Bill Text: TX HB3475 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the administration, collection, and remittance of the cigars and tobacco products tax; requiring a permit.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [HB3475 Detail]
Download: Texas-2019-HB3475-Enrolled.html
H.B. No. 3475 |
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relating to the administration, collection, and remittance of the | ||
cigars and tobacco products tax; requiring a permit. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 155.001, Tax Code, is amended by | ||
amending Subdivisions (1), (6), (7), (8), (9), (10), (11), (12), | ||
(13), (14), and (15) and adding Subdivisions (6-a) and (13-a) to | ||
read as follows: | ||
(1) "Bonded agent" means a person in this state who is | ||
a third-party [ |
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state and who receives [ |
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commerce and stores the [ |
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distribution or delivery to distributors under orders from the | ||
manufacturer [ |
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(6) "Distributor" means a person who: | ||
(A) receives untaxed tobacco products for the | ||
purpose of making a first sale in this state from a manufacturer | ||
outside the state or within the state or otherwise brings or causes | ||
to be brought into this state untaxed tobacco products for sale, | ||
use, or consumption; | ||
(B) manufactures or produces tobacco products; | ||
or | ||
(C) is an importer [ |
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(6-a) "Engage in business" means, in relation to | ||
tobacco products, engaging by a person, either directly or through | ||
a representative, in any of the following activities: | ||
(A) selling tobacco products in or into this | ||
state; | ||
(B) using a warehouse or another location to | ||
store tobacco products; or | ||
(C) otherwise conducting through a physical | ||
presence tobacco product-related business in this state. | ||
(7) "Export warehouse" means a person in this state | ||
who receives untaxed tobacco products from manufacturers and stores | ||
the tobacco products for the purpose of making sales to authorized | ||
persons for resale, use, or consumption outside the United States. | ||
(8) "First sale" means, except as otherwise provided | ||
by this chapter: | ||
(A) the first transfer of possession in | ||
connection with a purchase, sale, or any exchange for value of | ||
tobacco products in or into this state, which: | ||
(i) includes the sale of tobacco products | ||
by: | ||
(a) a distributor in or outside this | ||
state to a distributor, wholesaler, or retailer in this state; and | ||
(b) a manufacturer in this state who | ||
transfers the tobacco products in this state; and | ||
(ii) does not include: | ||
(a) the sale of tobacco products by a | ||
manufacturer outside this state to a distributor in this state; or | ||
(b) the transfer of tobacco products | ||
from a manufacturer outside this state to a bonded agent in this | ||
state [ |
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(B) the first use or consumption of tobacco | ||
products in this state; or | ||
(C) the loss of tobacco products in this state | ||
whether through negligence, theft, or other unaccountable loss. | ||
(9) "Importer" [ |
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ships, transports, or imports into this state tobacco products | ||
manufactured or produced outside the United States for the purpose | ||
of making a first sale in this state. | ||
(10) "Manufacturer" means a person who manufactures, | ||
fabricates, or assembles tobacco products, or causes or arranges | ||
for the manufacture, fabrication, or assembly of tobacco products, | ||
for sale or distribution [ |
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(11) "Manufacturer's representative" means a person | ||
employed by a manufacturer to sell or distribute the manufacturer's | ||
tobacco products for which the tax imposed under this chapter has | ||
been paid. | ||
(12) "Permit holder" means a bonded agent, | ||
distributor, wholesaler, manufacturer, importer, export warehouse, | ||
or retailer who obtains [ |
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155.041. | ||
(13) "Place of business" means: | ||
(A) a commercial business location where tobacco | ||
products are sold; | ||
(B) a commercial business location where tobacco | ||
products are kept for sale or consumption or otherwise stored; [ |
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(C) a vehicle from which tobacco products are | ||
sold; or | ||
(D) a vending machine from which tobacco products | ||
are sold. | ||
(13-a) "Raw tobacco" means any part of the tobacco | ||
plant, including the tobacco leaf or stem, that is harvested from | ||
the ground and is not a tobacco product as the term is defined in | ||
this chapter. | ||
(14) "Retailer" means a person who engages in the | ||
business [ |
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includes the owner of a [ |
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(15) "Tobacco product" means: | ||
(A) a cigar; | ||
(B) smoking tobacco, including granulated, | ||
plug-cut, crimp-cut, ready-rubbed, and any form of tobacco suitable | ||
for smoking in a pipe or as a cigarette; | ||
(C) chewing tobacco, including Cavendish, Twist, | ||
plug, scrap, and any kind of tobacco suitable for chewing; | ||
(D) snuff or other preparations of pulverized | ||
tobacco; or | ||
(E) an article or product that is made of tobacco | ||
or a tobacco substitute and that is not a cigarette or an | ||
e-cigarette as defined by Section 161.081, Health and Safety Code. | ||
SECTION 2. Subchapter B, Chapter 155, Tax Code, is amended | ||
by adding Sections 155.0212, 155.025, and 155.028 to read as | ||
follows: | ||
Sec. 155.0212. LIABILITY OF PERMITTED DISTRIBUTOR. A | ||
permitted distributor who makes a first sale to a permitted | ||
distributor in this state is liable for and shall pay the tax | ||
imposed by this chapter. | ||
Sec. 155.025. MANUFACTURING EXEMPTION. Raw tobacco sold to | ||
a permitted manufacturer in this state for the purpose of using the | ||
tobacco in manufacturing is not subject to the taxes imposed by this | ||
chapter. | ||
Sec. 155.028. IMPACT OF TAX. The ultimate consumer or user | ||
in this state bears the impact of the tax imposed by this chapter. | ||
If another person pays the tax, the amount of the tax is added to the | ||
price charged to the ultimate consumer or user. | ||
SECTION 3. Sections 155.041(a), (b), and (h), Tax Code, are | ||
amended to read as follows: | ||
(a) A person may not engage in business as a distributor, | ||
wholesaler, bonded agent, manufacturer, export warehouse, | ||
importer, or retailer unless the person has applied for and | ||
received the applicable permit from the comptroller. | ||
(b) Each distributor, wholesaler, bonded agent, | ||
manufacturer, export warehouse, importer, or retailer shall obtain | ||
a permit for each place of business owned or operated by the | ||
distributor, wholesaler, bonded agent, manufacturer, export | ||
warehouse, importer, or retailer. | ||
(h) Permits for engaging in business as a distributor, | ||
wholesaler, bonded agent, manufacturer, export warehouse, | ||
importer, or retailer shall be governed exclusively by the | ||
provisions of this code. | ||
SECTION 4. Section 155.0415, Tax Code, is amended by | ||
amending Subsection (a) and adding Subsections (c), (d), (e), (f), | ||
(g), (h), and (i) to read as follows: | ||
(a) Except for retail sales to consumers, tobacco products | ||
may only be sold or distributed by and between permit holders as | ||
provided by this section. | ||
(c) A manufacturer outside this state who is not a permitted | ||
distributor may sell tobacco products only to a permitted | ||
distributor. | ||
(d) A permitted distributor may sell tobacco products only | ||
to a permitted distributor, wholesaler, or retailer. | ||
(e) A permitted importer may sell tobacco products only to a | ||
permitted distributor, wholesaler, or retailer. | ||
(f) A permitted wholesaler may sell tobacco products only to | ||
a permitted distributor, wholesaler, or retailer. | ||
(g) A permitted retailer may sell tobacco products only to | ||
the consumer and may purchase tobacco products only from a | ||
permitted distributor or wholesaler in this state. | ||
(h) A permitted export warehouse may sell tobacco products | ||
only to persons authorized to sell or consume untaxed tobacco | ||
products outside the United States. | ||
(i) A manufacturer's representative may sell tobacco | ||
products only to a permitted distributor, wholesaler, or retailer. | ||
SECTION 5. The heading to Section 155.049, Tax Code, is | ||
amended to read as follows: | ||
Sec. 155.049. PERMIT [ |
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SECTION 6. Section 155.049, Tax Code, is amended by adding | ||
Subsections (c) and (g) to read as follows: | ||
(c) A fee is not required for an export warehouse permit. | ||
(g) A person issued a permit for a place of business that | ||
permanently closes before the permit expiration date is not | ||
entitled to a refund of the permit fee. | ||
SECTION 7. Section 155.101, Tax Code, is amended to read as | ||
follows: | ||
Sec. 155.101. RECORD OF PURCHASE OR RECEIPT. Each | ||
distributor, wholesaler, bonded agent, and export warehouse shall | ||
keep records at each place of business of all tobacco products | ||
purchased or received. Each retailer shall keep records at a | ||
single commercial business location, which the retailer shall | ||
designate as its principal place of business in the state, of all | ||
tobacco products purchased and received. These records must | ||
include the following, except that Subdivision (7) applies to | ||
distributors only and Subdivision (8) applies only to the purchase | ||
or receipt of tobacco products other than cigars: | ||
(1) the name and address of the shipper or carrier and | ||
the mode of transportation; | ||
(2) all shipping records or copies of records, | ||
including invoices, bills of lading, waybills, freight bills, and | ||
express receipts; | ||
(3) the date and the name of the place of origin of the | ||
tobacco product shipment; | ||
(4) the date and the name of the place of arrival of | ||
the tobacco product shipment; | ||
(5) a statement of the number, kind, and price paid for | ||
the tobacco products; | ||
(6) the name, address, permit number, and tax | ||
identification number of the seller; | ||
(7) the manufacturer's list price for the tobacco | ||
products; | ||
(8) the net weight as listed by the manufacturer for | ||
each unit; and | ||
(9) any other information required by rules of the | ||
comptroller. | ||
SECTION 8. Subchapter D, Chapter 155, Tax Code, is amended | ||
by adding Section 155.109 to read as follows: | ||
Sec. 155.109. EXPORT WAREHOUSE'S RECORDS. (a) Each export | ||
warehouse shall keep, at each of the warehouse's places of business | ||
in this state, records of all tobacco products received, | ||
distributed, and delivered. | ||
(b) The records must include: | ||
(1) invoices for receipts and deliveries; | ||
(2) orders for receipts and deliveries; | ||
(3) shipping records for receipts and deliveries; and | ||
(4) shipping records for distribution and delivery. | ||
SECTION 9. Sections 155.201(a) and (b), Tax Code, are | ||
amended to read as follows: | ||
(a) A person violates this chapter if the person: | ||
(1) is a distributor, wholesaler, manufacturer, | ||
export warehouse, importer, bonded agent, manufacturer's | ||
representative, or retailer and fails to keep records required by | ||
this chapter; | ||
(2) engages in the business of a bonded agent, | ||
distributor, wholesaler, manufacturer, export warehouse, importer, | ||
or retailer without a valid permit; | ||
(3) is a distributor, wholesaler, manufacturer, | ||
export warehouse, importer, bonded agent, or retailer and fails to | ||
make a report required by this chapter to the comptroller or makes a | ||
false or incomplete report or application required by this chapter | ||
to the comptroller; or | ||
(4) is a person affected by this chapter and fails or | ||
refuses to abide by or violates a provision of this chapter or a | ||
rule adopted by the comptroller under this chapter. | ||
(b) A person who violates this chapter [ |
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pay to the state a penalty of not more than $2,000 for each | ||
violation. | ||
SECTION 10. Section 155.202, Tax Code, is amended to read as | ||
follows: | ||
Sec. 155.202. NONPAYMENT OF TAX. A person commits an | ||
offense if the person, without the tax being paid: | ||
(1) receives or possesses in this state tobacco | ||
products for the purpose of making a first sale; | ||
(2) sells, offers for sale, or presents tobacco | ||
products as a prize or gift; or | ||
(3) knowingly consumes, uses, or smokes tobacco | ||
products subject to the tax imposed by this chapter [ |
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SECTION 11. Section 155.207, Tax Code, is amended to read as | ||
follows: | ||
Sec. 155.207. PERMITS. A person commits an offense if the | ||
person acting: | ||
(1) as a distributor, wholesaler, or retailer, | ||
receives or possesses tobacco products without having a valid | ||
permit; | ||
(2) as a distributor, wholesaler, or retailer, | ||
receives or possesses tobacco products without having a permit | ||
posted where it can be easily seen by the public; | ||
(3) as a distributor or wholesaler, does not deliver | ||
an invoice to the purchaser as required by Section 155.102; | ||
(4) as a distributor, wholesaler, or retailer, sells | ||
tobacco products without having a valid permit; or | ||
(5) as a bonded agent or export warehouse, stores, | ||
distributes, or delivers tobacco products on which the tax has not | ||
been paid without having a valid permit. | ||
SECTION 12. Section 155.209, Tax Code, is amended to read as | ||
follows: | ||
Sec. 155.209. TRANSPORTATION OF TOBACCO PRODUCTS. A person | ||
commits an offense if the person: | ||
(1) knowingly transports tobacco products subject to | ||
the tax [ |
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(2) wilfully refuses to stop a motor vehicle operated | ||
to transport tobacco products after a request to stop from an | ||
authorized representative of the comptroller; or | ||
(3) while transporting tobacco products, refuses to | ||
permit a complete inspection of the cargo by an authorized | ||
representative of the comptroller. | ||
SECTION 13. The heading to Section 155.211, Tax Code, is | ||
amended to read as follows: | ||
Sec. 155.211. POSSESSION: TAX DUE [ |
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SECTION 14. Section 155.211(a), Tax Code, is amended to | ||
read as follows: | ||
(a) A person commits an offense if the person possesses, in | ||
violation of this chapter, tobacco products on which a tax [ |
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of evidence of a tax payment is prima facie evidence of nonpayment. | ||
SECTION 15. Sections 155.022, 155.112(b), and 155.203, Tax | ||
Code, are repealed. | ||
SECTION 16. The changes in law made by this Act to Sections | ||
155.202, 155.207, 155.209, and 155.211, Tax Code, and the repeal by | ||
this Act of Section 155.203, Tax Code, apply only to an offense | ||
committed on or after the effective date of this Act. An offense | ||
committed before the effective date of this Act is governed by the | ||
law in effect on the date the offense was committed, and the former | ||
law is continued in effect for that purpose. For purposes of this | ||
section, an offense was committed before the effective date of this | ||
Act if any element of the offense occurred before that date. | ||
SECTION 17. The changes in law made by this Act do not | ||
affect tax liability accruing before the effective date of this | ||
Act. That liability continues in effect as if this Act had not been | ||
enacted, and the former law is continued in effect for the | ||
collection of taxes due and for civil and criminal enforcement of | ||
the liability for those taxes. | ||
SECTION 18. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3475 was passed by the House on April | ||
26, 2019, by the following vote: Yeas 122, Nays 17, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3475 was passed by the Senate on May | ||
21, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |