HBA-SEP S.B. 1497 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1497
By: Ellis, Rodney
Ways & Means
5/2/2001
Engrossed



BACKGROUND AND PURPOSE 

As a result of some mobile telecommunications customers (customer) using
service in various localities, several different state and local tax laws
may apply.  Federal law provides that a customer's place of primary use is
the single source for determining tax revenue, regardless of where the call
originates, passes through, or terminates.  Conforming state law to federal
law ensures that Texas limits the determination of tax revenue to a single
source for a customer.  Senate Bill 1497 conforms Texas law to federal law. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

Senate Bill 1497 amends the Tax Code to create the Mobile
Telecommunications Act applicable to state and local sales and use taxes.
If a mobile telecommunications customer (customer) believes that an amount
of tax or an assignment of place of primary or taxing jurisdiction included
on a billing is erroneous, the customer is required to notify the home
service provider in writing.  The bill requires the customer to include in
the written notification the street address for the customer's place of
primary use, the account name and number for which the customer requests
the correction, a description of the error, and any other information the
home service provider (provider) reasonably requires to process the
request.  Not later than the 60th day after the date of receiving such a
notice, the provider is required to determine the correct amount of the tax
imposed or the assignment of the customer's place of primary use or taxing
jurisdiction and if there is an error, the provider is required to correct
the error and refund or credit the amount of tax erroneously collected from
the customer for a period of up to four years.  Otherwise, the provider is
required to provide a written explanation to the customer.   

The state is authorized to provide an electronic database to a provider or,
if the state does not, the designated database provider is authorized to do
so.  The database provider is required to provide notice of the
availability of the electronic database and any subsequent revisions
thereof by publication in the specified  manner.  A  provider using the
data contained in an electronic database is required to be held harmless
from any tax, charge, or fee liability (liability) that otherwise would be
due solely as a result of any error or omission in such database.  The
provider is required to reflect changes made to such database during a
calendar quarter not later than 30 days after the end of such calendar
quarter.   

If neither the state nor the designated database provider provides an
electronic database, a provider that exercises due diligence to ensure that
each such street address is assigned to the correct taxing jurisdiction is
required to be held harmless from any liability that otherwise would be due
solely as a result of an assignment of a street address to an incorrect
taxing jurisdiction.  If an enhanced zip code overlaps boundaries of taxing
jurisdictions of the same level, the provider must designate one specific
jurisdiction within such enhanced zip code for use in taxing the activity.

There is a rebuttable presumption that a provider has exercised due
diligence if the provider demonstrates  certain efforts.  The bill sets
forth applicability and responsibility provisions.  A taxing jurisdiction
is required to allow a provider to treat the address used by the provider
for tax purposes for any customer under a service contract or agreement in
effect two years after the enactment of the Mobile Telecommunications
Sourcing Act as that customer's place of primary use for the remaining term
of such a service contract or agreement excluding any extension or renewal.
The state is authorized to determine that the address used for purposes of
determining the taxing jurisdictions to which taxes, charges, or fees for
services are remitted does not meet the definition of place of primary use
and to determine that the assignment of a taxing jurisdiction by a provider
does not reflect the correct taxing jurisdiction and give binding notice to
the provider to change the place of primary use or assignment on a
prospective basis from the date of notice of determination.  Before the
state gives such notice, the customer is required to be given an
opportunity to demonstrate that the address is the customer's place of
primary use.  

The provider is required to be given an opportunity to demonstrate that the
assignment reflects the correct taxing jurisdiction.  The bill sets forth
provisions regarding taxing jurisdictions that do not subject charges for
services to taxation.   

EFFECTIVE DATE

August 1, 2002.