Texas 2015 - 84th Regular

Texas Senate Bill SB591 Compare Versions

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11 84R636 CJC-D
22 By: Ellis S.B. No. 591
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to certain reimbursements provided for the collection of
88 sales and use taxes.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 151.423, Tax Code, is amended to read as
1111 follows:
1212 Sec. 151.423. REIMBURSEMENT TO TAXPAYER FOR TAX
1313 COLLECTIONS. Subject to Section 151.4231, a [A] taxpayer may
1414 deduct and withhold three-fourths [one-half] of one percent of the
1515 amount of taxes due from the taxpayer on a timely return as
1616 reimbursement for the cost of collecting the taxes imposed by this
1717 chapter. [The comptroller shall provide a card with each form
1818 distributed for the collection of taxes under this chapter. The
1919 card may be inserted by the taxpayer with the tax payment to provide
2020 for contribution of all or part of the reimbursement provided by
2121 this section for use as grants under Subchapter M, Chapter 56,
2222 Education Code. If the taxpayer chooses to contribute the
2323 reimbursement for the grants, the taxpayer shall include the amount
2424 of the reimbursement contribution with the tax payment. The
2525 comptroller shall transfer money contributed under this section for
2626 grants under Subchapter M, Chapter 56, Education Code, to the
2727 appropriate fund.]
2828 SECTION 2. Subchapter I, Chapter 151, Tax Code, is amended
2929 by adding Section 151.4231 to read as follows:
3030 Sec. 151.4231. LIMITATION ON AMOUNT OF REIMBURSEMENT. (a)
3131 The amount deducted and withheld by a taxpayer under Section
3232 151.423 may not exceed:
3333 (1) $312.50 each month if the taxpayer files monthly;
3434 (2) $937.50 each quarter if the taxpayer files
3535 quarterly under Section 151.401(b); and
3636 (3) $3,750 each state fiscal year.
3737 (b) The comptroller shall adopt rules for determining to
3838 which month, quarter, and state fiscal year amounts deducted and
3939 withheld by a taxpayer under Section 151.423 will be allocated for
4040 purposes of this section.
4141 SECTION 3. Section 151.801, Tax Code, is amended by
4242 amending Subsection (a) and adding Subsection (a-1) to read as
4343 follows:
4444 (a) Except for the amounts allocated under Subsections
4545 (a-1), (b), and (c), all proceeds from the collection of the taxes
4646 imposed by this chapter shall be deposited to the credit of the
4747 general revenue fund.
4848 (a-1) The comptroller shall calculate the difference
4949 between the amount of the proceeds from the collection of the taxes
5050 imposed by this chapter that, in the absence of the limitation on
5151 reimbursements specified by Section 151.4231, taxpayers would
5252 deduct and withhold under Section 151.423 at the percentage in
5353 effect under that section on January 1, 2015, and the amount that
5454 taxpayers actually deduct and withhold under Section 151.423 after
5555 applying the limitation specified by Section 151.4231. The
5656 comptroller shall deposit an amount equal to that difference to an
5757 account in the general revenue fund to be administered by the Texas
5858 Higher Education Coordinating Board. Money in the account may be
5959 appropriated only to provide grants under Subchapter M, Chapter 56,
6060 Education Code.
6161 SECTION 4. Section 151.423, Tax Code, as amended by this
6262 Act, applies to a tax report due on or after the effective date of
6363 this Act. A tax report due before the effective date of this Act is
6464 governed by the law in effect on the date the tax report was due, and
6565 the former law is continued in effect for that purpose.
6666 SECTION 5. The change in law made by this Act does not
6767 affect tax liability accruing before the effective date of this
6868 Act. That liability continues in effect as if this Act had not been
6969 enacted, and the former law is continued in effect for the
7070 collection of taxes due and for civil and criminal enforcement of
7171 the liability for those taxes.
7272 SECTION 6. This Act takes effect September 1, 2015.