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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 83(R)

House Bill 3086

House Author:  Darby

Effective:  9-1-13

Senate Sponsor:  Huffman


            Current law provides a diesel fuel tax exemption for the volume of water, fuel ethanol, renewable diesel, biodiesel, or mixtures of water, ethanol, diesel, and biodiesel that are blended with taxable diesel fuel when the finished product is clearly identified on the retail pump, storage tank, and sales invoice as a blended product. House Bill 3086 amends the Tax Code to authorize a supplier or permissive supplier of diesel fuel, in lieu of claiming that exemption and complying with those labeling requirements, to elect to collect and remit the diesel fuel tax on those materials as if the materials were taxable diesel fuel. The bill exempts a dealer who sells taxable diesel fuel blended with such materials on which tax has been paid under the bill's provisions from the labeling otherwise required for a tax exemption. The materials on which tax has been paid under the bill's provisions are not exempt from the tax on a subsequent sale, and a license holder or other purchaser is not entitled to a refund of or credit for a tax paid on purchase of taxable diesel fuel blended with those materials.