Sec. 151.7032. FAILURE TO PAY TAXES COLLECTED; CRIMINAL PENALTY AND AGGREGATION OF AMOUNTS INVOLVED. (a) A person commits an offense if the person intentionally or knowingly fails to pay to the comptroller, as required by this chapter, the tax collected by that person.
(b) An offense under this section is:
(1) a Class C misdemeanor if the amount of the tax collected and not paid is less than $50;
(2) a Class B misdemeanor if the amount of the tax collected and not paid is $50 or more but less than $500;
(3) a Class A misdemeanor if the amount of the tax collected and not paid is $500 or more but less than $1,500;
(4) a state jail felony if the amount of the tax collected and not paid is $1,500 or more but less than $20,000;
(5) a felony of the third degree if the amount of the tax collected and not paid is $20,000 or more but less than $100,000;
(6) a felony of the second degree if the amount of the tax collected and not paid is $100,000 or more but less than $200,000; and
(7) a felony of the first degree if the amount of the tax collected and not paid is $200,000 or more.
(c) When tax is collected and not paid in violation of Subsection (a) pursuant to one scheme or continuous course of conduct, the conduct may be considered as one offense and the amounts aggregated in determining the grade of the offense.
Added by Acts 2001, 77th Leg., ch. 442, Sec. 12, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 68 (S.B. 934), Sec. 15, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 68 (S.B. 934), Sec. 16, eff. September 1, 2011.
Structure Texas Statutes
Subtitle E - Sales, Excise, and Use Taxes
Chapter 151 - Limited Sales, Excise, and Use Tax
Subchapter L. Prohibited Acts and Civil and Criminal Penalties
Section 151.701. Use of Stamps or Tokens Prohibited
Section 151.703. Failure to Report or Pay Tax
Section 151.704. Sales Tax Absorption; Criminal Penalty
Section 151.705. Collection of Use Tax; Criminal Penalty
Section 151.707. Resale or Exemption Certificate; Criminal Penalty
Section 151.708. Selling Without Permit; Criminal Penalty
Section 151.709. Failure to Furnish Report; Criminal Penalty
Section 151.7101. Election of Offenses
Section 151.7102. False Entry or Failure to Enter in Records
Section 151.7103. Failure to Produce for Inspection or Allow Inspection of Records
Section 151.711. Limitations on Prosecutions
Section 151.712. Civil Penalty for Persons Certifying Exports
Section 151.713. Furnishing False Information to Customs Broker; Civil Penalty