Tex. Codes » Tax Code · TITLE 2. STATE TAXATION · SUBTITLE B. ENFORCEMENT AND COLLECTION · CHAPTER 111. COLLECTION PROCEDURES
Texas Codes

Tex. Tax Code § 111.011 (2026)

Tax Collections And Reports By Businesses; Enforcement Of Duties

✓ current as of May 2026
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Sec. 111.011. TAX COLLECTIONS AND REPORTS BY BUSINESSES; ENFORCEMENT OF DUTIES. (a) If a person engaged in a business the operation of which involves the receipt, collection, or withholding of a tax imposed by this title fails to file a report or pay the tax as required by this title, the attorney general may bring suit for an injunction prohibiting the person from continuing in that business until the report is filed and the tax is paid.

(b) If a person engaged in business the operation of which involves the receipt, collection, or withholding of a tax imposed by this title receives, collects, or withholds more tax than is authorized by law to be received, collected, or withheld or if the person receives, collects, or withholds money from any other person under a claim or representation that the receipt, collection, or withholding is a tax imposed by this title or other law and the amount received, collected, or withheld is not a tax authorized by law, and the person does not voluntarily comply with the notice set forth in Subsection (c) herein, the attorney general shall bring suit for an injunction prohibiting the person from the wrongful receipt, collection, or withholding of the tax or alleged tax.

(c) Prior to filing suit for an injunction, the attorney general shall send written notice by certified mail requesting that the person shall cease any wrongful collections of taxes allowing 15 days for compliance from the date of notice.

(d) The venue for a suit under this section is in Travis County.

Acts 1981, 67th Leg., p. 1503, ch. 389, Sec. 1, eff. Jan. 1, 1982. Amended by Acts 1985, 69th Leg., ch. 177, Sec. 1, eff. Sept. 1, 1985.

Notes of Decisions
Cited in 5 cases, 2004–2010 · leading case: Szostek v. Texas State Comptroller of Pub. Accounts (In Re Szostek), 429 B.R. 552 (Bankr. W.D. Tex. 2010).
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Szostek v. Texas State Comptroller of Pub. Accounts (In Re Szostek), 429 B.R. 552 (Bankr. W.D. Tex. 2010). “Second, the Comptroller states that he is not limited to an in rem remedy against the Debtors under Tex. Tax Code § 111.011(a). Id., ¶ 15 at 9-10.”
William G. Wimmer A/K/A William George Wimmer v. State (Tex. App. 2004). · cites it 2× “Tex. Tax Code Ann. § 111.011 (a) (West 2001).”
William G. Wimmer A/K/A William George Wimmer v. State (Tex. App. 2004). · cites it 2× “the tax code allows the State to enjoin taxpayers who fail or refuse to meet their obligation to file reports and remit taxes that are due from their business until the report is filed and the tax is paid: If a person engaged in a business the operation of which involves the…”
Noorani Gas & Convenience, Inc., a Texas Corp. HIB Enter., Inc., a Texas Corp. Kareem Hassan, A/K/A Kareem Ali Hassan & Harish Bhagwanani, Individually v. State (Tex. App. 2008). “See Tex. Tax Code Ann. § 111.011 (a) (West 2002).”
Noorani Gas & Convenience, Inc., a Texas Corp. HIB Enter., Inc., a Texas Corp. Kareem Hassan, A/K/A Kareem Ali Hassan & Harish Bhagwanani, Individually v. State (Tex. App. 2008). “See Tex. Tax Code Ann. § 111.011 (a) (West 2002).”
— Tex. Tax Code § 111.011(a) — 1 case
Szostek v. Texas State Comptroller of Pub. Accounts (In Re Szostek), 429 B.R. 552 (Bankr. W.D. Tex. 2010). “Second, the Comptroller states that he is not limited to an in rem remedy against the Debtors under Tex. Tax Code § 111.011(a). Id., ¶ 15 at 9-10.”
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