Texas 2017 85th Regular

Texas Senate Bill SB1713 Engrossed / Bill

Filed 05/11/2017

                    By: Uresti S.B. No. 1713


 A BILL TO BE ENTITLED
 AN ACT
 relating to a study on sales and use tax compliance.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  STUDY OF SALES AND USE TAX COMPLIANCE. (a)  The
 comptroller shall conduct a study of methods to increase compliance
 with sales and use tax collection and payment requirements under
 Chapter 151, Tax Code.
 (b)  The study must:
 (1)  consider various possible methods to increase
 sales and use tax compliance, including:
 (A)  imposing registration or information
 reporting requirements on persons who refer purchasers in this
 state to out-of-state retailers;
 (B)  requiring retailers to notify purchasers of
 use tax payment requirements; and
 (C)  imposing information reporting requirements
 for retailers making sales subject to use tax;
 (2)  examine actions taken by other states to increase
 sales and use tax compliance and the results of those actions;
 (3)  include the estimated fiscal impact to this state,
 including to small local businesses in this state, of the potential
 methods to increase sales and use tax compliance considered in the
 study; and
 (4)  estimate the information technology costs to this
 state associated with the potential methods to increase sales and
 use tax compliance considered in the study.
 (c)  The comptroller shall consult with the office of the
 attorney general regarding the constitutionality of the potential
 methods to increase sales and use tax compliance considered in the
 study.  The comptroller shall indicate any possible constitutional
 issues in the report of the results of the study.
 (d)  Not later than December 1, 2018, the comptroller shall
 issue a written report of the results of the study under this
 section, including recommendations for legislation to increase
 compliance with sales and use tax collection and payment
 requirements. The comptroller shall post the report on the
 comptroller's Internet website and provide notice of the
 availability of the report to the members of the legislature.
 (e)  This section expires January 1, 2019.
 SECTION 2.  EFFECTIVE DATE; CONTINGENCY. (a)  Except as
 provided by Subsection (b) of this section, this Act takes effect
 September 1, 2017.
 (b)  This Act takes effect only if the 85th Legislature
 appropriates money specifically for the purpose of implementing
 this Act.  If the legislature does not appropriate money
 specifically for the purpose of implementing this Act, this Act has
 no effect.