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1 | 1 | 87R11625 SRA-D | |
2 | 2 | By: Muñoz, Jr. H.B. No. 3829 | |
3 | 3 | ||
4 | 4 | ||
5 | 5 | A BILL TO BE ENTITLED | |
6 | 6 | AN ACT | |
7 | 7 | relating to the conditions under which the comptroller may issue | |
8 | 8 | and file a tax lien. | |
9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
10 | 10 | SECTION 1. Section 113.002, Tax Code, is amended by adding | |
11 | 11 | Subsection (d) to read as follows: | |
12 | 12 | (d) The comptroller may not issue and file a tax lien notice | |
13 | 13 | for a taxpayer in connection with a tax liability: | |
14 | 14 | (1) before the taxpayer has exhausted all | |
15 | 15 | administrative appeals of the tax liability, including rehearing of | |
16 | 16 | a decision on a claim for refund or petition for redetermination, if | |
17 | 17 | applicable; or | |
18 | 18 | (2) if the comptroller has knowledge that the taxpayer | |
19 | 19 | is making a good faith effort to pay the tax liability. | |
20 | 20 | SECTION 2. The change in law made by this Act does not | |
21 | 21 | affect tax liability accruing before the effective date of this | |
22 | 22 | Act. That liability continues in effect as if this Act had not been | |
23 | 23 | enacted, and the former law is continued in effect for the | |
24 | 24 | collection of taxes due and for civil and criminal enforcement of | |
25 | 25 | the liability for those taxes. | |
26 | 26 | SECTION 3. This Act takes effect September 1, 2021. |