1 | 1 | | 89R4166 DRS-F |
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2 | 2 | | By: Hinojosa of Hidalgo S.B. No. 1531 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the electronic payment of ad valorem taxes; authorizing |
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10 | 10 | | a fee. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 31.06, Tax Code, is amended by amending |
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13 | 13 | | Subsections (a) and (c) and adding Subsection (a-1) to read as |
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14 | 14 | | follows: |
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15 | 15 | | (a) In this section, "electronic payment" has the meaning |
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16 | 16 | | assigned by Section 31.062. |
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17 | 17 | | (a-1) Except as provided by Section 31.061, taxes are |
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18 | 18 | | payable only as provided by this section. Except as provided by |
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19 | 19 | | Subsection (e), a collector shall accept United States currency or |
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20 | 20 | | a check or money order in payment of taxes and shall accept any form |
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21 | 21 | | of electronic payment of taxes made in the manner provided by |
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22 | 22 | | Section 31.062 [payment by credit card or electronic funds |
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23 | 23 | | transfer]. |
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24 | 24 | | (c) If a tax is paid by an electronic payment [credit card], |
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25 | 25 | | the collector may collect a fee for processing the payment. The |
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26 | 26 | | collector shall set the fee in an amount that is reasonably related |
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27 | 27 | | to the expense incurred by the collector or taxing unit in |
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28 | 28 | | processing the payment [by credit card], not to exceed five percent |
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29 | 29 | | of the amount of taxes and any penalties or interest being paid. |
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30 | 30 | | The fee is in addition to the amount of taxes, penalties, or |
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31 | 31 | | interest. |
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32 | 32 | | SECTION 2. Chapter 31, Tax Code, is amended by adding |
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33 | 33 | | Section 31.062 to read as follows: |
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34 | 34 | | Sec. 31.062. ELECTRONIC TAX PAYMENTS. (a) In this section, |
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35 | 35 | | "electronic payment" means a payment made by credit card, debit |
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36 | 36 | | card, electronic check, electronic funds transfer, or automated |
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37 | 37 | | clearinghouse payment. |
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38 | 38 | | (b) Each collector shall establish a procedure that allows a |
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39 | 39 | | property owner or a person designated by a property owner under |
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40 | 40 | | Section 1.111(f) to make any form of electronic payment of taxes and |
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41 | 41 | | receive confirmation of the submission of an electronic payment. |
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42 | 42 | | (c) Each county assessor-collector shall prominently |
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43 | 43 | | display on the Internet website maintained by the county under |
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44 | 44 | | Section 26.16 the information necessary to make an electronic |
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45 | 45 | | payment of taxes to the collector for each taxing unit all or part |
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46 | 46 | | of the territory of which is located in the county. |
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47 | 47 | | (d) If necessary to complete the applicable form of |
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48 | 48 | | electronic payment, a collector may require a property owner or a |
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49 | 49 | | person designated by a property owner under Section 1.111(f) to |
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50 | 50 | | provide: |
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51 | 51 | | (1) an e-mail address; |
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52 | 52 | | (2) a financial account number; |
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53 | 53 | | (3) sufficient electronic remittance information for |
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54 | 54 | | the collector to apply an electronic payment to the property |
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55 | 55 | | owner's account; and |
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56 | 56 | | (4) any other information the collector determines is |
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57 | 57 | | necessary to properly receive, process, and confirm the receipt of |
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58 | 58 | | an electronic payment made by the property owner or the person |
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59 | 59 | | designated by the owner. |
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60 | 60 | | (e) An electronic payment of taxes by a property owner or a |
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61 | 61 | | person designated by a property owner under Section 1.111(f) to a |
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62 | 62 | | collector is timely if the payment is made in the proper manner on |
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63 | 63 | | or before the date on which the payment is due. |
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64 | 64 | | (f) An electronic signature that is included on or with an |
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65 | 65 | | electronic payment of taxes made under this section is considered |
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66 | 66 | | to be a digital signature for purposes of Section 2054.060, |
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67 | 67 | | Government Code, and that section applies to the electronic |
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68 | 68 | | signature. |
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69 | 69 | | SECTION 3. Section 33.011(h), Tax Code, is amended to read |
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70 | 70 | | as follows: |
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71 | 71 | | (h) The governing body of a taxing unit shall waive |
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72 | 72 | | penalties and interest on a delinquent tax if[: |
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73 | 73 | | [(1) the tax is payable by electronic funds transfer |
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74 | 74 | | under an agreement entered into under Section 31.06(a); and |
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75 | 75 | | [(2)] the taxpayer submits evidence sufficient to show |
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76 | 76 | | that: |
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77 | 77 | | (1) [(A)] the taxpayer attempted to pay the tax by |
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78 | 78 | | electronic payment under Section 31.062 [funds transfer] in the |
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79 | 79 | | proper manner before the delinquency date; |
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80 | 80 | | (2) [(B)] the taxpayer's failure to pay the tax before |
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81 | 81 | | the delinquency date was caused by an error in the transmission of |
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82 | 82 | | the payment [funds]; and |
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83 | 83 | | (3) [(C)] the tax was properly paid by electronic |
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84 | 84 | | payment [funds transfer] or otherwise not later than the 21st day |
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85 | 85 | | after the date the taxpayer knew or should have known of the |
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86 | 86 | | delinquency. |
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87 | 87 | | SECTION 4. The changes in law made by this Act apply only to |
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88 | 88 | | a tax year that begins on or after the effective date of this Act. |
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89 | 89 | | SECTION 5. (a) The officer or employee responsible for |
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90 | 90 | | collecting property taxes for a taxing unit located wholly or |
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91 | 91 | | primarily in a county with a population of 120,000 or more shall |
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92 | 92 | | comply with Section 31.062, Tax Code, as added by this Act, |
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93 | 93 | | beginning with the 2026 tax year. |
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94 | 94 | | (b) The officer or employee responsible for collecting |
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95 | 95 | | property taxes for a taxing unit located wholly or primarily in a |
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96 | 96 | | county with a population of less than 120,000 shall comply with |
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97 | 97 | | Section 31.062, Tax Code, as added by this Act, beginning with the |
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98 | 98 | | 2027 tax year. |
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99 | 99 | | SECTION 6. This Act takes effect January 1, 2026. |
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