By:  Greenberg                                        H.B. No. 1558
       73R5691 DAK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the motor fuel tax exemption for railroads and
    1-3  allocating revenue.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 153.203, Tax Code, is amended to read as
    1-6  follows:
    1-7        Sec. 153.203.  Exceptions.  The tax imposed by this
    1-8  subchapter does not apply to:
    1-9              (1)  diesel fuel delivered by a permitted supplier to a
   1-10  common or contract carrier, oceangoing vessel (including ship,
   1-11  tanker, or boat), or barge for export from this state, if the
   1-12  diesel fuel is moved forthwith outside this state;
   1-13              (2)  diesel fuel sold by a permitted supplier to the
   1-14  federal government for its exclusive use;
   1-15              (3)  diesel fuel sold or delivered by a permitted
   1-16  supplier to another permitted supplier or bonded user, to the bulk
   1-17  storage facility of a diesel tax prepaid user, or to a purchaser
   1-18  who provides a signed statement as provided by Section 153.205 of
   1-19  this code, but not including a delivery of tax-free diesel fuel
   1-20  into the fuel supply tanks of a motor vehicle, except for a motor
   1-21  vehicle owned by the federal government;
   1-22              (4)  diesel fuel sold or delivered by a permitted
   1-23  supplier into the storage facility of a permitted aviation fuel
   1-24  dealer, from which diesel fuel will be sold or delivered solely
    2-1  into the fuel supply tanks of aircraft or aircraft servicing
    2-2  equipment;
    2-3              (5)  diesel fuel sold or delivered by a permitted
    2-4  supplier into fuel supply tanks of <railway engines,> motorboats<,>
    2-5  or refrigeration units or other stationary equipment powered by a
    2-6  separate motor from a separate fuel supply tank;
    2-7              (6)  kerosene when delivered by a permitted supplier
    2-8  into a storage facility at a retail business from which all
    2-9  deliveries are exclusively for heating, cooking, lighting, or
   2-10  similar nonhighway use;
   2-11              (7)  diesel fuel sold or delivered by one aviation fuel
   2-12  dealer to another aviation fuel dealer who will deliver the diesel
   2-13  fuel exclusively into the supply tanks of aircraft or aircraft
   2-14  servicing equipment; or
   2-15              (8)  diesel fuel sold by a permitted supplier to a
   2-16  public school district in this state for its exclusive use.
   2-17        SECTION 2.  Section 153.504, Tax Code, is amended to read as
   2-18  follows:
   2-19        Sec. 153.504.  Allocation of Diesel Fuel Tax.  (a)  Except as
   2-20  provided by Subsection (b), on <On> or before the fifth workday
   2-21  after the end of each month, the comptroller, after making
   2-22  deductions for refund purposes, for the administration and
   2-23  enforcement of this chapter, and for the amounts allocated under
   2-24  Section 153.5025, shall allocate the remainder of the taxes
   2-25  collected under Subchapter C  as follows:
   2-26              (1)  one-fourth of the taxes shall be deposited to the
   2-27  credit of the available school fund; and
    3-1              (2)  three-fourths of the taxes shall be deposited to
    3-2  the credit of the state highway fund.
    3-3        (b)  On or before the fifth workday after the end of each
    3-4  month, the comptroller, after making deductions for refund purposes
    3-5  and the amounts allocated under Section 153.5025, shall deposit the
    3-6  remainder of the taxes collected from motor fuel used by railway
    3-7  engines to the credit of the general revenue fund.
    3-8        SECTION 3.  This Act takes effect September 1, 1993, and
    3-9  applies only to motor fuel sold on or after that date.
   3-10        SECTION 4.  The importance of this legislation and the
   3-11  crowded condition of the calendars in both houses create an
   3-12  emergency and an imperative public necessity that the
   3-13  constitutional rule requiring bills to be read on three several
   3-14  days in each house be suspended, and this rule is hereby suspended.