HBA-RBT C.S.S.B. 674 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 674
By: Moncrief
Ways & Means
5/10/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, information prepared by the Legislative Budget Board and the
comptroller of public accounts indicates that the Board of Tax Professional
Examiners (board) has not been able to comply with appropriations act
requirements that revenue generated by the agency cover its direct and
indirect costs. The latest estimates indicate that the board will fall
short approximately $24,600 in covering these costs in the next biennium.
The board is statutorily limited to charging $35 in annual fees to those it
regulates, but has been charging $45 per person via appropriations
authorization. C.S.S.B. 674 requires registrants to pay the Board of Tax
Professional Examiners an annual fee not less than $45 and not to exceed
$75.  This bill regulates the administration of examinations and the fees
charged by the Board of Tax Professional Examiners.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Board of Tax Professional Examiners
in SECTION 1 (Section 14A, Article 8885, V.T.C.S.) of this bill. 
 
SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 8885, V.T.C.S., by amending Section 13 and
adding Section 14A, as follows: 

Sec.  13.  Requires registrants to pay the Board of Tax Professional
Examiners (board) an annual fee not less than $45 and not to exceed $75,
rather than $35.  

Sec. 14A.  Authorizes the board, by rule, to require a registrant to pass
one or more examinations in order to be certified.  Provides that an
applicant for an examination must file an application with the board on a
printed form provided by the board.  Requires the board to ensure that the
form requires sufficient information to determine the applicant's current
classification.  Provides that an application must be accompanied by a fee
in an amount to be set by the board.  Requires the board to retain the fee
regardless of whether the applicant passes the examination.  Provides that
an application for an examination must be filed with the board not later
than the 14th day before the examination date.  

SECTION 3.  Effective date: September 1, 1999.  Makes application of this
Act prospective. 

SECTION 4.  Emergency clause. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original in SECTION 1 by further amending
Section 13, Article 8885, V.T.C.S., by requiring registrants to pay the
Board of Tax Professional Examiners (board) an annual fee not less than $45
and not to exceed $75, rather than $55 in the original. 

The substitute differs from the original by deleting SECTION 2 of the
original and placing proposed Section 14A which was in SECTION 2 of the
original in SECTION 1 of the substitute and modifying Section 14A by
delegating rulemaking authority to the board and conforming the language
to Legislative Council format. 

The substitute differs from the original by redesignating SECTION 3 of the
original (effective date) as SECTION 2 and adding a prospective clause in
the substitute. 

The substitute differs from the original by redesignating SECTION 4
(emergency clause) of the original as SECTION 3 of the substitute.