TITLE 34.PUBLIC FINANCE

Part 1. COMPTROLLER OF PUBLIC ACCOUNTS

Chapter 3. TAX ADMINISTRATION

Subchapter F. MOTOR VEHICLE SALES TAX

34 TAC §3.74

The Comptroller of Public Accounts adopts an amendment to §3.74, concerning seller responsibility, without changes to the proposed text as published in the February 11, 2005, issue of the Texas Register (30 TexReg 646).

This amendment implements House Bill 2424, 78th Legislature, 2003. This legislation added Tax Code §152.106 providing for the prohibition of certain advertising and penalties. A new subsection (h) is added to address the change.

No comments were received regarding adoption of the amendment.

This section 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 Tax Code, Title 2.

This amended section implements Tax Code, §152.106.

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 April 11, 2005.

Chief Deputy General Counsel

Comptroller of Public Accounts

Effective date: May 1, 2005

Proposal publication date: February 11, 2005

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

Subchapter GG. INSURANCE TAX

34 TAC §3.809

The Comptroller of Public Accounts adopts an amendment to §3.809, concerning due dates, penalty and interest, and overpayments, without changes to the proposed text as published in the February 4, 2005, issue of the Texas Register (30 TexReg 509).

The amendment specifically addresses the penalty and interest applicable to late payments and underpayments to conform with changes in interest calculation in Tax Code, Title 2.

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 Tax Code, Title 2.

The amendment implements Insurance Code, Article 4.10, §6(b), Article 4.11, §13, and Article 9.59, §3(b), and Tax Code, Title 2, Subtitles A and 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 April 11, 2005.

Chief Deputy General Counsel

Comptroller of Public Accounts

Effective date: May 1, 2005

Proposal publication date: February 4, 2005

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