Highlights 77th Texas Legislature - Senate

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77 th Texas Legislature
stamps is currently an offense; under H.B. 2378, the person would have to "knowingly" affix a stamp for an
offense to have occurred.
Directs the comptroller to distribute cigarette tax stamps that would, by the use of numbers or marks, allow
the identification of the person applying those tax stamps.
Requires persons importing cigarettes for sale in Texas to maintain copies of customs certificates for those
cigarettes and submit to the comptroller, with their monthly report, copies of those customs certificates.
Allows cigarette sellers, distributors, and manufacturers sustaining direct economic or commercial injury
from the illegal stamping of cigarettes in Texas to bring an action for appropriate injunctive relief, in addition
to other remedies provided by law.
Provides a penalty of a Class A Misdemeanor offense for a person knowingly importing, acquiring, holding,
owning, possessing, or transporting, for sale or distribution in Texas, cigarettes not in compliance with
federal laws and regulations and that could not be legally stamped in Texas. Allows an exception for
cigarettes imported by an individual for personal use and for cigarettes lawfully sold in duty-free stores.
Refunds for Overpayment of Taxes or Taxes Paid Erroneously - H.B. 2832
by Representative Smithee
Senate Sponsor: Senator Bivins
Requires the collector for a taxing unit to notify a taxpayer of an overpayment of more than $5 and sets
forth provisions regarding the refund of duplicate payments.
Requires the taxing unit to refund taxes if it determines a person erred in making a payment of taxes
because the identical taxes were paid by another person.
Requires the taxing unit to pay the refund for a duplicate tax payment within 60 days of discovering its
error, or pay interest at a rate of one percent for each month or part of a month from the date of discovery
that the refund remains unpaid.
Donation of Securities to Certain Charitable Organizations - H.B. 3015
by Representative Crownover
Senate Sponsor: Senator Fraser
Amends the Securities Act to exempt from taxation the donation of securities to charitable organizations
provided that the recipient organization does not provide anything of value in exchange; the transfer of the
securities is not made for the purpose of raising capital for the issuer; no payment is made to a third party;
and the transfer is not part of a scheme to evade the Securities Act. In the case of a transfer of options, the
payment of the exercise price is permitted though not exceeding the fair market value of the underlying
security on the grant date.
Senate Research Center 300