1-1  By:  Craddick (Senate Sponsor - Haley)                H.B. No. 1702
    1-2        (In the Senate - Received from the House April 13, 1993;
    1-3  April 14, 1993, read first time and referred to Committee on
    1-4  Finance; May 10, 1993, reported favorably by the following vote:
    1-5  Yeas 13, Nays 0; May 10, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Montford           x                               
    1-9        Turner             x                               
   1-10        Armbrister         x                               
   1-11        Barrientos         x                               
   1-12        Bivins             x                               
   1-13        Ellis              x                               
   1-14        Haley              x                               
   1-15        Moncrief           x                               
   1-16        Parker             x                               
   1-17        Ratliff            x                               
   1-18        Sims               x                               
   1-19        Truan              x                               
   1-20        Zaffirini          x                               
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to an exemption from motor fuel taxes and vehicle
   1-24  registration fees for certain providers of school transportation
   1-25  services.
   1-26        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-27        SECTION 1.  Section 153.104, Tax Code, is amended to read as
   1-28  follows:
   1-29        Sec. 153.104.  Exceptions.  The tax imposed by this
   1-30  subchapter does not apply to gasoline:
   1-31              (1)  brought into this state in the fuel tank of a
   1-32  vehicle with a capacity of less than 60  gallons when the tank is
   1-33  connected to the carburetor or fuel injection system of the power
   1-34  plant providing the propulsion of the vehicle;
   1-35              (2)  delivered by a permitted distributor to a common
   1-36  or contract carrier, oceangoing vessel (including ship, tanker, or
   1-37  boat), or a barge for export from this state if the gasoline is
   1-38  moved forthwith outside the state;
   1-39              (3)  sold by a permitted distributor to another
   1-40  permitted distributor;
   1-41              (4)  sold to the federal government for its exclusive
   1-42  use;
   1-43              (5)  delivered by a permitted distributor into a
   1-44  storage facility of a permitted aviation fuel dealer from which
   1-45  gasoline will be delivered solely into the fuel supply tanks of
   1-46  aircraft or aircraft servicing equipment;
   1-47              (6)  sold by one aviation fuel dealer to another
   1-48  aviation fuel dealer who will deliver the aviation fuel exclusively
   1-49  into the fuel supply tanks of aircraft or aircraft servicing
   1-50  equipment; <or>
   1-51              (7)  sold to a public school district in this state for
   1-52  its exclusive use; or
   1-53              (8)  sold to a commercial transportation company that
   1-54  provides public school transportation services to a school district
   1-55  under Section 21.181, Education Code, and used by the company
   1-56  exclusively to provide those services.
   1-57        SECTION 2.  Section 153.119(a), Tax Code, is amended to read
   1-58  as follows:
   1-59        (a)  A person who exports, sells to the federal government,
   1-60  to <or> a public school district in this state, or to a commercial
   1-61  transportation company for exclusive use in providing public school
   1-62  transportation services to a school district under Section 21.181,
   1-63  Education Code, without having added the amount of the tax imposed
   1-64  by this chapter to his selling price, loses by fire or other
   1-65  accident, or uses gasoline for the purpose of operating or
   1-66  propelling a motorboat, tractor used for agricultural purposes, or
   1-67  stationary engine, or for another purpose except in a vehicle
   1-68  operated or intended to be operated on the public highways of this
    2-1  state, and who has paid the tax imposed on gasoline by this chapter
    2-2  either directly or indirectly is, when the person has complied with
    2-3  the invoice and filing provisions of this section and the rules of
    2-4  the comptroller, entitled to reimbursement of the tax paid by him,
    2-5  less a filing fee and any amount allowed distributors, wholesalers
    2-6  or jobbers, dealers, or others under Section 153.105(c) of this
    2-7  code.  A public school district that has paid the tax imposed under
    2-8  this chapter on gasoline used by the district or a commercial
    2-9  transportation company that has paid the tax imposed under this
   2-10  chapter on gasoline used by the company exclusively to provide
   2-11  public school transportation services to a school district under
   2-12  Section 21.181, Education Code, is entitled to reimbursement of the
   2-13  amount of the tax paid in the same manner and subject to the same
   2-14  procedures as other exempted users.
   2-15        SECTION 3.  Section 153.203, Tax Code, is amended to read as
   2-16  follows:
   2-17        Sec. 153.203.  Exceptions.  The tax imposed by this
   2-18  subchapter does not apply to:
   2-19              (1)  diesel fuel delivered by a permitted supplier to a
   2-20  common or contract carrier, oceangoing vessel (including ship,
   2-21  tanker, or boat), or barge for export from this state, if the
   2-22  diesel fuel is moved forthwith outside this state;
   2-23              (2)  diesel fuel sold by a permitted supplier to the
   2-24  federal government for its exclusive use;
   2-25              (3)  diesel fuel sold or delivered by a permitted
   2-26  supplier to another permitted supplier or bonded user, to the bulk
   2-27  storage facility of a diesel tax prepaid user, or to a purchaser
   2-28  who provides a signed statement as provided by Section 153.205 of
   2-29  this code, but not including a delivery of tax-free diesel fuel
   2-30  into the fuel supply tanks of a motor vehicle, except for a motor
   2-31  vehicle owned by the federal government;
   2-32              (4)  diesel fuel sold or delivered by a permitted
   2-33  supplier into the storage facility of a permitted aviation fuel
   2-34  dealer, from which diesel fuel will be sold or delivered solely
   2-35  into the fuel supply tanks of aircraft or aircraft servicing
   2-36  equipment;
   2-37              (5)  diesel fuel sold or delivered by a permitted
   2-38  supplier into fuel supply tanks of railway engines, motorboats, or
   2-39  refrigeration units or other stationary equipment powered by a
   2-40  separate motor from a separate fuel supply tank;
   2-41              (6)  kerosene when delivered by a permitted supplier
   2-42  into a storage facility at a retail business from which all
   2-43  deliveries are exclusively for heating, cooking, lighting, or
   2-44  similar nonhighway use;
   2-45              (7)  diesel fuel sold or delivered by one aviation fuel
   2-46  dealer to another aviation fuel dealer who will deliver the diesel
   2-47  fuel exclusively into the supply tanks of aircraft or aircraft
   2-48  servicing equipment; <or>
   2-49              (8)  diesel fuel sold by a permitted supplier to a
   2-50  public school district in this state for its exclusive use; or
   2-51              (9)  diesel fuel sold by a permitted supplier to a
   2-52  commercial transportation company that provides public school
   2-53  transportation services to a school district under Section 21.181,
   2-54  Education Code, and used by the company exclusively to provide
   2-55  those services.
   2-56        SECTION 4.  Section 153.222(a), Tax Code, is amended to read
   2-57  as follows:
   2-58        (a)  A dealer who has paid tax on diesel fuel that has been
   2-59  used or sold for use by the dealer for any purpose other than
   2-60  propelling a motor vehicle on the public highways of this state or
   2-61  that has been sold to the United States or a public school district
   2-62  in this state for the exclusive use of the purchaser, or to a
   2-63  commercial transportation company for exclusive use in providing
   2-64  public school transportation services to a school district under
   2-65  Section 21.181, Education Code, without adding the amount of the
   2-66  tax to his selling price, and a user who has paid tax on any diesel
   2-67  fuel that has been used by him for a purpose other than propelling
   2-68  a motor vehicle on the public highways, <or who> is a public school
   2-69  district and has paid the tax on diesel fuel purchased for its
   2-70  exclusive use, or is a commercial transportation company and has
    3-1  paid the tax on diesel fuel used by the company exclusively to
    3-2  provide public school transportation services to a school district
    3-3  under Section 21.181, Education Code, may file a claim for a refund
    3-4  of taxes paid, less the deduction allowed vendors and a filing fee.
    3-5        SECTION 5.  Section 153.3021, Tax Code, is amended to read as
    3-6  follows:
    3-7        Sec. 153.3021.  SCHOOL DISTRICT TRANSPORTATION AND COUNTY
    3-8  EXEMPTION.  (a)  The tax imposed by this subchapter does not apply
    3-9  to the sale of liquefied petroleum gas to a public school district
   3-10  or county in this state or to the use of liquefied petroleum gas by
   3-11  a public school district or county in this state.
   3-12        <(b)>  A motor vehicle that uses liquefied petroleum gas and
   3-13  that is operated by a public school district or county in this
   3-14  state is not required to have a liquefied gas tax decal or a
   3-15  special use liquefied gas tax decal.
   3-16        (b)  The tax imposed by this subchapter does not apply to the
   3-17  sale of liquefied petroleum gas to a commercial transportation
   3-18  company that uses the gas exclusively to provide public school
   3-19  transportation services to a school district under Section 21.181,
   3-20  Education Code, or to the use of liquefied petroleum gas by such a
   3-21  company for that purpose.  A motor vehicle that uses liquefied
   3-22  petroleum gas and that is owned by a commercial transportation
   3-23  company and used exclusively to provide public school
   3-24  transportation services to a school district under Section 21.181,
   3-25  Education Code, is not required to have a liquefied gas tax decal
   3-26  or a special use liquefied gas tax decal.
   3-27        SECTION 6.  Section 3(c), Chapter 88, General Laws, Acts of
   3-28  the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-3,
   3-29  Vernon's Texas Civil Statutes), is amended to read as follows:
   3-30        (c)  Owners of motor vehicles, trailers and semi-trailers
   3-31  which are the property of and used exclusively in the service of
   3-32  the United States Government, the State of Texas, or  any county,
   3-33  city or school district thereof, or which are the property of a
   3-34  commercial transportation company and are used exclusively to
   3-35  provide public school transportation services to a school district
   3-36  under Section 21.181, Education Code, and its subsequent
   3-37  amendments, shall apply annually to the Department as provided in
   3-38  Section 3-aa of this Act to register all such vehicles, but shall
   3-39  not be required to pay the registration fees herein prescribed,
   3-40  provided that application is made at the time of registration by a
   3-41  person who has the proper authority to certify that such vehicles
   3-42  are the property of and used exclusively in the service of the
   3-43  United States Government, the State of Texas, or a county, city or
   3-44  school district thereof, or are the property of a commercial
   3-45  transportation company and are used exclusively to provide public
   3-46  school transportation services to a school district under Section
   3-47  21.181, Education Code, and its subsequent amendments, as the case
   3-48  may be.  Owners of vehicles designed and used exclusively for fire
   3-49  fighting shall apply to the Department as provided in Section 3-aa
   3-50  of this Act to register all such vehicles, but shall not be
   3-51  required to pay the registration fees herein prescribed, provided
   3-52  that application is made at the time of registration by a person
   3-53  who has the proper authority to certify that such vehicles are used
   3-54  exclusively for fire fighting; and provided further, that such
   3-55  person shall supply the Department with a reasonable description of
   3-56  the vehicle and the fire fighting equipment mounted thereon.  A
   3-57  vehicle owned by a volunteer fire department and used exclusively
   3-58  in the conduct of business of the department shall be registered
   3-59  without the payment of an annual registration fee, if the
   3-60  application for registration is accompanied by a statement that the
   3-61  vehicle is owned by, and used exclusively in the conduct of
   3-62  business of, the department and signed by a person with authority
   3-63  to act for the department, and if the application is approved as
   3-64  provided in Section 3-aa of this Act.  An owner of a land vehicle
   3-65  used exclusively in county marine law enforcement activities, which
   3-66  may include rescue operations, shall apply to the Department as
   3-67  provided in Section 3-aa of this Act to register the vehicle but is
   3-68  exempt from paying a registration fee.  The owner shall include
   3-69  with the application for registration a statement signed by a
   3-70  person with authority to act for a county sheriff's department that
    4-1  states that the vehicle is used exclusively in marine law
    4-2  enforcement activities under the direction of the department.  An
    4-3  exempted vehicle may be privately owned and operated by a volunteer
    4-4  if it is used only for marine law enforcement activities.
    4-5        SECTION 7.  (a)  This Act takes effect September 1, 1993, and
    4-6  applies only to vehicle registrations and sales of gasoline, diesel
    4-7  fuel, and liquefied petroleum gas made on or after that date.
    4-8        (b)  If a commercial transportation company has purchased
    4-9  gasoline, diesel fuel, or liquefied petroleum gas in bulk
   4-10  quantities before the effective date of this Act, paid the amount
   4-11  of the tax imposed by Chapter 153, Tax Code, and used the gasoline,
   4-12  diesel fuel, or liquefied petroleum gas to provide school
   4-13  transportation services to a school district after the effective
   4-14  date of this Act, the company may apply for a refund for the amount
   4-15  of the taxes paid only on the fuel so used after the effective date
   4-16  of this Act, subject to the same allowances, deductions, and filing
   4-17  fees applicable to refunds made for sales made after the effective
   4-18  date of this Act.
   4-19        (c)  A refund of the amount of tax paid on liquefied
   4-20  petroleum gas through the purchase of a liquefied gas tax decal
   4-21  shall be calculated according to the method determined by the
   4-22  comptroller of public accounts that fairly and equitably allocates
   4-23  fuel use during the period of validity of the decal between use
   4-24  before the effective date of this Act and after the effective date
   4-25  of this Act.
   4-26        SECTION 8.  The importance of this legislation and the
   4-27  crowded condition of the calendars in both houses create an
   4-28  emergency and an imperative public necessity that the
   4-29  constitutional rule requiring bills to be read on three several
   4-30  days in each house be suspended, and this rule is hereby suspended.
   4-31                               * * * * *
   4-32                                                         Austin,
   4-33  Texas
   4-34                                                         May 10, 1993
   4-35  Hon. Bob Bullock
   4-36  President of the Senate
   4-37  Sir:
   4-38  We, your Committee on Finance to which was referred H.B. No. 1702,
   4-39  have had the same under consideration, and I am instructed to
   4-40  report it back to the Senate with the recommendation that it do
   4-41  pass and be printed.
   4-42                                                         Montford,
   4-43  Chairman
   4-44                               * * * * *
   4-45                               WITNESSES
   4-46                                                  FOR   AGAINST  ON
   4-47  ___________________________________________________________________
   4-48  Name:  Olga Garza                                x
   4-49  Representing:  Texas Assn of School Boards
   4-50  City:  Austin
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   4-52  Name:  John R. Edney, Sr. Vice Pres.             x
   4-53  Representing:  Dunham Transportation
   4-54  City:  Austin
   4-55  -------------------------------------------------------------------
   4-56  Name:  Ed Howard                                 x
   4-57  Representing:  Tx Assn of Suburban Schools
   4-58  City:  Austin
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