Tex. Tax Code Section 152.041
General Collection Procedure


(a)

The tax assessor-collector of the county in which an application for registration or for a Texas certificate of title is made shall collect taxes imposed by this chapter, subject to Section 152.0412 (Standard Presumptive Value; Use by Tax Assessor-collector), unless another person is required by this chapter to collect the taxes.

(b)

Except as provided by Section 152.069 (Registration of Motor Vehicle Using Seller-financing), the tax assessor-collector may not accept an application unless the tax and any penalty is paid.

(c)

Except as provided by Subsection (f) and Section 152.047 (Collection of Tax on Seller-financed Sale), the tax imposed by Section 152.021 (Retail Sales Tax) is due on the 20th working day after the date the motor vehicle is delivered to the purchaser.

(d)

Except as provided by Subsection (f), the tax imposed by Section 152.022 (Tax on Motor Vehicle Purchased Outside This State) is due on the 20th working day after the date the motor vehicle is brought into this state.

(e)

If a motor vehicle title applicant has paid the tax to the seller who is required by this chapter to collect the tax and the seller has failed to remit the tax to the county tax assessor-collector, the tax assessor-collector may accept application for title to the motor vehicle without the payment of additional tax by the applicant. Before title to the motor vehicle may be issued under these circumstances, the motor vehicle title applicant must present satisfactory documentation to the tax assessor-collector that the tax was paid. The county tax assessor-collector shall notify the comptroller in writing of the seller’s failure to remit the tax. The notice must:

(1)

be made before the 31st day after the date the application for title is accepted;

(2)

contain the name and address of the seller; and

(3)

include any documentation of the payment of the tax provided to the county tax assessor-collector by the motor vehicle title applicant.

(f)

The tax imposed by Section 152.021 (Retail Sales Tax) or 152.022 (Tax on Motor Vehicle Purchased Outside This State) on a motor vehicle designed for commercial use is due on the 20th working day after the date the motor vehicle is equipped with a body or other equipment that enables the motor vehicle to be eligible to be registered under the Transportation Code.
Acts 1981, 67th Leg., p. 1589, ch. 389, Sec. 1, eff. Jan. 1, 1982. Amended by Acts 1983, 68th Leg., p. 455, ch. 93, Sec. 11, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 29, Sec. 3, eff. Oct. 1, 1993; Acts 1999, 76th Leg., ch. 1467, Sec. 2.31, eff. Oct. 1, 1999; Acts 2001, 77th Leg., ch. 1263, Sec. 27, eff. Sept. 1, 2001.
Amended by:
Acts 2006, 79th Leg., 3rd C.S., Ch. 6 (H.B. 4), Sec. 2, eff. September 1, 2006.

Source: Section 152.041 — General Collection Procedure, https://statutes.­capitol.­texas.­gov/Docs/TX/htm/TX.­152.­htm#152.­041 (accessed Jun. 5, 2024).

152.001
Definitions
152.002
Total Consideration
152.003
Duties of Comptroller
152.021
Retail Sales Tax
152.022
Tax on Motor Vehicle Purchased Outside This State
152.023
Tax on Motor Vehicle Brought into State by New Texas Resident
152.024
Tax on an Even Exchange of Motor Vehicles
152.025
Tax on Gift of Motor Vehicle
152.026
Tax on Gross Rental Receipts
152.027
Tax on Metal Dealer Plates
152.028
Use Tax on Motor Vehicle Brought Back into State
152.041
General Collection Procedure
152.042
Collection of Tax on Metal Dealer Plates
152.043
Collection of Tax on Motor Vehicles Operated by Nonresidents
152.044
Payment by Seller
152.045
Collection of Tax on Gross Rental Receipts
152.046
Change in Tax Status of Motor Vehicle
152.047
Collection of Tax on Seller-financed Sale
152.048
Gross Receipts Presumed Subject to Tax
152.061
Registration of Motor Vehicle Purchased for Rental
152.062
Required Statements
152.063
Records
152.064
Tax Receipts
152.065
Required Permits
152.066
Deficiency Determination
152.067
Petition for Redetermination of a Deficiency
152.068
Revocation of Motor Vehicle Retail Seller’s Permit
152.069
Registration of Motor Vehicle Using Seller-financing
152.081
Driver Training Motor Vehicles
152.082
Sale of Motor Vehicle to or Use of Motor Vehicle by Public Agency
152.083
Lease of Motor Vehicle to Public Agency
152.084
Rental of Motor Vehicle to Public Agency
152.085
Rental of Motor Vehicle for Purposes of Re-rental
152.086
Motor Vehicles Driven by Handicapped Persons
152.087
Fire Trucks and Emergency Medical Services Vehicles
152.088
Motor Vehicles Used for Religious Purposes
152.089
Exempt Vehicles
152.090
Certain Hydrogen-powered Motor Vehicles
152.091
Farm or Timber Use
152.092
Motor Vehicles Transported out of State
152.093
Motor Vehicles Sold to Certain Licensed Child-care Facilities
152.101
Penalty for Signing False Statement or Certificate
152.102
Operation Without Payment of Tax
152.103
Failure to Keep Records
152.104
Failure to Remit Tax Collected
152.105
Venue for Criminal Prosecutions
152.106
Prohibited Advertising
152.121
Tax Sent to Comptroller
152.122
Allocation of Tax
152.123
Tax Retained by County
152.0215
Texas Emissions Reduction Plan Surcharge
152.0411
Collection by Sellers
152.0412
Standard Presumptive Value
152.0472
Determination of Whether Loan Is Factored, Assigned, or Transferred
152.0475
Registration of Related Finance Company
152.0635
Records of Certain Sellers
152.1222
Allocation of Certain Tax Revenue to Property Tax Relief Fund

Accessed:
Jun. 5, 2024

§ 152.041’s source at texas​.gov