Bill Text: TX HB1590 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to a suspension of the imposition of certain fees under certain conditions.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-04-28 - Left pending in committee [HB1590 Detail]
Download: Texas-2011-HB1590-Introduced.html
| 82R5049 KLA-D | ||
| By: Turner | H.B. No. 1590 | |
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| relating to a suspension of the imposition of certain fees under | ||
| certain conditions. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter E, Chapter 404, Government Code, is | ||
| amended by adding Section 404.074 to read as follows: | ||
| Sec. 404.074. NOTICE OF EXCESS REVENUE CREDITED TO CERTAIN | ||
| ACCOUNTS; SUSPENSION OF FEES. (a) In this section, "fee" means an | ||
| amount required to be paid in exchange for a service or other | ||
| benefit or as part of a regulatory system. The term includes an | ||
| amount charged in exchange for a direct personal benefit, such as an | ||
| amount charged to engage in a regulated occupation or activity, to | ||
| enter a state park, museum, or other facility, or for the issuance | ||
| of specialty license plates. The term does not include a tax | ||
| imposed under the Tax Code or other law. | ||
| (b) This section applies only to an account in the general | ||
| revenue fund: | ||
| (1) the revenue credited to which is dedicated only by | ||
| statute to a particular purpose or entity; and | ||
| (2) a portion of the revenue of which in excess of | ||
| amounts appropriated by the General Appropriations Act or other law | ||
| would, through the application of Section 403.095(b) or a successor | ||
| law providing that certain dedicated revenue is available for | ||
| general governmental purposes, be available for those purposes and | ||
| considered available for the purpose of certification under Section | ||
| 403.121. | ||
| (c) On the date amounts credited during a state fiscal | ||
| biennium to an account to which this section applies equal at least | ||
| 110 percent of the total amounts appropriated by the General | ||
| Appropriations Act and other law for that biennium, the comptroller | ||
| shall: | ||
| (1) identify each person who collects or remits | ||
| revenue credited to that account; and | ||
| (2) notify each person identified under Subdivision | ||
| (1) in writing that: | ||
| (A) the credited amounts exceed the | ||
| appropriations for the biennium; and | ||
| (B) the imposition of the portion of the fee from | ||
| which the revenue credited to the account is derived that the person | ||
| would otherwise collect or remit to the comptroller is suspended | ||
| during the period beginning on a date stated in the notice. | ||
| (d) The date on which the suspension period described by | ||
| Subsection (c)(2)(B) begins must be the first day of a calendar | ||
| month and may not be later than the 45th day after the date the | ||
| notice is sent. The period ends on a date determined by the | ||
| comptroller after considering the account balance necessary to | ||
| cover appropriations from the account to which the suspended fee | ||
| would be deposited. | ||
| (e) Notwithstanding any other law, including a law under | ||
| which a fee is otherwise imposed, the imposition of the portion of a | ||
| fee that is the subject of a notice required by Subsection (c) is | ||
| suspended for the period specified in the notice. A person who | ||
| receives the notice may not impose or collect the portion of the fee | ||
| that is the subject of the notice during the specified period but | ||
| shall remit to the comptroller in accordance with applicable law: | ||
| (1) all fees collected before the beginning of the | ||
| period that have not been remitted; and | ||
| (2) delinquent fees that were imposed and became due | ||
| before the beginning of the period but are collected during the | ||
| period. | ||
| (f) The suspension of the imposition of a fee under | ||
| Subsection (e) does not affect the availability of or access to the | ||
| benefit or service, or operation of the regulatory system, with | ||
| respect to which the fee would be imposed if not suspended. | ||
| (g) The comptroller shall maintain in a conspicuous | ||
| location on the comptroller's Internet website a current list of | ||
| fees the imposition of which are suspended under this section. The | ||
| list must: | ||
| (1) contain information that clearly identifies each | ||
| suspended fee; and | ||
| (2) specify the suspension period for each of those | ||
| fees. | ||
| (h) The comptroller by rule shall establish procedures by | ||
| which a person who pays a fee that was imposed on the person in | ||
| violation of Subsection (e) may request a refund of the amount paid. | ||
| The comptroller shall determine whether the fee was imposed in | ||
| violation of Subsection (e). | ||
| (i) If the comptroller determines through procedures | ||
| established under Subsection (h) that a fee was imposed on the | ||
| person requesting a refund in violation of Subsection (e), the | ||
| comptroller shall refund the amount of the fee paid. A person | ||
| aggrieved by a determination of the comptroller under those | ||
| procedures may appeal that determination. The appeal is a | ||
| contested case under Chapter 2001. | ||
| SECTION 2. This Act takes effect September 1, 2011. | ||
