Texas 2021 - 87th Regular

Texas Senate Bill SB586 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 586
	1	+	By: Springer S.B. No. 586
	2	+	(Spiller)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the filing of certain reports by distributors of
6	8		certain off-highway vehicles purchased outside this state;
7	9		providing civil penalties.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. The heading to Subchapter I-2, Chapter 151, Tax
10	12		Code, is amended to read as follows:
11	13		SUBCHAPTER I-2. REPORTS BY MANUFACTURERS AND DISTRIBUTORS OF
12	14		CERTAIN OFF-HIGHWAY VEHICLES PURCHASED OUTSIDE THIS STATE
13	15		SECTION 2. Section 151.481, Tax Code, is amended by
14	16		amending Subdivision (1) and adding Subdivision (1-a) to read as
15	17		follows:
16	18		(1) "Distributor" means a person that distributes
17	19		off-highway vehicles and is required to hold a distributor's
18	20		license under Chapter 2301, Occupations Code.
19	21		(1-a) "Manufacturer" means a person that manufactures
20	22		off-highway vehicles and is required to hold a manufacturer's
21	23		license under Chapter 2301, Occupations Code.
22	24		SECTION 3. The heading to Section 151.482, Tax Code, is
23	25		amended to read as follows:
24	26		Sec. 151.482. REPORTS BY MANUFACTURERS AND DISTRIBUTORS.
25	27		SECTION 4. Section 151.482(a), Tax Code, is amended to read
26	28		as follows:
27	29		(a) The comptroller shall require each manufacturer and
28	30		distributor to file with the comptroller a report not later than
29	31		March 1 of each year listing each warranty issued by the
30	32		manufacturer or distributor for a new off-highway vehicle that was,
31	33		during the preceding calendar year, sold to a resident of this state
32	34		by a retailer located outside this state. The report must:
33	35		(1) be in a form prescribed by the comptroller; and
34	36		(2) contain, at a minimum, the following information
35	37		for each warranty:
36	38		(A) the vehicle identification number of the
37	39		vehicle;
38	40		(B) the make, model, and model year of the
39	41		vehicle; and
40	42		(C) the name and address, including street name
41	43		and number, city, and zip code, of the purchaser of the vehicle.
42	44		SECTION 5. Section 151.485, Tax Code, is amended to read as
43	45		follows:
44	46		Sec. 151.485. CIVIL PENALTY. (a) If a manufacturer or
45	47		distributor fails to file a report required by this subchapter or
46	48		fails to file a complete report, the comptroller may impose a civil
47	49		penalty under Section 151.703(d).
48	50		(b) In addition to the penalty imposed under Subsection (a),
49	51		a manufacturer or distributor shall pay the state a civil penalty of
50	52		not less than $25 or more than $2,000 for each day a violation
51	53		continues if the manufacturer or distributor:
52	54		(1) violates this subchapter; or
53	55		(2) violates a rule adopted to administer or enforce
54	56		this subchapter.
55	57		SECTION 6. Section 151.486, Tax Code, is amended to read as
56	58		follows:
57	59		Sec. 151.486. ACTION BY TEXAS DEPARTMENT OF MOTOR VEHICLES.
58	60		If a manufacturer or distributor fails to file a report required by
59	61		this subchapter or fails to file a complete report, the comptroller
60	62		may notify the Texas Department of Motor Vehicles of the failure and
61	63		the department may take administrative action against the
62	64		manufacturer or distributor for the failure under Chapter 2301,
63	65		Occupations Code.
64	66		SECTION 7. Section 151.487, Tax Code, is amended to read as
65	67		follows:
66	68		Sec. 151.487. AUDIT; INSPECTION. The comptroller may
67	69		audit, inspect, or otherwise verify a manufacturer's or
68	70		distributor's compliance with this subchapter.
69	71		SECTION 8. Not later than March 1, 2022, a distributor shall
70	72		submit the first report required by Section 151.482, Tax Code, as
71	73		amended by this Act.
72	74		SECTION 9. This Act takes effect September 1, 2021.
73		-	______________________________ ______________________________
74		-	President of the Senate Speaker of the House
75		-	I hereby certify that S.B. No. 586 passed the Senate on
76		-	April 20, 2021, by the following vote: Yeas 29, Nays 2.
77		-	______________________________
78		-	Secretary of the Senate
79		-	I hereby certify that S.B. No. 586 passed the House on
80		-	May 19, 2021, by the following vote: Yeas 125, Nays 18, two
81		-	present not voting.
82		-	______________________________
83		-	Chief Clerk of the House
84		-	Approved:
85		-	______________________________
86		-	Date
87		-	______________________________
88		-	Governor