Texas 2023 88th Regular

Texas House Bill HB2691 House Committee Report / Bill

Filed 04/04/2023

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                    88R19379 KJE-F
 By: Button H.B. No. 2691
 Substitute the following for H.B. No. 2691:
 By:  Gervin-Hawkins C.S.H.B. No. 2691


 A BILL TO BE ENTITLED
 AN ACT
 relating to the authority of the comptroller of public accounts to
 issue certain payments to persons who are indebted or delinquent in
 taxes owed to the state and to state agency reporting requirements
 regarding such persons.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 403.055, Government Code, is amended by
 adding Subsections (e-1) and (g-1) to read as follows:
 (e-1)  This section does not prohibit the comptroller from
 issuing a warrant or initiating an electronic funds transfer to a
 person reported properly under Subsection (f) or to the person's
 assignee if, in accordance with Section 403.0551, the comptroller
 first retains one or more warrants or electronic funds transfers to
 the person for a total amount that at least equals the amount
 necessary to fully deduct the amount of the person's indebtedness
 to the state or tax delinquency from the amount the state owes the
 person.
 (g-1)  A state agency shall provide notice to a person who is
 the subject of a report made by the agency under Subsection (f),
 other than a person reported as indebted to the state as provided by
 Section 231.007, Family Code, at the time the agency makes the
 report.  The notice must:
 (1)  be given in a manner reasonably calculated to give
 actual notice to the person;
 (2)  state:
 (A)  the name of the indebted or delinquent
 person;
 (B)  the amount of the person's indebtedness or
 delinquency;
 (C)  the agency's contact information; and
 (D)  any options available to eliminate the
 indebtedness or delinquency; and
 (3)  include a statement that the person's indebtedness
 or delinquency:
 (A)  has been reported to the comptroller; and
 (B)  may prohibit the comptroller from issuing a
 warrant or initiating an electronic funds transfer to the person
 for any amount owed to the person by the state.
 SECTION 2.  This Act takes effect September 1, 2023.