HBA-JLV H.B. 3571 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3571
By: Raymond
Ways & Means
4/12/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, customers who purchase goods for export can redeem state sales
taxes at retail locations upon issuance of a certificate by a licensed
customs broker specifying that the goods are for export.  However, since
issuance of these certificates in many instances takes place before the
goods actually leave the country, there is no valid mechanism to ensure
that these goods are in fact exported.  This results in a loss of sales tax
revenue that the state would otherwise receive.  House Bill 3571  creates
of export verification centers to ensure that goods purchased for export
actually leave the country. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the comptroller of public accounts in
SECTION 2 (Section 151.1575, Tax Code) of this bill. 

ANALYSIS

House Bill 3571 amends the Tax Code to establish an export verification
center (center).  The location of the center must be licensed by the
comptroller of public accounts (comptroller), be operated by a person
licensed by the comptroller, and comply with any rules prescribed by the
comptroller to administer these provisions and to prevent evasion of export
taxes and local sales and use taxes.  The bill requires a customs broker
official to work through or with a center to verify that tangible personal
property is exported outside the territorial limits of the United States.
The bill authorizes the comptroller to revoke or suspend a custom broker's
license if a customs broker fails to comply with applicable provisions.
The bill requires the customs broker to pay the monthly cost of the center
in accordance with the ratio that the number of export vouchers submitted
to the location by the broker during the month bears to the total number of
export vouchers submitted to that location by all customs brokers during
that month.  On the receipt of an export voucher, the center is required to
verify that the tangible personal property that is listed on the export
voucher was actually exported outside the territorial limits of the United
States, and attach to the export voucher a certain stamp, and return the
stamped export voucher to the customs broker.  A customs broker is
prohibited from issuing documentation for the purpose of showing the
exemption of tangible personal property unless the broker receives a
stamped export that verifies exportation of the property.  The bill
requires the center to make available, on or after the 15th day after the
date the center receives notice from the comptroller, certain books and
records pertaining to the business of verifying the export of tangible
personal property beyond the territorial limits of the United States for
purposes of exempting the property from export and local sales and use
taxes.  The center is also required to make available to the comptroller,
without notice from the comptroller, the center's books and records if the
comptroller determines that issuing a notice will jeopardize the
comptroller's ability to administer and enforce such provisions.  The bill
requires a customs broker to keep the books and records for at least four
years after the date of the last entry that they contain.  The bill
requires the center to file a report identifying such exported property,
the amount of tax for which an export voucher is issued, and any other
information the comptroller may require (Secs. 151.157 and 151.1575). 

The bill authorizes the comptroller to provide stamps only to the person
licensed by the comptroller to operate a center or to an authorized
representative of that person.  The bill provides that a stamp is invalid
if transferred to a person other than the person licensed by the
comptroller to operate a center to whom the comptroller issued the stamp
(Sec. 151.158). 

The bill provides that when an exemption is claimed because tangible
personal property is exported beyond the territorial limits of the United
States, proof of export may be shown only by documentation and attached
export vouchers from a center (Sec. 151.307). 

The bill prohibits a person licensed by the comptroller from operating a
center or an authorized representative of that person from selling or
buying an export voucher or stamps required for the documentation.  The
bill excludes a person licensed by the comptroller from operating a center
that accepts payments and through which customs brokers operate from the
prohibition.  The bill requires the comptroller to require a person who
violates provisions relating to export centers to pay the state any tax
revenue that is lost by the state due to that person's actions, with
interest, and authorizes the comptroller to suspend or revoke the license
of the person licensed by the comptroller to operate a center (Sec.
151.712). 

The bill prohibits a person from obtaining or attempting to obtain export
documentation or an export voucher for the purpose of showing an exemption
from a licensed operator of a center or an authorized representative of
that person if the person knows that the information is materially false.
The comptroller shall require a person to pay to the state any tax revenue
lost to this state due to the person's actions (Sec. 151.713). 

EFFECTIVE DATE

January 1, 2002.