H.B. No. 2691
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2691 was passed by the House on April
21, 2023, by the following vote: Yeas 141, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2691 was passed by the Senate on May
9, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor