taxes imposed by this chapter in the same manner as
applicable to a municipality under Chapter 321:
(1) Section 321.002(a)(3);
(2) Section 321.003;
(3) Section 321.203;
(4) Section 321.205(d);
(5) Section 321.208;
(6) Section 321.209;
(7) Section 321.303;
(8) Section 321.304; [and]
(9) Section 321.305; and
(10) Section 321.511.
SECTION 3. Subchapter F, Chapter 323, Tax Code, is amended
by adding Section 323.511 to read as follows:
Sec. 323.511. REALLOCATION OF COUNTY TAX REVENUE. If the
comptroller determines that tax revenue collected by the
comptroller has been sent incorrectly to a county under Section
323.502, the comptroller may reallocate the tax revenue to the
appropriate county only if the county that originally received the
revenue receives notification of the reallocation not later than
the second anniversary of the date the county originally received
the revenue.
SECTION 4. This Act takes effect July 1, 2009, 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 effect on that
date, this Act takes effect September 1, 2009.