Sec. 403.202. PROTEST PAYMENT REQUIRED. (a) If a person who is required to pay to any department of the state government an occupation, excise, gross receipts, franchise, license, or privilege tax or fee, or another tax or amount imposed under Subtitle A, Title 4, Labor Code, contends that the tax or fee is unlawful or that the department may not legally demand or collect the tax or fee, the person shall pay the amount claimed by the state, and if the person intends to bring suit under this subchapter, the person must submit with the payment a protest.
(b) The protest must be in writing and must state fully and in detail each reason for recovering the payment.
(c) The protest payment must be made within the period set out in Section 403.076 or 403.077 for the filing of a refund claim.
Added by Acts 1989, 71st Leg., ch. 232, Sec. 24, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 486, Sec. 7.09, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 9.58, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 331 (H.B. 2080), Sec. 1, eff. September 1, 2021.
Structure Texas Statutes
Subtitle A - Executive Officers
Chapter 403 - Comptroller of Public Accounts
Subchapter J. Suits by Persons Owing Taxes or Fees
Section 403.201. Suits; Jurisdiction
Section 403.202. Protest Payment Required
Section 403.203. Protest Payment Suit After Payment Under Protest
Section 403.204. Protest Payment Suit: Parties; Issues
Section 403.205. Trial De Novo
Section 403.206. Class Actions
Section 403.207. Additional Protest Payments Before Hearing
Section 403.208. Protest Payments During Appeal
Section 403.209. Submission of Protest Payments to Comptroller
Section 403.210. Disposition of Protest Payments Belonging to State
Section 403.211. Credit or Refund
Section 403.212. Requirements Before Injunction
Section 403.213. Nature of Action for Injunction
Section 403.215. Records After Injunction
Section 403.216. Reports After Injunction
Section 403.217. Additional Payments or Bond
Section 403.218. Dismissal of Injunction
Section 403.219. Final Dismissal or Dissolution of Injunction
Section 403.220. Credit or Refund