Texas 2025 - 89th Regular

Texas Senate Bill SB1531 Compare Versions

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11 89R4166 DRS-F
22 By: Hinojosa of Hidalgo S.B. No. 1531
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the electronic payment of ad valorem taxes; authorizing
1010 a fee.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 31.06, Tax Code, is amended by amending
1313 Subsections (a) and (c) and adding Subsection (a-1) to read as
1414 follows:
1515 (a) In this section, "electronic payment" has the meaning
1616 assigned by Section 31.062.
1717 (a-1) Except as provided by Section 31.061, taxes are
1818 payable only as provided by this section. Except as provided by
1919 Subsection (e), a collector shall accept United States currency or
2020 a check or money order in payment of taxes and shall accept any form
2121 of electronic payment of taxes made in the manner provided by
2222 Section 31.062 [payment by credit card or electronic funds
2323 transfer].
2424 (c) If a tax is paid by an electronic payment [credit card],
2525 the collector may collect a fee for processing the payment. The
2626 collector shall set the fee in an amount that is reasonably related
2727 to the expense incurred by the collector or taxing unit in
2828 processing the payment [by credit card], not to exceed five percent
2929 of the amount of taxes and any penalties or interest being paid.
3030 The fee is in addition to the amount of taxes, penalties, or
3131 interest.
3232 SECTION 2. Chapter 31, Tax Code, is amended by adding
3333 Section 31.062 to read as follows:
3434 Sec. 31.062. ELECTRONIC TAX PAYMENTS. (a) In this section,
3535 "electronic payment" means a payment made by credit card, debit
3636 card, electronic check, electronic funds transfer, or automated
3737 clearinghouse payment.
3838 (b) Each collector shall establish a procedure that allows a
3939 property owner or a person designated by a property owner under
4040 Section 1.111(f) to make any form of electronic payment of taxes and
4141 receive confirmation of the submission of an electronic payment.
4242 (c) Each county assessor-collector shall prominently
4343 display on the Internet website maintained by the county under
4444 Section 26.16 the information necessary to make an electronic
4545 payment of taxes to the collector for each taxing unit all or part
4646 of the territory of which is located in the county.
4747 (d) If necessary to complete the applicable form of
4848 electronic payment, a collector may require a property owner or a
4949 person designated by a property owner under Section 1.111(f) to
5050 provide:
5151 (1) an e-mail address;
5252 (2) a financial account number;
5353 (3) sufficient electronic remittance information for
5454 the collector to apply an electronic payment to the property
5555 owner's account; and
5656 (4) any other information the collector determines is
5757 necessary to properly receive, process, and confirm the receipt of
5858 an electronic payment made by the property owner or the person
5959 designated by the owner.
6060 (e) An electronic payment of taxes by a property owner or a
6161 person designated by a property owner under Section 1.111(f) to a
6262 collector is timely if the payment is made in the proper manner on
6363 or before the date on which the payment is due.
6464 (f) An electronic signature that is included on or with an
6565 electronic payment of taxes made under this section is considered
6666 to be a digital signature for purposes of Section 2054.060,
6767 Government Code, and that section applies to the electronic
6868 signature.
6969 SECTION 3. Section 33.011(h), Tax Code, is amended to read
7070 as follows:
7171 (h) The governing body of a taxing unit shall waive
7272 penalties and interest on a delinquent tax if[:
7373 [(1) the tax is payable by electronic funds transfer
7474 under an agreement entered into under Section 31.06(a); and
7575 [(2)] the taxpayer submits evidence sufficient to show
7676 that:
7777 (1) [(A)] the taxpayer attempted to pay the tax by
7878 electronic payment under Section 31.062 [funds transfer] in the
7979 proper manner before the delinquency date;
8080 (2) [(B)] the taxpayer's failure to pay the tax before
8181 the delinquency date was caused by an error in the transmission of
8282 the payment [funds]; and
8383 (3) [(C)] the tax was properly paid by electronic
8484 payment [funds transfer] or otherwise not later than the 21st day
8585 after the date the taxpayer knew or should have known of the
8686 delinquency.
8787 SECTION 4. The changes in law made by this Act apply only to
8888 a tax year that begins on or after the effective date of this Act.
8989 SECTION 5. (a) The officer or employee responsible for
9090 collecting property taxes for a taxing unit located wholly or
9191 primarily in a county with a population of 120,000 or more shall
9292 comply with Section 31.062, Tax Code, as added by this Act,
9393 beginning with the 2026 tax year.
9494 (b) The officer or employee responsible for collecting
9595 property taxes for a taxing unit located wholly or primarily in a
9696 county with a population of less than 120,000 shall comply with
9797 Section 31.062, Tax Code, as added by this Act, beginning with the
9898 2027 tax year.
9999 SECTION 6. This Act takes effect January 1, 2026.