TITLE 34.PUBLIC FINANCE

Part 1. COMPTROLLER OF PUBLIC ACCOUNTS

Chapter 3. TAX ADMINISTRATION

Subchapter G. CIGARETTE TAX

34 TAC §3.101

The Comptroller of Public Accounts (comptroller) adopts an amendment to §3.101, concerning cigarette tax and stamping activities, without changes to the proposed text as published in the December 22, 2006, issue of the Texas Register (31 TexReg 10248).

This section is being amended pursuant to 79th Legislature, 2006, Third Called Session, House Bill 5. House Bill 5 increases the excise tax on cigarettes to $70.50 per thousand on cigarettes weighing three pounds or less per thousand. Subsection (a) is amended accordingly.

No comments were received regarding adoption of the amendment.

This amendment is adopted under Tax Code, §111.002 and §111.0022, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of Tax Code, Title 2, and taxes, fees, or other charges which the comptroller administers under other law.

The amendment implements Tax Code, §154.021(b)(1).

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 29, 2007.

TRD-200700228

Martin Cherry

General Counsel

Comptroller of Public Accounts

Effective date: February 18, 2007

Proposal publication date: December 22, 2006

For further information, please call: (512) 475-0387


Subchapter H. CIGAR AND TOBACCO TAX

34 TAC §3.121

The Comptroller of Public Accounts (comptroller) adopts an amendment to §3.121, concerning definitions, imposition of tax, permits, and reports, without changes to the proposed text as published in the December 22, 2006, issue of the Texas Register (31 TexReg 10249).

This section is being amended pursuant to 79th Legislature, Third Called Session, 2006, House Bill 5. House Bill 5 increases the excise tax on tobacco products other than cigars to 40 percent of the manufacturer's list price, exclusive of any trade discount, special discount, or deal. Subsection (b)(1)(B) is amended accordingly.

No comments were received regarding adoption of the amendment.

This amendment is adopted under Tax Code, §111.002 and §111.0022, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of Tax Code, Title 2, and taxes, fees, or other charges which the comptroller administers under other law.

The amendment implements Tax Code, §155.0211(b).

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 29, 2007.

TRD-200700229

Martin Cherry

General Counsel

Comptroller of Public Accounts

Effective date: February 18, 2007

Proposal publication date: December 22, 2006

For further information, please call: (512) 475-0387


Subchapter BB. BATTERY SALES FEE

34 TAC §3.711

The Comptroller of Public Accounts adopts an amendment to §3.711, concerning collection and reporting requirements, without changes to the proposed text as published in the December 22, 2006, issue of the Texas Register (31 TexReg 10251).

The amendment adds a new (b)(2) to clarify that when a dealer fails to collect the battery sales fee from the purchaser of a lead-acid battery, the comptroller may collect the battery sales fee from the purchaser. Subsequent paragraphs are renumbered accordingly.

No comments were received regarding adoption of the amendment.

This amendment is adopted under Tax Code, §111.002 and §111.0022, which provides the comptroller with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of Tax Code, Title 2, and taxes, fees, or other charges which the comptroller administers under other law.

The amendment implements Health and Safety Code, §361.138(l), (m) and (n).

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 29, 2007.

TRD-200700230

Martin Cherry

General Counsel

Comptroller of Public Accounts

Effective date: February 18, 2007

Proposal publication date: December 22, 2006

For further information, please call: (512) 475-0387