86R11708 GRM-F
By: Longoria H.B. No. 3872
A BILL TO BE ENTITLED
AN ACT
relating to data matching with financial institutions to facilitate
the collection of state delinquent tax liabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 111, Tax Code, is amended
by adding Section 111.025 to read as follows:
Sec. 111.025. DELINQUENT TAXPAYER FINANCIAL RECORDS. (a)
In this section:
(1) "Account" means a demand deposit account, checking
or negotiable order of withdrawal account, savings account, time
deposit account, or money-market mutual fund account.
(2) "Delinquent taxpayer" means a person who at the
time of the data match request is delinquent in a tax or fee
administered by the comptroller.
(3) "Financial institution" means:
(A) a depository institution or an
institution-affiliated party, as defined by 12 U.S.C. Section 1813;
(B) a federal credit union or a state credit
union, as defined by 12 U.S.C. Section 1752, including an
institution-affiliated party of a credit union, as defined by 12
U.S.C. Section 1786; or
(C) a benefit association, insurance company,
safe deposit company, money-market mutual fund, or similar entity
authorized to do business in this state.
(b) For the purpose of carrying out the terms of this title,
the comptroller may request a financial institution to perform a
match that compares account holders' names, social security
numbers, or federal employer identification numbers to delinquent
taxpayer information provided by the comptroller.
(c) Not later than the 90th day after the date of the match
request under Subsection (b), the financial institution shall
file a report with the comptroller containing the following
information for each account containing matching information:
(1) the account holder's name;
(2) the account holder's address;
(3) the account holder's social security number or
federal employer identification number;
(4) the financial institution account number; and
(5) the amount of all funds contained in the account,
or any other account holder asset being held by the financial
institution.
(d) The comptroller shall make the match request under
Subsection (b) compatible with the data processing system of the
financial institution.
(e) The comptroller may not request a financial institution
to perform a match under this section more than once each calendar
quarter.
(f) The financial institution may not notify account
holders that the comptroller has requested a match or whether a
match has been made.
(g) The information in the match request and the match
report is subject to the confidentiality and the disclosure
provisions of Section 111.006.
(h) A financial institution is not liable to any person for
disclosing information to the comptroller under this section or for
any other action that the financial institution takes in good faith
to comply with this section.
(i) The comptroller may contract with third parties to
facilitate the implementation of this section. Third-party
contractors may use confidential information solely for the purpose
of implementing this section.
(j) The attorney general shall bring suit in the name of the
state to enforce this section. Venue for a suit arising under this
section is in Travis County.
(k) The comptroller may adopt rules to implement this
section.
SECTION 2. This Act takes effect September 1, 2019.