| 1 | 1 | | 87R3853 CJC-F |
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| 2 | 2 | | By: Paddie H.B. No. 1346 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a sales tax refund for sales tax overpayments by certain |
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| 8 | 8 | | oil or gas severance taxpayers. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter I, Chapter 151, Tax Code, is amended |
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| 11 | 11 | | by adding Section 151.4305 to read as follows: |
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| 12 | 12 | | Sec. 151.4305. TAX REFUNDS FOR OIL OR GAS SEVERANCE |
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| 13 | 13 | | TAXPAYERS. (a) Notwithstanding Section 111.104(b), a person who |
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| 14 | 14 | | files a report under Section 201.203, 201.2035, 202.201, or 202.202 |
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| 15 | 15 | | and who does not hold a permit under this chapter may obtain a |
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| 16 | 16 | | refund for taxes paid under this chapter in error to a person who |
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| 17 | 17 | | holds a permit under this chapter by filing a claim for refund with |
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| 18 | 18 | | the comptroller within the limitation period specified by |
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| 19 | 19 | | Subchapter D, Chapter 111. |
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| 20 | 20 | | (b) The comptroller by rule may provide additional |
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| 21 | 21 | | procedures for claiming a refund under this section. |
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| 22 | 22 | | SECTION 2. The change in law made by this Act does not |
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| 23 | 23 | | affect tax liability accruing before the effective date of this |
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| 24 | 24 | | Act. That liability continues in effect as if this Act had not been |
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| 25 | 25 | | enacted, and the former law is continued in effect for the |
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| 26 | 26 | | collection of taxes due and for civil and criminal enforcement of |
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| 27 | 27 | | the liability for those taxes. |
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| 28 | 28 | | SECTION 3. This Act takes effect September 1, 2021. |
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