reglab/statecodes huggingface dataset:
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 151 - Limited Sales, Excise, and Use Tax › Subchapter K. Procedures for Collection of Delinquent Taxes › Section 151.608. Judgments

Sec. 151.608.  JUDGMENTS.  (a)  A judgment in favor of the state obtained in an action under this chapter may be filed for record with the county clerk of any county in the state and when filed constitutes a lien on all of the real property located in the county and belonging to the person named in the judgment as the defendant.  The lien applies to all real property in the county owned by the defendant at the time of the filing or acquired by him after the filing of the judgment.
(b)  The lien has the force and effect of a judgment lien for 10 years after the date of the judgment unless the lien is released or discharged before the expiration of the 10-year period.
(c)  On the payment in full of the amount of a judgment obtained under this chapter, the comptroller may release the lien.
(d)  A prior judgment is not a bar to a subsequent suit under this chapter for additional taxes, penalties, and interest accruing after the prior judgment if the suit is brought before the expiration of the limitation period.
(e)  Execution on a judgment obtained under this chapter may issue in the same manner as an execution under other judgments, and the sale under an execution is held as provided by the rules of civil procedure and the statutes of this state.
Acts 1981, 67th Leg., p. 1579, ch. 389, Sec. 1, eff. Jan. 1, 1982.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 151 - Limited Sales, Excise, and Use Tax › Subchapter K. Procedures for Collection of Delinquent Taxes › Section 151.614. Res Judicata

Sec. 151.614.  RES JUDICATA.  In the determination of a suit arising under this chapter, the rule of res judicata applies only if the liability at issue is for the same quarterly period as was at issue in a previously determined suit.
Acts 1981, 67th Leg., p. 1582, ch. 389, Sec. 1, eff. Jan. 1, 1982.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 151 - Limited Sales, Excise, and Use Tax › Subchapter K. Procedures for Collection of Delinquent Taxes › Section 151.615. Tax Suit Comity

Sec. 151.615.  TAX SUIT COMITY.  A court of this state shall recognize and enforce a liability for a sales or use tax lawfully imposed by another state if the other state extends a like comity to this state.
Acts 1981, 67th Leg., p. 1582, ch. 389, Sec. 1, eff. Jan. 1, 1982.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 151 - Limited Sales, Excise, and Use Tax › Subchapter L. Prohibited Acts and Civil and Criminal Penalties › Section 151.701. Use of Stamps or Tokens Prohibited

Sec. 151.701.  USE OF STAMPS OR TOKENS PROHIBITED.  No person may use stamps or tokens for the purpose of collecting or enforcing the collection of the taxes imposed by this chapter or for any other purpose connected with the taxes.
Acts 1981, 67th Leg., p. 1582, ch. 389, Sec. 1, eff. Jan. 1, 1982.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 151 - Limited Sales, Excise, and Use Tax › Subchapter L. Prohibited Acts and Civil and Criminal Penalties › Section 151.703. Failure to Report or Pay Tax

Sec. 151.703.  FAILURE TO REPORT OR PAY TAX.  (a)  A person who fails to file a report as required by this chapter or who fails to pay a tax imposed by this chapter when due forfeits five percent of the amount due as a penalty, and if the person fails to file the report or pay the tax within 30 days after the day on which the tax or report is due, the person forfeits an additional five percent.
(b)  The minimum penalty provided by Subsection (a) of this section is $1.
(c)  A delinquent tax draws interest beginning 60 days from the due date.
(d)  In addition to any other penalty authorized by this section, a person who fails to file a report as required by this chapter shall pay a penalty of $50.  The penalty provided by this subsection is assessed without regard to whether the taxpayer subsequently files the report or whether any taxes were due from the taxpayer for the reporting period under the required report.
Acts 1981, 67th Leg., p. 1583, ch. 389, Sec. 1, eff. Jan. 1, 1982.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 14.03, eff. October 1, 2011.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 151 - Limited Sales, Excise, and Use Tax › Subchapter L. Prohibited Acts and Civil and Criminal Penalties › Section 151.7032. Failure to Pay Taxes Collected; Criminal Penalty and Aggregation of Amounts Involved

Sec. 151.7032.  FAILURE TO PAY TAXES COLLECTED; CRIMINAL PENALTY AND AGGREGATION OF AMOUNTS INVOLVED.  (a)  A person commits an offense if the person intentionally or knowingly fails to pay to the comptroller, as required by this chapter, the tax collected by that person.
(b)  An offense under this section is:
(1)  a Class C misdemeanor if the amount of the tax collected and not paid is less than $50;
(2)  a Class B misdemeanor if the amount of the tax collected and not paid is $50 or more but less than $500;
(3)  a Class A misdemeanor if the amount of the tax collected and not paid is $500 or more but less than $1,500;
(4)  a state jail felony if the amount of the tax collected and not paid is $1,500 or more but less than $20,000;
(5)  a felony of the third degree if the amount of the tax collected and not paid is $20,000 or more but less than $100,000;
(6)  a felony of the second degree if the amount of the tax collected and not paid is $100,000 or more but less than $200,000; and
(7)  a felony of the first degree if the amount of the tax collected and not paid is $200,000 or more.
(c)  When tax is collected and not paid in violation of Subsection (a) pursuant to one scheme or continuous course of conduct, the conduct may be considered as one offense and the amounts aggregated in determining the grade of the offense.
Added by Acts 2001, 77th Leg., ch. 442, Sec. 12, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 68 (S.B. 934), Sec. 15, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 68 (S.B. 934), Sec. 16, eff. September 1, 2011.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 151 - Limited Sales, Excise, and Use Tax › Subchapter L. Prohibited Acts and Civil and Criminal Penalties › Section 151.704. Sales Tax Absorption; Criminal Penalty

Sec. 151.704.  SALES TAX ABSORPTION; CRIMINAL PENALTY.  (a)  Except as provided by Subsections (b) and (c), a retailer commits an offense if the retailer directly or indirectly advertises, holds out, or states to a customer or to the public that the tax is not part of the sales price payable by the customer.
(b)  A retailer may directly or indirectly advertise, hold out, or state to a customer or to the public that the retailer will pay the tax for the customer if:
(1)  the retailer indicates in the advertisement, holding out, or statement that the retailer is paying the tax for the customer;
(2)  the retailer does not indicate or imply in the advertisement, holding out, or statement that the sale is exempt or excluded from taxation; and
(3)  any purchaser's receipt or other statement given to the customer listing the sales price paid or to be paid by the customer separately states the amount of the tax and indicates that the tax will be paid by the retailer.
(c)  This section does not prohibit a utility from billing a customer in one lump-sum price including the utility sales price and the amount of the tax imposed by this chapter.
(d)  An offense under this section is a misdemeanor punishable by a fine of not more than $500.
Acts 1981, 67th Leg., p. 1583, ch. 389, Sec. 1, eff. Jan. 1, 1982.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1119 (H.B. 2358), Sec. 2, eff. October 1, 2019.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 151 - Limited Sales, Excise, and Use Tax › Subchapter L. Prohibited Acts and Civil and Criminal Penalties › Section 151.705. Collection of Use Tax; Criminal Penalty

Sec. 151.705.  COLLECTION OF USE TAX;  CRIMINAL PENALTY.  A retailer engaged in business in this state who violates Section 151.103 of this code commits a misdemeanor punishable by a fine of not more than $500.
Acts 1981, 67th Leg., p. 1583, ch. 389, Sec. 1, eff. Jan. 1, 1982.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 151 - Limited Sales, Excise, and Use Tax › Subchapter L. Prohibited Acts and Civil and Criminal Penalties › Section 151.707. Resale or Exemption Certificate; Criminal Penalty

Sec. 151.707.  RESALE OR EXEMPTION CERTIFICATE;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person:
(1)  intentionally or knowingly makes a false entry in, or a fraudulent alteration of, an exemption or resale certificate;
(2)  makes, presents, or uses an exemption certificate or resale certificate with knowledge that it is false and with the intent that it be accepted as a valid resale or exemption certificate;  or
(3)  intentionally conceals, removes, or impairs the verity or legibility of an exemption or resale certificate or unreasonably impedes the availability of an exemption or resale certificate.
(b)  An offense under Subsection (a) is:
(1)  a Class C misdemeanor if the tax avoided by the use of the exemption or resale certificate is less than $20;
(2)  a Class B misdemeanor if the tax avoided by the use of the exemption or resale certificate is $20 or more, but less than $200;
(3)  a Class A misdemeanor if the tax avoided by the use of the exemption or resale certificate is $200 or more, but less than $750;
(4)  a felony of the third degree if the tax avoided by the use of the exemption or resale certificate is $750 or more, but less than $20,000; or
(5)  a felony of the second degree if the tax avoided by the use of the exemption or resale certificate is $20,000 or more.
Acts 1981, 67th Leg., p. 1583, ch. 389, Sec. 1, eff. Jan. 1, 1982.  Amended by Acts 1993, 73rd Leg., ch. 486, Sec. 1.09, eff. Sept. 1, 1993.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 68 (S.B. 934), Sec. 17, eff. September 1, 2011.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 151 - Limited Sales, Excise, and Use Tax › Subchapter L. Prohibited Acts and Civil and Criminal Penalties › Section 151.7075. Failure to Produce Certain Records After Using Resale Certificate; Criminal Penalty

Sec. 151.7075.  FAILURE TO PRODUCE CERTAIN RECORDS AFTER USING RESALE CERTIFICATE; CRIMINAL PENALTY.  (a)  A person commits an offense if the person intentionally fails to produce to the comptroller records that document a taxpayer's taxable sale of items that the taxpayer obtained using a resale certificate.
(b)  The records to which Subsection (a) applies are records:
(1)  required to be kept under Section 151.025; and
(2)  requested by the comptroller under Section 151.023 that are not produced in the period required by that section.
(c)  The items to which Subsection (a) applies are items the sales of which are required to be reported to the comptroller under Section 151.433, 154.212, or 155.105.
(d)  An offense under this section is:
(1)  a Class C misdemeanor if the tax avoided by the use of the resale certificate is less than $20;
(2)  a Class B misdemeanor if the tax avoided by the use of the resale certificate is $20 or more but less than $200;
(3)  a Class A misdemeanor if the tax avoided by the use of the resale certificate is $200 or more but less than $750;
(4)  a felony of the third degree if the tax avoided by the use of the resale certificate is $750 or more but less than $20,000; or
(5)  a felony of the second degree if the tax avoided by the use of the resale certificate is $20,000 or more.
(e)  It is an affirmative defense to prosecution under this section that the items listed for purchase on the resale certificate had not been resold at the time of the comptroller's request for records under Section 151.023.
(f)  If conduct described by Subsection (a) is related to one scheme or continuous course of conduct, the conduct may be considered as one offense and the amounts of tax avoided may be aggregated in determining the grade of the offense.
Added by Acts 2011, 82nd Leg., R.S., Ch. 68 (S.B. 934), Sec. 18, eff. September 1, 2011.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 151 - Limited Sales, Excise, and Use Tax › Subchapter L. Prohibited Acts and Civil and Criminal Penalties › Section 151.708. Selling Without Permit; Criminal Penalty

Sec. 151.708.  SELLING WITHOUT PERMIT;  CRIMINAL PENALTY.  (a)  A person or officer of a corporation commits an offense if the person or corporation engages in business as a retailer in this state without a permit required by this chapter or after the permit is suspended.
(b)  A first offense under this section is a Class C misdemeanor.
(c)  If it is shown on the trial of an offense under this section that the person or officer has previously been finally convicted of one offense under this section, on conviction the person or officer shall be punished for a Class B misdemeanor punishable by a fine only, not to exceed $2,000.
(d)  If it is shown on the trial of an offense under this section that the person or officer has previously been finally convicted of two offenses under this section, on conviction the person or officer shall be punished for a Class A misdemeanor punishable by a fine only, not to exceed $4,000.
(e)  If it is shown on the trial of an offense under this section that the person or officer has previously been finally convicted of three or more offenses under this section, on conviction the person or officer shall be punished for a Class A misdemeanor punishable by a fine not to exceed $4,000, confinement in jail for a term not to exceed one year, or both the fine and confinement.
(f)  Each day a person or an officer of a corporation operates a business without a permit or with a suspended permit is a separate offense under this section.
Acts 1981, 67th Leg., p. 1583, ch. 389, Sec. 1, eff. Jan. 1, 1982.  Amended by Acts 2001, 77th Leg., ch. 442, Sec. 13, eff. Sept. 1, 2001.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 151 - Limited Sales, Excise, and Use Tax › Subchapter L. Prohibited Acts and Civil and Criminal Penalties › Section 151.709. Failure to Furnish Report; Criminal Penalty

Sec. 151.709.  FAILURE TO FURNISH REPORT;  CRIMINAL PENALTY.  (a)  A person commits an offense if the person refuses to furnish a report as required by this chapter or by the comptroller as authorized by this chapter.
(b)  A first offense under this section is a Class C misdemeanor.
(c)  If it is shown on the trial of an offense under this section that the person has previously been finally convicted of one offense under this section, on conviction the person shall be punished for a Class B misdemeanor punishable by a fine only, not to exceed $2,000.
(d)  If it is shown on the trial of an offense under this section that the person has previously been finally convicted of two or more offenses under this section, on conviction the person shall be punished for a Class A misdemeanor punishable by a fine only, not to exceed $4,000.
Acts 1981, 67th Leg., p. 1584, ch. 389, Sec. 1, eff. Jan. 1, 1982.  Amended by Acts 2001, 77th Leg., ch. 442, Sec. 14, eff. Sept. 1, 2001.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 151 - Limited Sales, Excise, and Use Tax › Subchapter L. Prohibited Acts and Civil and Criminal Penalties › Section 151.7101. Election of Offenses

Sec. 151.7101.  ELECTION OF OFFENSES.  If a violation of a criminal provision of this chapter by a taxpayer constitutes another offense under the laws of this state, the state may elect the offense for which it will prosecute the taxpayer.
Added by Acts 2001, 77th Leg., ch. 442, Sec. 15, eff. Sept. 1, 2001.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 151 - Limited Sales, Excise, and Use Tax › Subchapter L. Prohibited Acts and Civil and Criminal Penalties › Section 151.7102. False Entry or Failure to Enter in Records

Sec. 151.7102.  FALSE ENTRY OR FAILURE TO ENTER IN RECORDS.  (a)  A person commits an offense if the person intentionally or knowingly conceals, destroys, makes a false entry in, or fails to make an entry in records that are required to be made or kept under this chapter.
(b)  An offense under this section is a felony of the third degree.
Added by Acts 2001, 77th Leg., ch. 442, Sec. 15, eff. Sept. 1, 2001.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 151 - Limited Sales, Excise, and Use Tax › Subchapter L. Prohibited Acts and Civil and Criminal Penalties › Section 151.7103. Failure to Produce for Inspection or Allow Inspection of Records

Sec. 151.7103.  FAILURE TO PRODUCE FOR INSPECTION OR ALLOW INSPECTION OF RECORDS.  (a)  A person commits an offense if the person is asked, by a person authorized by the comptroller, to produce or allow inspection of a record required to be kept under this chapter and the person fails to produce the record or allow the inspection after the allowed time.
(b)  An offense under this section is a Class C misdemeanor.  Each day the person fails to allow inspection of records or produce records for inspection after receiving a request is a separate offense.
Added by Acts 2001, 77th Leg., ch. 442, Sec. 15, eff. Sept. 1, 2001.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 151 - Limited Sales, Excise, and Use Tax › Subchapter L. Prohibited Acts and Civil and Criminal Penalties › Section 151.711. Limitations on Prosecutions

Sec. 151.711.  LIMITATIONS ON PROSECUTIONS.  An indictment or information for a criminal offense brought under this chapter must be presented within four years after the commission of the offense or it is barred.
Acts 1981, 67th Leg., p. 1584, ch. 389, Sec. 1, eff. Jan. 1, 1982.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 151 - Limited Sales, Excise, and Use Tax › Subchapter L. Prohibited Acts and Civil and Criminal Penalties › Section 151.713. Furnishing False Information to Customs Broker; Civil Penalty

Sec. 151.713.  FURNISHING FALSE INFORMATION TO CUSTOMS BROKER;  CIVIL PENALTY.  (a)  A person may not obtain or attempt to obtain export documentation for the purpose of showing an exemption under Section 151.307(b)(2) from a customs broker or an authorized employee of a customs broker if the person knows, at the time the documentation is sought, that the information provided to the broker or employee is materially false, in whole or in part, and the documentation is sought for the purpose of evading the tax imposed by this chapter.
(b)  After notice as provided by this section, a person who violates this section is subject to a monetary penalty that may not exceed:
(1)  $500 for the first violation;
(2)  $1,000 for the second violation;  and
(3)  $3,000 for each subsequent violation.
(c)  Each violation of this section is subject to a separate monetary penalty.
(d)  If the comptroller believes that a person has violated this section, the comptroller shall give written notice to the person to show cause why the person should not be subject to a monetary penalty for the violation.  The notice must advise the person of the allegations and explain that the person has a right to respond to the allegations in writing and request an oral hearing before the 31st day after the date that the notice is issued.
(e)  The comptroller may not impose a monetary penalty under this section until the comptroller or a person designated by the comptroller:
(1)  considers the allegations against the person;
(2)  considers any timely written response made by the person;
(3)  considers any evidence properly admitted at any oral hearing held on the allegations;  and
(4)  issues a written decision.
(f)  The comptroller must give notice of the comptroller's intent to impose a monetary penalty under this section not later than four years after the date of the alleged commission of a violation of this section or the comptroller may not impose a monetary penalty.
(g)  The penalty imposed by this section is in addition to any tax, penalty, and interest that may be assessed against a person who violates this section.
(h)  In this section, "customs broker" and "authorized employee" have the meanings assigned by Section 151.157.
Added by Acts 1993, 73rd Leg., ch. 955, Sec. 4, eff. June 19, 1993.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 151 - Limited Sales, Excise, and Use Tax › Subchapter L. Prohibited Acts and Civil and Criminal Penalties › Section 151.714. Venue for Criminal Prosecution

Sec. 151.714.  VENUE FOR CRIMINAL PROSECUTION.  Venue for prosecution for an offense under this chapter is in:
(1)  the county in which any element of the offense occurs;  or
(2)  Travis County.
Added by Acts 2001, 77th Leg., ch. 442, Sec. 16, eff. Sept. 1, 2001.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 152 - Taxes on Sale, Rental, and Use of Motor Vehicles › Subchapter A. General Provisions › Section 152.003. Duties of Comptroller

Sec. 152.003.  DUTIES OF COMPTROLLER.  (a)  The comptroller may:
(1)  supervise the collection of taxes imposed by this chapter;  and
(2)  establish rules for the determination of taxable value of motor vehicles and the administration of this chapter.
(b)  The comptroller shall furnish a copy of the rules to each county tax assessor-collector.
(c)  All county tax assessors-collectors shall consistently apply the rules authorized by this section to the determination of taxable value of each motor vehicle purchased in the state or taxable under the use tax levied by this chapter.
Acts 1981, 67th Leg., p. 1588, ch. 389, Sec. 1, eff. Jan. 1, 1982.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 152 - Taxes on Sale, Rental, and Use of Motor Vehicles › Subchapter B. Imposition of Tax › Section 152.021. Retail Sales Tax

Sec. 152.021.  RETAIL SALES TAX.  (a)  A tax is imposed on every retail sale of every motor vehicle sold in this state.  Except as provided by this chapter, the tax is an obligation of and shall be paid by the purchaser of the motor vehicle.
(b)  The tax rate is 6-1/4 percent of the total consideration.
Acts 1981, 67th Leg., p. 1588, ch. 389, Sec. 1, eff. Jan. 1, 1982.  Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 31, art. 1, Sec. 6, eff. Aug. 1, 1984;  Acts 1987, 70th Leg., 2nd C.S., ch. 5, art. 6, Sec. 1;  Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 16.02, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 29, Sec. 2, eff. Oct. 1, 1993;  Acts 1995, 74th Leg., ch. 1015, Sec. 2, eff. Jan. 1, 1996.
For expiration of this section, see Subsection (c).
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 152 - Taxes on Sale, Rental, and Use of Motor Vehicles › Subchapter B. Imposition of Tax › Section 152.0215. Texas Emissions Reduction Plan Surcharge

Sec. 152.0215.  TEXAS EMISSIONS REDUCTION PLAN SURCHARGE.  (a)  Except as provided by Subsection (a-1), a surcharge is imposed on every retail sale, lease, or use of every on-road diesel motor vehicle that is over 14,000 pounds and that is sold, leased, or used in this state.  The amount of the surcharge for a vehicle of a model year 1996 or earlier is 2.5 percent of the total consideration and for a vehicle of a model year 1997 or later, one percent of the total consideration.
(a-1)  The surcharge does not apply to a recreational vehicle, as that term is defined by Section 522.004(b), Transportation Code, that is not held or used for the production of income.
(b)  The surcharge shall be collected at the same time and in the same manner and shall be administered and enforced in the same manner as the tax imposed under this chapter.  The comptroller by rule shall adopt any additional procedures needed for the collection, administration, and enforcement of the surcharge authorized by this section and shall deposit all remitted surcharges to the credit of the Texas emissions reduction plan fund.
(c)  This section expires on the last day of the state fiscal biennium during which the Texas Commission on Environmental Quality publishes in the Texas Register the notice required by Section 382.037, Health and Safety Code.
Added by Acts 2001, 77th Leg., ch. 967, Sec. 3, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1331, Sec. 22, eff. July 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 835 (S.B. 867), Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1125 (H.B. 2481), Sec. 18, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 262 (S.B. 12), Sec. 2.14, eff. June 8, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1125 (H.B. 1796), Sec. 19, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 1301 (H.B. 3745), Sec. 2.02, eff. August 30, 2019.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 152 - Taxes on Sale, Rental, and Use of Motor Vehicles › Subchapter B. Imposition of Tax › Section 152.022. Tax on Motor Vehicle Purchased Outside This State

Sec. 152.022.  TAX ON MOTOR VEHICLE PURCHASED OUTSIDE THIS STATE.  (a)  A use tax is imposed on a motor vehicle purchased at retail sale outside this state and used on the public highways of this state by a Texas resident or other person who is domiciled or doing business in this state.
(b)  The tax rate is 6-1/4 percent of the total consideration.
Acts 1981, 67th Leg., p. 1588, ch. 389, Sec. 1, eff. Jan. 1, 1982.  Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 31, art. 1, Sec. 7, eff. Aug. 1, 1984;  Acts 1987, 70th Leg., 2nd C.S., ch. 5, art. 6, Sec. 2;  Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 16.03, eff. Sept. 1, 1991.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 152 - Taxes on Sale, Rental, and Use of Motor Vehicles › Subchapter B. Imposition of Tax › Section 152.023. Tax on Motor Vehicle Brought Into State by New Texas Resident

Sec. 152.023.  TAX ON MOTOR VEHICLE BROUGHT INTO STATE BY NEW TEXAS RESIDENT.  (a)  A use tax is imposed on a new resident of this state who brings into this state a motor vehicle:
(1)  that has been registered previously in the new resident's name in any other state or foreign country;  or
(2)  that the person leased in another state or foreign country.
(b)  Except as provided by Subsection (b-1), the tax is $90 for each vehicle.
(b-1)  The tax on a motor vehicle eligible to be issued exhibition vehicle specialty license plates under Section 504.502, Transportation Code, is equal to the lesser of $90 or 6.25 percent of the total consideration.
(c)  The tax imposed by this section is in lieu of the tax imposed by Section 152.022.
Acts 1981, 67th Leg., p. 1589, ch. 389, Sec. 1, eff. Jan. 1, 1982.  Amended by Acts 1999, 76th Leg., ch. 1414, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 700 (S.B. 338), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 152 - Taxes on Sale, Rental, and Use of Motor Vehicles › Subchapter B. Imposition of Tax › Section 152.024. Tax on an Even Exchange of Motor Vehicles

Sec. 152.024.  TAX ON AN EVEN EXCHANGE OF MOTOR VEHICLES.  (a)  A tax is imposed on each party to a transaction involving the even exchange of two motor vehicles.
(b)  The tax on each party is $5.
(c)  No transfer of title in an even exchange shall be accomplished until the taxes have been paid.
Acts 1981, 67th Leg., p. 1589, ch. 389, Sec. 1, eff. Jan. 1, 1982.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 152 - Taxes on Sale, Rental, and Use of Motor Vehicles › Subchapter B. Imposition of Tax › Section 152.025. Tax on Gift of Motor Vehicle

Sec. 152.025.  TAX ON GIFT OF MOTOR VEHICLE.  (a)  A tax is imposed on the recipient of a gift of a motor vehicle.  This section applies only if the person receiving the motor vehicle:
(1)  receives the vehicle from:
(A)  the person's:
(i)  spouse;
(ii)  parent or stepparent;
(iii)  grandparent or grandchild;
(iv)  child or stepchild;
(v)  sibling; or
(vi)  guardian;
(B)  a decedent's estate;
(C)  a trust subject to the Texas Trust Code (Subtitle B, Title 9, Property Code) that was revocable by a decedent or that was jointly revocable by a decedent and the decedent's spouse; or
(D)  a trust subject to the Texas Trust Code that is revocable by the person receiving the motor vehicle or that is jointly revocable by the recipient and the recipient's spouse;
(2)  is a trust subject to the Texas Trust Code that is revocable by the transferor of the motor vehicle or that is jointly revocable by the transferor and the transferor's spouse; or
(3)  is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, by being listed as an exempt organization under Section 501(c)(3) of that code, and the vehicle will be used for the purposes of the organization.
(b)  The tax is $10.
Acts 1981, 67th Leg., p. 1589, ch. 389, Sec. 1, eff. Jan. 1, 1982.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 686 (H.B. 2654), Sec. 2, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 699 (H.B. 2913), Sec. 7, eff. September 1, 2013.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 152 - Taxes on Sale, Rental, and Use of Motor Vehicles › Subchapter B. Imposition of Tax › Section 152.026. Tax on Gross Rental Receipts

Sec. 152.026.  TAX ON GROSS RENTAL RECEIPTS.  (a)  A tax is imposed on the gross rental receipts from the rental of a rented motor vehicle.
(b)  The tax rate is 10 percent of the gross rental receipts from the rental of a rented motor vehicle for 30 days or less and 6-1/4 percent of the gross rental receipts from the rental of a rented motor vehicle for longer than 30 days.
(c)  Except for a destroyed motor vehicle or an unrecovered stolen motor vehicle, the total amount of gross rental receipts tax paid by the owner, as defined by Section 152.001(9)(A) of this code, on a motor vehicle registered under Section 152.061 of this code may not be less than an amount equal to the tax that would be imposed by Section 152.021 or 152.022 of this code but for Subsection (d) of this section.
(d)  The taxes imposed by Sections 152.021 and 152.022 of this code are not due on a motor vehicle as long as it is registered as a rental vehicle under Section 152.061 of this code.
Acts 1981, 67th Leg., p. 1589, ch. 389, Sec. 1, eff. Jan. 1, 1982.  Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 31, art. 1, Sec. 8, eff. Aug. 1, 1984;  Acts 1987, 70th Leg., 2nd C.S., ch. 5, art. 6, Sec. 3;  Acts 1991, 72nd Leg., ch. 16, Sec. 17.04, eff. Aug. 26, 1991;  Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 16.04, eff. Sept. 1, 1991.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 152 - Taxes on Sale, Rental, and Use of Motor Vehicles › Subchapter B. Imposition of Tax › Section 152.027. Tax on Metal Dealer Plates

Text of section effective until July 01, 2025
Sec. 152.027.  TAX ON METAL DEALER PLATES.  (a)  A use tax is imposed on each person to whom is issued a metal dealer's plate authorized by Chapter 503, Transportation Code.
(b)  The tax is $25 for each plate issued.
(c)  The tax imposed by this section is in lieu of any other tax imposed by this chapter.
Acts 1981, 67th Leg., p. 1589, ch. 389, Sec. 1, eff. Jan. 1, 1982.  Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 31, art. 1, Sec. 9, eff. Aug. 1, 1984;  Acts 1997, 75th Leg., ch. 165, Sec. 30.252, eff. Sept. 1, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 668 (H.B. 718), Sec. 1, eff. July 1, 2025.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 152 - Taxes on Sale, Rental, and Use of Motor Vehicles › Subchapter B. Imposition of Tax › Section 152.027. Tax on Dealer Plates

Text of section effective on July 01, 2025
Sec. 152.027.  TAX ON DEALER PLATES.  (a)  A use tax is imposed on each person to whom is issued a dealer's plate under Section 503.061 or 503.0615, Transportation Code.
(b)  The tax is $25 for each plate issued.
(c)  The tax imposed by this section is in lieu of any other tax imposed by this chapter.
Acts 1981, 67th Leg., p. 1589, ch. 389, Sec. 1, eff. Jan. 1, 1982.  Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 31, art. 1, Sec. 9, eff. Aug. 1, 1984;  Acts 1997, 75th Leg., ch. 165, Sec. 30.252, eff. Sept. 1, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 668 (H.B. 718), Sec. 1, eff. July 1, 2025.
Acts 2023, 88th Leg., R.S., Ch. 668 (H.B. 718), Sec. 2, eff. July 1, 2025.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 152 - Taxes on Sale, Rental, and Use of Motor Vehicles › Subchapter B. Imposition of Tax › Section 152.028. Use Tax on Motor Vehicle Brought Back Into State

Sec. 152.028.  USE TAX ON MOTOR VEHICLE BROUGHT BACK INTO STATE.  (a)  A use tax is imposed on the operator of a motor vehicle that was purchased tax-free under Section 152.092 of this code and that is brought back into this state for use on the public highways of this state.  The tax is imposed at the time the motor vehicle is brought back into this state.
(b)  The tax rate is 6-1/4 percent of the total consideration.
Added by Acts 1983, 68th Leg., p. 722, ch. 167, Sec. 2, eff. May 20, 1983.  Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 31, art. 1, Sec. 10, eff. Aug. 1, 1984;  Acts 1987, 70th Leg., 2nd C.S., ch. 5, art. 6, Sec. 4;  Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 16.05, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 1040, Sec. 27, eff. Oct. 1, 1997.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 152 - Taxes on Sale, Rental, and Use of Motor Vehicles › Subchapter C. Collection of Taxes › Section 152.041. General Collection Procedure

Sec. 152.041.  GENERAL COLLECTION PROCEDURE.  (a)  The tax assessor-collector of the county in which an application for registration or for a Texas certificate of title is made shall collect taxes imposed by this chapter, subject to Section 152.0412, unless another person is required by this chapter to collect the taxes.
(b)  Except as provided by Section 152.069, the tax assessor-collector may not accept an application unless the tax and any penalty is paid.
(c)  Except as provided by Subsection (f) and Section 152.047, the tax imposed by Section 152.021 is due on the 20th working day after the date the motor vehicle is delivered to the purchaser.
(d)  Except as provided by Subsection (f), the tax imposed by Section 152.022 is due on the 20th working day after the date the motor vehicle is brought into this state.
(e)  If a motor vehicle title applicant has paid the tax to the seller who is required by this chapter to collect the tax and the seller has failed to remit the tax to the county tax assessor-collector, the tax assessor-collector may accept application for title to the motor vehicle without the payment of additional tax by the applicant.  Before title to the motor vehicle may be issued under these circumstances, the motor vehicle title applicant must present satisfactory documentation to the tax assessor-collector that the tax was paid.  The county tax assessor-collector shall notify the comptroller in writing of the seller's failure to remit the tax.  The notice must:
(1)  be made before the 31st day after the date the application for title is accepted;
(2)  contain the name and address of the seller;  and
(3)  include any documentation of the payment of the tax provided to the county tax assessor-collector by the motor vehicle title applicant.
(f)  The tax imposed by Section 152.021 or 152.022 on a motor vehicle designed for commercial use is due on the 20th working day after the date the motor vehicle is equipped with a body or other equipment that enables the motor vehicle to be eligible to be registered under the Transportation Code.
Acts 1981, 67th Leg., p. 1589, ch. 389, Sec. 1, eff. Jan. 1, 1982.  Amended by Acts 1983, 68th Leg., p. 455, ch. 93, Sec. 11, eff. Sept. 1, 1983;  Acts 1993, 73rd Leg., ch. 29, Sec. 3, eff. Oct. 1, 1993;  Acts 1999, 76th Leg., ch. 1467, Sec. 2.31, eff. Oct. 1, 1999;  Acts 2001, 77th Leg., ch. 1263, Sec. 27, eff. Sept. 1, 2001.
Amended by:
Acts 2006, 79th Leg., 3rd C.S., Ch. 6 (H.B. 4), Sec. 2, eff. September 1, 2006.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 152 - Taxes on Sale, Rental, and Use of Motor Vehicles › Subchapter C. Collection of Taxes › Section 152.0411. Collection by Sellers

Sec. 152.0411.  COLLECTION BY SELLERS.  (a)  Except as provided by this section, a seller who makes a sale subject to the sales tax imposed by Section 152.021 shall add the amount of the tax to the sales price, and when the amount of the tax is added:
(1)  it is a debt of the purchaser to the seller until paid;  and
(2)  if unpaid, it is recoverable at law in the same manner as the original sales price.
(b)  The seller shall collect the tax from the purchaser and remit it to the tax assessor-collector in the time and manner provided by law.
(c)  This section applies only to the sale of a vehicle that is to be titled and registered in Texas.  If a purchaser intends to register a vehicle outside Texas, the purchaser shall comply with the terms of Section 152.092.
(d)  This section does not apply to a seller-financed sale.
(e)  This section applies only to a sale in which the seller is a motor vehicle dealer who holds a dealer license issued under Chapter 503, Transportation Code, or Chapter 2301, Occupations Code.
(f)  This section does not apply to the sale of a motor vehicle with a gross weight in excess of 11,000 pounds.  The seller of a motor vehicle with a gross weight in excess of 11,000 pounds shall maintain records of the sale in the manner and form, and containing the information, required by the comptroller.
Added by Acts 1995, 74th Leg., ch. 1015, Sec. 3, eff. Jan. 1, 1996.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.253, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1040, Sec. 28, eff. Oct. 1, 1997;  Acts 2003, 78th Leg., ch. 1276, Sec. 14A.817, eff. Sept. 1, 2003.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 152 - Taxes on Sale, Rental, and Use of Motor Vehicles › Subchapter C. Collection of Taxes › Section 152.042. Collection of Tax on Metal Dealer Plates

Text of section effective until July 01, 2025
Sec. 152.042.  COLLECTION OF TAX ON METAL DEALER PLATES.  A person required to pay the tax imposed by Section 152.027 shall pay the tax to the Texas Department of Motor Vehicles, and the department may not issue the metal dealer's plates until the tax is paid.
Acts 1981, 67th Leg., p. 1589, ch. 389, Sec. 1, eff. Jan. 1, 1982.  Amended by Acts 1995, 74th Leg., ch. 165, Sec. 22(70), eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3K.09, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 668 (H.B. 718), Sec. 3, eff. July 1, 2025.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 152 - Taxes on Sale, Rental, and Use of Motor Vehicles › Subchapter C. Collection of Taxes › Section 152.042. Collection of Tax on Dealer's License Plates

Text of section effective on July 01, 2025
Sec. 152.042.  COLLECTION OF TAX ON DEALER'S LICENSE PLATES.  A person required to pay the tax imposed by Section 152.027 shall pay the tax to the Texas Department of Motor Vehicles, and the department may not issue the dealer's license plates until the tax is paid.
Acts 1981, 67th Leg., p. 1589, ch. 389, Sec. 1, eff. Jan. 1, 1982.  Amended by Acts 1995, 74th Leg., ch. 165, Sec. 22(70), eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 3K.09, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 668 (H.B. 718), Sec. 3, eff. July 1, 2025.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 152 - Taxes on Sale, Rental, and Use of Motor Vehicles › Subchapter C. Collection of Taxes › Section 152.043. Collection of Tax on Motor Vehicles Operated by Nonresidents

Sec. 152.043.  COLLECTION OF TAX ON MOTOR VEHICLES OPERATED BY NONRESIDENTS.  A person doing business in this state who registers a motor vehicle under Section 502.091, Transportation Code, shall pay the tax imposed by Section 152.022 of this code to the comptroller on or before the day the motor vehicle is brought into Texas.
Acts 1981, 67th Leg., p. 1590, ch. 389, Sec. 1, eff. Jan. 1, 1982.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.254, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 19.008, eff. September 1, 2013.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 152 - Taxes on Sale, Rental, and Use of Motor Vehicles › Subchapter C. Collection of Taxes › Section 152.044. Payment by Seller

Sec. 152.044.  PAYMENT BY SELLER.  (a)  If the comptroller on an audit of the records of a seller finds that the amount of tax due was incorrectly reported on a joint statement and that the amount of tax paid was less than the amount due, the seller and purchaser are jointly and severally liable for the amount of the tax determined to be due.
(b)  The comptroller shall ascertain compliance with the terms of this section.  If the comptroller on an audit of the records of a motor vehicle dealer finds that the documents necessary to title and register a motor vehicle in the name of the purchaser of the motor vehicle have not been executed and delivered to the tax assessor-collector, together with tax due, if any, the motor vehicle dealer is liable for the amount of the tax due, plus penalty and interest, if any.
Acts 1981, 67th Leg., p. 1590, ch. 389, Sec. 1, eff. Jan. 1, 1982.  Amended by Acts 1993, 73rd Leg., ch. 587, Sec. 19, eff. Oct. 1, 1993;  Acts 1995, 74th Leg., ch. 1015, Sec. 4, eff. Jan. 1, 1996.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 152 - Taxes on Sale, Rental, and Use of Motor Vehicles › Subchapter C. Collection of Taxes › Section 152.045. Collection of Tax on Gross Rental Receipts

Sec. 152.045.  COLLECTION OF TAX ON GROSS RENTAL RECEIPTS.  (a)  Except as inconsistent with this chapter and rules adopted under this chapter, an owner of a motor vehicle subject to the tax on gross rental receipts shall report and pay the tax to the comptroller in the same manner as the Limited Sales, Excise and Use Tax is reported and paid by retailers under Chapter 151 of this code.
(b)  The owner shall add the tax to the rental charge, and when added, the tax is:
(1)  a part of the rental charge;
(2)  a debt owed to the motor vehicle owner by the person renting the vehicle;  and
(3)  recoverable at law in the same manner as the rental charge.
(c)  The comptroller may proceed against a person renting a motor vehicle for any unpaid gross rental receipts tax.
(d)  In addition to any other penalty provided by law, the owner of a motor vehicle subject to the tax on gross rental receipts who is required to file a report as provided by this chapter and who fails to timely file the report shall pay a penalty of $50.  The penalty provided by this subsection is assessed without regard to whether the taxpayer subsequently files the report or whether any taxes were due from the taxpayer for the reporting period under the required report.
Acts 1981, 67th Leg., p. 1590, ch. 389, Sec. 1, eff. Jan. 1, 1982.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 5, Sec. 16.06, eff. Sept. 1, 1991.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 14.04, eff. October 1, 2011.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 152 - Taxes on Sale, Rental, and Use of Motor Vehicles › Subchapter C. Collection of Taxes › Section 152.046. Change in Tax Status of Motor Vehicle

Sec. 152.046.  CHANGE IN TAX STATUS OF MOTOR VEHICLE.  (a)  If the owner, as defined by Section 152.001(9)(A) of this code, of a motor vehicle registered as a rental vehicle ceases to use the vehicle for rental, the owner shall report and remit on the next report required to be filed with the comptroller by Section 152.045(a) of this code any unpaid portion of gross rental receipts tax imposed by Section 152.026 of this code.
(b)  An owner of a motor vehicle on which the motor vehicle sales or use tax has been paid who subsequently uses the vehicle for rental shall collect the gross rental receipts tax imposed by this chapter from the person renting the vehicle.  The owner may credit an amount equal to the motor vehicle sales or use tax paid by the owner to the comptroller against the amount of gross rental receipts due.  This credit is not transferable and cannot be applied against tax due and payable from the rental of another vehicle belonging to the same owner.
(c)  For the purpose of determining the amount of minimum tax due under Section 152.026(c) of this code only, an owner of a motor vehicle on which the tax on gross rental receipts is imposed may credit against the amount of gross rental receipts due an amount equal to the tax on gross rental receipts the owner has paid to any other state.  This credit is not transferable and cannot be applied against tax due and payable from the rental of another vehicle belonging to the same owner.
Acts 1981, 67th Leg., p. 1590, ch. 389, Sec. 1, eff. Jan. 1, 1982.
2023 Texas Statutes › Tax Code › Title 2 - State Taxation › Subtitle E - Sales, Excise, and Use Taxes › Chapter 152 - Taxes on Sale, Rental, and Use of Motor Vehicles › Subchapter C. Collection of Taxes › Section 152.0472. Determination of Whether Loan Is Factored, Assigned, or Transferred

Sec. 152.0472.  DETERMINATION OF WHETHER LOAN IS FACTORED, ASSIGNED, OR TRANSFERRED.  (a)  A seller is not considered to have factored, assigned, or transferred a loan under Section 152.047(g) if:
(1)  a loan through a seller is pledged as security for the sale of bonds:
(A)  to a qualified institutional buyer, as that term is defined by 17 C.F.R. Section 230.144A, that is not affiliated to the seller;
(B)  to an institutional accredited investor, as that term is defined by 17 C.F.R. Section 230.501(a)(1), (2), (3), or (7), that is not affiliated to the seller; or
(C)  in a public offering;
(2)  the right to receive payments and the risk of loss on nonpayment remains with the seller or an affiliated collection entity acting as agent of the seller; and
(3)  bondholders receive only interest and principal.
(b)  Notwithstanding Subsection (a), the seller may elect to pay all unpaid tax imposed under this chapter on the total consideration.  A seller that makes this election is entitled to a credit or reimbursement for the taxes paid under this chapter on the remaining unpaid balance of the contract for which the seller has not received payment or has not otherwise collected the tax due.  The seller shall take the tax credit or reimbursement on the seller's seller-finance return. The tax credit or reimbursement does not accrue interest.
Added by Acts 2007, 80th Leg., R.S., Ch. 931 (H.B. 3314), Sec. 8, eff. June 15, 2007.