TITLE 34.PUBLIC FINANCE

Part 1. COMPTROLLER OF PUBLIC ACCOUNTS

Chapter 3. TAX ADMINISTRATION

Subchapter C. CRUDE OIL PRODUCTION TAX

34 TAC §3.32

The Comptroller of Public Accounts adopts the repeal of §3.32, concerning prepayment procedures for crude oil production tax, without changes to the proposed text as published in the November 17, 2000, issue of the Texas Register (25 TexReg 11376).

Because the state must pay interest on overpayments made on tax reports due on or after January 1, 2000, prepayment accounts are being eliminated. As a result, this section is being repealed.

No comments were received regarding adoption of the repeal.

This repeal is adopted under the Tax Code, §111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2.

The repeal implements the Tax Code, §111.064.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 19, 2001.

TRD-200100355

Martin Cherry

Deputy General Counsel for Tax Policy and Agency Affairs

Comptroller of Public Accounts

Effective date: February 8, 2001

Proposal publication date: November 17, 2000

For further information, please call: (512) 463-4062


Subchapter L. MOTOR FUEL TAX

34 TAC §3.173

The Comptroller of Public Accounts adopts an amendment to §3.173, concerning refunds on gasoline and diesel fuel, without changes to the proposed text as published in the November 24, 2000, issue of the Texas Register (25 TexReg 11639).

Amendment is being made to correct a punctuation error in §3.173, concerning refunds for tax paid on gasoline and diesel fuel used off the highway and sales for certain resale. A comma was inadvertently omitted from subsection (b).

No comments were received regarding adoption of the amendment.

This amendment is adopted under Tax Code, §111.002, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Tax Code, Title 2.

The amendment implements Tax Code, §§153.104, 153.119, 153.203, and 153.222.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 12, 2001.

TRD-200100254

Martin Cherry

Deputy General Counsel for Tax Policy and Agency Affairs

Comptroller of Public Accounts

Effective date: February 1, 2001

Proposal publication date: November 24, 2000

For further information, please call: (512) 463-4062