Texas 2023 - 88th Regular

Texas House Bill HB2525

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to certain tax and fee collection procedures and taxpayer suits.

Impact

If enacted, HB 2525 would significantly impact the Tax Code of Texas, introducing a structured approach for tax disputes between the state and taxpayers. It repeals outdated provisions regarding the management of taxpayer collections and clarifies the procedures for filing complaints and appeals against tax determinations. This change is expected to streamline the tax collection process, potentially reducing backlog issues in tax litigation and providing clearer guidelines for taxpayers regarding their rights to challenge tax assessments. Moreover, it ensures that suits challenging tax decisions are handled de novo, meaning they will be retried from scratch in court rather than merely appealing the administrative decision.

Summary

House Bill 2525 aims to amend procedures related to tax and fee collection in Texas, particularly concerning taxpayer suits against determinations made by the comptroller. The legislation seeks to clarify the process through which taxpayers can challenge tax assessments—specifically, the circumstances under which they may file suit after a determination for tax overpayment or underpayment has been made. The bill includes provisions that specify the requirements for record-keeping by taxpayers and sets forth new timelines for filing petitions for redetermination and lawsuits, effectively modernizing Texas' tax administration processes.

Sentiment

Discussions surrounding HB 2525 indicate a generally positive sentiment among fiscal conservatives and governance reform advocates, who believe the bill will lead to improved efficiency in tax collections and fairness in taxpayer treatment. They argue that clearer guidelines will protect taxpayers from undue taxation and arbitrary decisions by the comptroller's office. Conversely, some concerns have been raised regarding the potential for the bill to overly favor the government’s tax collection processes at the cost of taxpayer rights, particularly in how strictly timelines for filing suits may change the landscape of taxpayer disputes.

Contention

Notable points of contention arise primarily around the perceived balance between taxpayer rights and the administrative efficiency of the comptroller's office. Some critics worry that by imposing stricter timelines and conditions for filing suits, the bill could inadvertently limit legitimate taxpayer grievances from being fairly adjudicated. Furthermore, while simplifying processes is beneficial, there is caution about ensuring that protections for taxpayers remain robust in a streamlined tax system. The outcome of these dynamics will likely influence how HB 2525 is received in the legislature and its potential effectiveness in actual practice.

Texas Constitutional Statutes Affected

Tax Code

  • Chapter 111. Collection Procedures
    • Section: 0041
    • Section: 008
    • Section: 009
    • Section: 104
  • Chapter 112. Taxpayers' Suits
    • Section: 051
    • Section: 052

Companion Bills

TX SB952

Identical Relating to certain tax and fee collection procedures and taxpayer suits.

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