85R23533 CJC-F
 
  By: Darby H.B. No. 3232
 
  Substitute the following for H.B. No. 3232:
 
  By:  Bohac C.S.H.B. No. 3232
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the penalty imposed on certain delinquent oil and gas
  severance taxes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 201.351, Tax Code, is amended by adding
  Subsection (c) to read as follows:
         (c)  Notwithstanding Subsections (a) and (b), a person is not
  subject to a penalty under Subsection (a) if:
               (1)  the delinquent tax results from the person's
  filing of an amended report with the comptroller for a timely filed
  original report under Section 201.203 or 201.2035;
               (2)  the person timely paid the full amount of tax due
  as indicated in the original report;
               (3)  the amount of additional tax due as a result of all
  amended reports for the original report does not exceed 25 percent
  of the tax due as indicated in the original report;
               (4)  the person resolves all errors identified by the
  comptroller on the amended or original report that could affect the
  amount of tax due on that report not later than the 60th day after
  the date on which the amended or original report, as applicable, is
  filed; and
               (5)  the person files the amended report not later than
  the 730th day after the date on which the original report was due
  and remits the full amount of the additional tax due with the
  amended report.
         SECTION 2.  Section 202.301, Tax Code, is amended by adding
  Subsection (c) to read as follows:
         (c)  Notwithstanding Subsections (a) and (b), a person is not
  subject to a penalty under Subsection (a) if:
               (1)  the delinquent tax results from the person's
  filing of an amended report with the comptroller for a timely filed
  original report under Section 202.201 or 202.202;
               (2)  the person timely paid the full amount of tax due
  as indicated in the original report;
               (3)  the amount of additional tax due as a result of all
  amended reports for the original report does not exceed 25 percent
  of the tax due as indicated in the original report;
               (4)  the person resolves all errors identified by the
  comptroller on the amended or original report that could affect the
  amount of tax due on that report not later than the 60th day after
  the date on which the amended or original report, as applicable, is
  filed; and
               (5)  the person files the amended report not later than
  the 730th day after the date on which the original report was due
  and remits the full amount of the additional tax due with the
  amended report.
         SECTION 3.  Sections 201.351(c) and 202.301(c), Tax Code, as
  added by this Act, apply to delinquent tax owed as a result of an
  amended report filed with the comptroller on or after the effective
  date of this Act, regardless of the date on which the original
  report was due.
         SECTION 4.  This Act takes effect January 1, 2018.