Texas 2021 - 87th Regular

Texas House Bill HB1258 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1258
	1	+	By: Ashby, Anchia, Thompson of Brazoria H.B. No. 1258
	2	+	(Senate Sponsor - Schwertner)
	3	+	(In the Senate - Received from the House April 19, 2021;
	4	+	May 6, 2021, read first time and referred to Committee on Finance;
	5	+	May 19, 2021, reported favorably by the following vote: Yeas 13,
	6	+	Nays 0; May 19, 2021, sent to printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to data matching with financial institutions to facilitate
6	13		the collection of certain delinquent tax liabilities.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. Subchapter A, Chapter 111, Tax Code, is amended
9	16		by adding Section 111.025 to read as follows:
10	17		Sec. 111.025. DELINQUENT TAXPAYER FINANCIAL RECORDS. (a)
11	18		In this section:
12	19		(1) "Account" means a demand deposit account, checking
13	20		or negotiable order of withdrawal account, savings account, time
14	21		deposit account, or money market mutual fund account.
15	22		(2) "Account owner record" means a record a financial
16	23		institution uses to report account owner information, including:
17	24		(A) an account holder's name, social security
18	25		number, or federal employer identification number; and
19	26		(B) the account balance and account type.
20	27		(3) "Delinquent taxpayer" means a person who at the
21	28		time of a data match request under Subsection (b) is delinquent in a
22	29		tax or fee administered by the comptroller.
23	30		(4) "Financial institution" means:
24	31		(A) a depository institution, as defined by
25	32		Section 3(c), Federal Deposit Insurance Act (12 U.S.C. Section
26	33		1813(c));
27	34		(B) a federal credit union or state credit union,
28	35		as those terms are defined by Section 101, Federal Credit Union Act
29	36		(12 U.S.C. Section 1752); or
30	37		(C) the agent of an entity described by Paragraph
31	38		(A) or (B).
32	39		(5) "Inquiry file" means an electronic file sent by
33	40		the comptroller or the comptroller's agent to a financial
34	41		institution that contains a record of delinquent taxpayers.
35	42		(b) A financial institution shall, each calendar quarter,
36	43		exchange data with the comptroller or the comptroller's agent to
37	44		facilitate matching the names of delinquent taxpayers with the
38	45		names of account holders using one of the following methods:
39	46		(1) an all accounts method in which:
40	47		(A) the financial institution submits to the
41	48		comptroller or the comptroller's agent an electronic file listing
42	49		all of the financial institution's open accounts and account owner
43	50		records; and
44	51		(B) the comptroller or the comptroller's agent
45	52		compares that information with the comptroller's records of
46	53		delinquent taxpayers; or
47	54		(2) a matched accounts method in which the financial
48	55		institution submits to the comptroller or the comptroller's agent
49	56		an electronic file listing all account owner records that match
50	57		information in an inquiry file.
51	58		(c) The comptroller shall make a data match request under
52	59		Subsection (b) compatible with the data processing system of the
53	60		financial institution.
54	61		(d) The comptroller may not request a financial institution
55	62		to perform a data match under this section more than once each
56	63		calendar quarter.
57	64		(e) A financial institution may not notify account holders
58	65		that the comptroller has requested a data match or whether a data
59	66		match has been made.
60	67		(f) Information provided by or to a financial institution,
61	68		the comptroller, or the comptroller's agent for the purpose of
62	69		performing a data match is confidential and may not be used for any
63	70		purpose or disclosed to any person except as necessary to perform a
64	71		data match. The financial institution, the comptroller, and the
65	72		comptroller's agent shall return, destroy, or erase any information
66	73		obtained after completion of the data match.
67	74		(g) A financial institution is not liable to any person for
68	75		disclosing information to the comptroller under this section or for
69	76		any other action that the financial institution takes in good faith
70	77		to comply with this section.
71	78		(h) The comptroller may contract with a third party to
72	79		facilitate the implementation of this section. A third-party
73	80		contractor may use confidential information solely for the purpose
74	81		of implementing this section.
75	82		(i) A suit to enforce this section must be brought by the
76	83		attorney general in the name of the state. Venue for the suit is in
77	84		Travis County.
78	85		(j) The comptroller may adopt rules to implement this
79	86		section.
80	87		SECTION 2. This Act takes effect September 1, 2021.
81		-	______________________________ ______________________________
82		-	President of the Senate Speaker of the House
83		-	I certify that H.B. No. 1258 was passed by the House on April
84		-	16, 2021, by the following vote: Yeas 120, Nays 25, 2 present, not
85		-	voting.
86		-	______________________________
87		-	Chief Clerk of the House
88		-	I certify that H.B. No. 1258 was passed by the Senate on May
89		-	22, 2021, by the following vote: Yeas 29, Nays 1.
90		-	______________________________
91		-	Secretary of the Senate
92		-	APPROVED: _____________________
93		-	Date
94		-	_____________________
95		-	Governor
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