Sec. 403.214. COUNTERCLAIM. The state may bring a counterclaim in a suit for a temporary or permanent injunction brought under this subchapter if the counterclaim relates to taxes or fees imposed under the same statute and during the same period as the taxes or fees that are the subject of the suit and if the counterclaim is filed not later than the 30th day before the date set for trial on the merits of the application for a temporary or permanent injunction. The state is not required to make an assessment of the taxes or fees subject to the counterclaim under any other statute, and the period of limitation applicable to an assessment of the taxes or fees does not apply to a counterclaim brought under this section.
Added by Acts 1989, 71st Leg., ch. 232, Sec. 24, eff. Sept. 1, 1989.
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