Sec. 111.0036.  OUT-OF-STATE AUDITS.  (a)  The comptroller may contract with one or more appropriate persons to perform tax audits in any state that is not covered by a comptroller field office.  A contract may provide for a person to perform tax audits in more than one state.
(b)  Subject to Subsection (c), the amount of compensation paid to a person performing tax audits under this section is equal to the product of:
(1)  the percentage stated in the contract between the comptroller and the person;  and
(2)  the amount of revenue collected from taxpayers by the comptroller, after all available administrative and judicial appeals are exhausted, as a result of those audits.
(c)  The maximum percentage rate stated in a contract may not exceed 12 percent.  In addition, the amount of compensation paid to a person under Subsection (b) may not exceed the maximum amount, if any, stated in the contract between the comptroller and the person.
(d)  The comptroller may pay compensation to a person under this section periodically at the times specified in the contract between the comptroller and the person.  The comptroller shall determine the amount of a periodic payment in accordance with Subsections (b) and (c).  In computing the amount under Subsection (b)(2), the comptroller may include a case only if the case:
(1)  becomes administratively final during the period covered by the payment;  and
(2)  is not the subject of litigation at the end of that period.
(e)  The comptroller may pay a person under this section only through warrants issued or electronic funds transfers initiated by the comptroller.  The comptroller shall account for the compensation as a subtraction from tax collections and not as a general expense of the comptroller.
(f)  Except as provided by Subsection (g), the comptroller shall award a contract made under this section through a competitive bidding process that complies with Section 2155.132, Government Code.  If the comptroller receives not more than three bids through the competitive bidding process, the comptroller shall report the number of bidders to the Legislative Budget Board before awarding the contract.
(g)  The comptroller may enter into separate contracts with additional appropriate persons willing and able to perform tax audits in other states that are not covered by comptroller field offices at the same rate and under the same terms and conditions as the contract awarded through competitive bidding.
(h)  The comptroller shall report semiannually to the Legislative Budget Board the:
(1)  amount of revenue collected under this section;  and
(2)  amount of compensation awarded to a person with whom the comptroller contracts under this section.
(i)  A person acting on behalf of this state under a contract authorized by this section does not exercise any of the sovereign power of this state, except that the person is an agent of this state for purposes of performing tax audits.
(j)  The comptroller may provide to a person acting on behalf of this state under a contract authorized by this section any confidential information in the custody of the comptroller relating to a taxpayer that is necessary to the audit of the taxpayer and that the comptroller is not prohibited from sharing under an agreement with another state or the federal government.  A person who receives confidential information under this subsection and each employee or agent of that person are subject to each prohibition against disclosure of confidential information obtained from a taxpayer or this state in connection with a tax audit that applies to the comptroller or an employee of the comptroller.  A person, employee, or agent who receives confidential information under this subsection and improperly discloses that information is subject to the same penalties and sanctions that would apply to the comptroller or an employee of the comptroller for that disclosure.
Added by Acts 1997, 75th Leg., ch. 927, Sec. 1, eff. Sept. 1, 1997.
Amended by: 
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.109, eff. September 1, 2007.