Bill Text: TX HB3872 | 2019-2020 | 86th Legislature | Introduced

Texas House Bill 3872 (Prior Session Legislation)

Introduced

Bill Title: Relating to data matching with financial institutions to facilitate the collection of state delinquent tax liabilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-04-18 - Left pending in committee [HB3872 Detail]

Download: Texas-2019-HB3872-Introduced.html

	86R11708 GRM-F

	By: Longoria	H.B. No. 3872



	A BILL TO BE ENTITLED
	AN ACT
	relating to data matching with financial institutions to facilitate
	the collection of state delinquent tax liabilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter A, Chapter 111, Tax Code, is amended
	by adding Section 111.025 to read as follows:
	Sec. 111.025. DELINQUENT TAXPAYER FINANCIAL RECORDS. (a)
	In this section:
	(1) "Account" means a demand deposit account, checking
	or negotiable order of withdrawal account, savings account, time
	deposit account, or money-market mutual fund account.
	(2) "Delinquent taxpayer" means a person who at the
	time of the data match request is delinquent in a tax or fee
	administered by the comptroller.
	(3) "Financial institution" means:
	(A) a depository institution or an
	institution-affiliated party, as defined by 12 U.S.C. Section 1813;
	(B) a federal credit union or a state credit
	union, as defined by 12 U.S.C. Section 1752, including an
	institution-affiliated party of a credit union, as defined by 12
	U.S.C. Section 1786; or
	(C) a benefit association, insurance company,
	safe deposit company, money-market mutual fund, or similar entity
	authorized to do business in this state.
	(b) For the purpose of carrying out the terms of this title,
	the comptroller may request a financial institution to perform a
	match that compares account holders' names, social security
	numbers, or federal employer identification numbers to delinquent
	taxpayer information provided by the comptroller.
	(c) Not later than the 90th day after the date of the match
	request under Subsection (b), the financial institution shall
	file a report with the comptroller containing the following
	information for each account containing matching information:
	(1) the account holder's name;
	(2) the account holder's address;
	(3) the account holder's social security number or
	federal employer identification number;
	(4) the financial institution account number; and
	(5) the amount of all funds contained in the account,
	or any other account holder asset being held by the financial
	institution.
	(d) The comptroller shall make the match request under
	Subsection (b) compatible with the data processing system of the
	financial institution.
	(e) The comptroller may not request a financial institution
	to perform a match under this section more than once each calendar
	quarter.
	(f) The financial institution may not notify account
	holders that the comptroller has requested a match or whether a
	match has been made.
	(g) The information in the match request and the match
	report is subject to the confidentiality and the disclosure
	provisions of Section 111.006.
	(h) A financial institution is not liable to any person for
	disclosing information to the comptroller under this section or for
	any other action that the financial institution takes in good faith
	to comply with this section.
	(i) The comptroller may contract with third parties to
	facilitate the implementation of this section. Third-party
	contractors may use confidential information solely for the purpose
	of implementing this section.
	(j) The attorney general shall bring suit in the name of the
	state to enforce this section. Venue for a suit arising under this
	section is in Travis County.
	(k) The comptroller may adopt rules to implement this
	section.
	SECTION 2. This Act takes effect September 1, 2019.