By:  Eckels                                            H.B. No. 234
       73R683 CBH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to an exemption for political subdivisions from motor fuel
    1-3  taxes and vehicle registration fees.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 153.104, Tax Code, is amended to read as
    1-6  follows:
    1-7        Sec. 153.104.  Exceptions.  The tax imposed by this
    1-8  subchapter does not apply to gasoline:
    1-9              (1)  brought into this state in the fuel tank of a
   1-10  vehicle with a capacity of less than 60  gallons when the tank is
   1-11  connected to the carburetor or fuel injection system of the power
   1-12  plant providing the propulsion of the vehicle;
   1-13              (2)  delivered by a permitted distributor to a common
   1-14  or contract carrier, oceangoing vessel (including ship, tanker, or
   1-15  boat), or a barge for export from this state if the gasoline is
   1-16  moved forthwith outside the state;
   1-17              (3)  sold by a permitted distributor to another
   1-18  permitted distributor;
   1-19              (4)  sold to the federal government for its exclusive
   1-20  use;
   1-21              (5)  delivered by a permitted distributor into a
   1-22  storage facility of a permitted aviation fuel dealer from which
   1-23  gasoline will be delivered solely into the fuel supply tanks of
   1-24  aircraft or aircraft servicing equipment;
    2-1              (6)  sold by one aviation fuel dealer to another
    2-2  aviation fuel dealer who will deliver the aviation fuel exclusively
    2-3  into the fuel supply tanks of aircraft or aircraft servicing
    2-4  equipment; or
    2-5              (7)  sold to a political subdivision of <public school
    2-6  district in> this state for its exclusive use.
    2-7        SECTION 2.  Section 153.119(a), Tax Code, is amended to read
    2-8  as follows:
    2-9        (a)  A person who exports, sells to the federal government or
   2-10  to a political subdivision of <a public school district in> this
   2-11  state without having added the amount of the tax imposed by this
   2-12  chapter to his selling price, loses by fire or other accident, or
   2-13  uses gasoline for the purpose of operating or propelling a
   2-14  motorboat, tractor used for agricultural purposes, or stationary
   2-15  engine, or for another purpose except in a vehicle operated or
   2-16  intended to be operated on the public highways of this state, and
   2-17  who has paid the tax imposed on gasoline by this chapter either
   2-18  directly or indirectly is, when the person has complied with the
   2-19  invoice and filing provisions of this section and the rules of the
   2-20  comptroller, entitled to reimbursement of the tax paid by him, less
   2-21  a filing fee and any amount allowed distributors, wholesalers or
   2-22  jobbers, dealers, or others under Section 153.105(c) of this code.
   2-23  A political subdivision of this state <public school district> that
   2-24  has paid the tax imposed under this chapter on gasoline used by the
   2-25  political subdivision <district> is entitled to reimbursement of
   2-26  the amount of the tax paid in the same manner and subject to the
   2-27  same procedures as other exempted users.
    3-1        SECTION 3.  Section 153.203, Tax Code, is amended to read as
    3-2  follows:
    3-3        Sec. 153.203.  Exceptions.  The tax imposed by this
    3-4  subchapter does not apply to:
    3-5              (1)  diesel fuel delivered by a permitted supplier to a
    3-6  common or contract carrier, oceangoing vessel (including ship,
    3-7  tanker, or boat), or barge for export from this state, if the
    3-8  diesel fuel is moved forthwith outside this state;
    3-9              (2)  diesel fuel sold by a permitted supplier to the
   3-10  federal government for its exclusive use;
   3-11              (3)  diesel fuel sold or delivered by a permitted
   3-12  supplier to another permitted supplier or bonded user, to the bulk
   3-13  storage facility of a diesel tax prepaid user, or to a purchaser
   3-14  who provides a signed statement as provided by Section 153.205 of
   3-15  this code, but not including a delivery of tax-free diesel fuel
   3-16  into the fuel supply tanks of a motor vehicle, except for a motor
   3-17  vehicle owned by the federal government;
   3-18              (4)  diesel fuel sold or delivered by a permitted
   3-19  supplier into the storage facility of a permitted aviation fuel
   3-20  dealer, from which diesel fuel will be sold or delivered solely
   3-21  into the fuel supply tanks of aircraft or aircraft servicing
   3-22  equipment;
   3-23              (5)  diesel fuel sold or delivered by a permitted
   3-24  supplier into fuel supply tanks of railway engines, motorboats, or
   3-25  refrigeration units or other stationary equipment powered by a
   3-26  separate motor from a separate fuel supply tank;
   3-27              (6)  kerosene when delivered by a permitted supplier
    4-1  into a storage facility at a retail business from which all
    4-2  deliveries are exclusively for heating, cooking, lighting, or
    4-3  similar nonhighway use;
    4-4              (7)  diesel fuel sold or delivered by one aviation fuel
    4-5  dealer to another aviation fuel dealer who will deliver the diesel
    4-6  fuel exclusively into the supply tanks of aircraft or aircraft
    4-7  servicing equipment; or
    4-8              (8)  diesel fuel sold by a permitted supplier to a
    4-9  political subdivision of <public school district in> this state for
   4-10  its exclusive use.
   4-11        SECTION 4.  Section 153.222(a), Tax Code, is amended to read
   4-12  as follows:
   4-13        (a)  A dealer who has paid tax on diesel fuel that has been
   4-14  used or sold for use by the dealer for any purpose other than
   4-15  propelling a motor vehicle on the public highways of this state or
   4-16  that has been sold to the United States or to a political
   4-17  subdivision of <a public school district in> this state for the
   4-18  exclusive use of the purchaser without adding the amount of the tax
   4-19  to his selling price, and a user who has paid tax on any diesel
   4-20  fuel that has been used by him for a purpose other than propelling
   4-21  a motor vehicle on the public highways or who is a political
   4-22  subdivision of this state <public school district> and has paid the
   4-23  tax on diesel fuel purchased for its exclusive use may file a claim
   4-24  for a refund of taxes paid, less the deduction allowed vendors and
   4-25  a filing fee.
   4-26        SECTION 5.  Section 153.3021, Tax Code, is amended to read as
   4-27  follows:
    5-1        Sec. 153.3021.  POLITICAL SUBDIVISION <SCHOOL DISTRICT AND
    5-2  COUNTY> EXEMPTION.  (a)  The tax imposed by this subchapter does
    5-3  not apply to the sale of liquefied petroleum gas to a political
    5-4  subdivision of <public school district or county in> this state or
    5-5  to the use of liquefied petroleum gas by a political subdivision of
    5-6  <public school district or county in> this state.
    5-7        (b)  A motor vehicle that uses liquefied petroleum gas and
    5-8  that is operated by a political subdivision of <public school
    5-9  district or county in> this state is not required to have a
   5-10  liquefied gas tax decal or a special use liquefied gas tax decal.
   5-11        SECTION 6.  Sections 3(c) and (i), Chapter 88, General Laws,
   5-12  Acts of the 41st Legislature, 2nd Called Session, 1929 (Article
   5-13  6675a-3, Vernon's Texas Civil Statutes), are amended to read as
   5-14  follows:
   5-15        (c)  Owners of motor vehicles, trailers and semi-trailers
   5-16  which are the property of and used exclusively in the service of
   5-17  the United States Government, the State of Texas, or a political
   5-18  subdivision of this State <any county, city or school district
   5-19  thereof>, shall apply annually to the Department as provided in
   5-20  Section 3-aa of this Act to register all such vehicles, but shall
   5-21  not be required to pay the registration fees herein prescribed,
   5-22  provided that application is made at the time of registration by a
   5-23  person who has the proper authority to certify that such vehicles
   5-24  are the property of and used exclusively in the service of the
   5-25  United States Government, the State of Texas, or a political
   5-26  subdivision of this State <county, city or school district
   5-27  thereof>, as the case may be.  Owners of vehicles designed and used
    6-1  exclusively for fire fighting shall apply to the Department as
    6-2  provided in Section 3-aa of this Act to register all such vehicles,
    6-3  but shall not be required to pay the registration fees herein
    6-4  prescribed, provided that application is made at the time of
    6-5  registration by a person  who has the proper authority to certify
    6-6  that such vehicles are used exclusively for fire fighting; and
    6-7  provided further, that such person shall supply the Department with
    6-8  a reasonable description of the vehicle and the fire fighting
    6-9  equipment mounted thereon.  A vehicle owned by a volunteer fire
   6-10  department and used exclusively in the conduct of business of the
   6-11  department shall be registered without the payment of an annual
   6-12  registration fee, if the application for registration is
   6-13  accompanied by a statement that the vehicle is owned by, and used
   6-14  exclusively in the conduct of business of, the department and
   6-15  signed by a person with authority to act for the department, and if
   6-16  the application is approved as provided in Section 3-aa of this
   6-17  Act.  An owner of a land vehicle used exclusively in county marine
   6-18  law enforcement activities, which may include rescue operations,
   6-19  shall apply to the Department as provided in Section 3-aa of this
   6-20  Act to register the vehicle but is exempt from paying a
   6-21  registration fee.  The owner shall include with the application for
   6-22  registration a statement signed by a person with authority to act
   6-23  for a county sheriff's department that states that the vehicle is
   6-24  used exclusively in marine law enforcement activities under the
   6-25  direction of the department.  An exempted vehicle may be privately
   6-26  owned and operated by a volunteer if it is used only for marine law
   6-27  enforcement activities.
    7-1        (i)  An all-terrain vehicle owned by this State or a
    7-2  political subdivision of this State<, a county, or a municipality>
    7-3  and operated exclusively to maintain public safety and welfare of
    7-4  the residents of this State shall be registered without the payment
    7-5  of an annual registration fee.  The application for registration
    7-6  must be accompanied by a statement signed by an official with
    7-7  authority to affirm for the agency or political subdivision<,
    7-8  county, or municipality> and stating that the vehicle is used
    7-9  exclusively by the governmental entity to maintain public safety
   7-10  and welfare.  The application must be approved by the department as
   7-11  provided by Section 3aa of this Act.
   7-12        SECTION 7.  (a)  This Act takes effect September 1, 1993, and
   7-13  applies only to vehicle registrations and sales of gasoline, diesel
   7-14  fuel, and liquefied petroleum gas made on or after that date.
   7-15        (b)  If a political subdivision of this state has purchased
   7-16  gasoline, diesel fuel, or liquefied petroleum gas in bulk
   7-17  quantities before the effective date of this Act, paid the amount
   7-18  of the tax imposed by Chapter 153, Tax Code, and used the gasoline,
   7-19  diesel fuel, or liquefied petroleum gas after the effective date of
   7-20  this Act, the political subdivision may apply for and is entitled
   7-21  to receive a refund for the amount of the taxes paid only on the
   7-22  fuel so used after the effective date of this Act, subject to the
   7-23  same allowances, deductions, and filing fees applicable to refunds
   7-24  made for sales made after the effective date of this Act.
   7-25        (c)  A refund of the amount of tax paid on liquefied
   7-26  petroleum gas through the purchase of a liquefied gas tax decal
   7-27  shall be computed according to the method determined by the
    8-1  comptroller of public accounts that fairly and equitably allocates
    8-2  fuel use during the period of validity of the decal between use
    8-3  before the effective date of this Act and after the effective date
    8-4  of this Act.
    8-5        SECTION 8.  The importance of this legislation and the
    8-6  crowded condition of the calendars in both houses create an
    8-7  emergency and an imperative public necessity that the
    8-8  constitutional rule requiring bills to be read on three several
    8-9  days in each house be suspended, and this rule is hereby suspended,
   8-10  and that this Act take effect and be in force from and after its
   8-11  passage, and it is so enacted.