By:  Montford                                          S.B. No. 894
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the administration of motor fuel taxes; providing
    1-2  penalties.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 153.001, Tax Code, is amended to read as
    1-5  follows:
    1-6        Sec. 153.001.  Definitions.  In this chapter:
    1-7              (1)  "Aviation fuel dealer" means a person who:
    1-8                    (A)  is the operator of an aircraft servicing
    1-9  facility;
   1-10                    (B)  delivers gasoline or diesel fuel exclusively
   1-11  into the fuel supply tanks of aircraft or into equipment used
   1-12  solely for servicing aircraft and used exclusively off-highway; and
   1-13                    (C)  does not use, sell, or distribute gasoline
   1-14  or diesel fuel on which a fuel tax is required to be collected or
   1-15  paid to this state.
   1-16              (2)  "Bulk user" means a person who owns or leases a
   1-17  bulk storage tank and delivers or causes to be delivered from that
   1-18  storage tank gasoline or diesel fuel into the fuel supply tanks of
   1-19  motor vehicles or other equipment operated by him.
   1-20              (3)  "Cargo tank" means an assembly that is used for
   1-21  transporting, hauling, or delivering liquids and that consists of a
   1-22  tank having one or more compartments mounted on a wagon,
   1-23  automobile, truck, trailer, or wheels, and includes accessory
    2-1  piping, valves, and meters, but does not include a fuel supply tank
    2-2  connected to the carburetor or fuel injector of a motor vehicle.
    2-3              (4) <(3)>  "Dealer" means a person who is the operator
    2-4  of a service station or other retail outlet and who delivers motor
    2-5  fuel into the fuel supply tanks of motor vehicles or motorboats.
    2-6              (5) <(4)>  "Diesel fuel" means kerosene or another
    2-7  liquid, or a combination of liquids blended together, that is
    2-8  suitable for or used for the propulsion of diesel-powered motor
    2-9  vehicles.  The term includes products commonly referred to as
   2-10  kerosene, light cycle oil, number two fuel oil, distillate fuel,
   2-11  cutter stock, or heating oil, but does not include gasoline or
   2-12  liquefied gas.
   2-13              (6)  "Diesel fuel jobber" means a person who:
   2-14                    (A)  purchases tax-paid diesel fuel from
   2-15  permitted suppliers, other jobbers, or dealers; and
   2-16                    (B)  makes sales with the tax included to
   2-17  permitted suppliers, other jobbers, dealers, or bulk users.
   2-18              (7) <(5)>  "Diesel bulk delivery" means a delivery of a
   2-19  quantity of diesel fuel in excess of five gallons, but does not
   2-20  include a delivery into the fuel supply tanks of a motor vehicle.
   2-21              (8) <(6)>  "Diesel tax prepaid user" means a person:
   2-22                    (A)  whose purchases of diesel fuel are
   2-23  predominantly for nonhighway use;
   2-24                    (B)  whose only diesel-powered motor vehicles are
   2-25  passenger cars or light trucks; and
    3-1                    (C)  who elects to prepay an annual diesel fuel
    3-2  tax to the comptroller on each diesel-powered motor vehicle.
    3-3              (9) <(7)  "Diesel user" means a person who delivers, or
    3-4  causes to be delivered, diesel fuel into the fuel supply tanks of
    3-5  motor vehicles owned or operated by him.>
    3-6              <(8)>  "Distributor" means a person who:
    3-7                    (A)  regularly makes sales or distributions of
    3-8  gasoline that are not into the fuel supply tanks of motor vehicles,
    3-9  motorboats, or aircraft;
   3-10                    (B)  refines, distills, manufactures, produces,
   3-11  or blends for sale or distribution gasoline in this state;
   3-12                    (C)  imports or exports gasoline other than in
   3-13  the fuel supply tanks of motor vehicles; or
   3-14                    (D)  in any other manner acquires or possesses
   3-15  tax-free gasoline.
   3-16              (10) <(9)>  "Gasoline" means any liquid or combination
   3-17  of liquids blended together offered for sale, sold, or used as the
   3-18  fuel for a gasoline-powered engine.  The term includes blending
   3-19  agents, but excludes diesel fuel and liquefied gas.
   3-20              (11)  "Gasoline jobber" means a person who:
   3-21                    (A)  purchases tax-paid gasoline from permitted
   3-22  distributors, other jobbers, or dealers; and
   3-23                    (B)  makes sales with the tax included to
   3-24  permitted distributors, other jobbers, dealers, or bulk users.
   3-25              (12) <(10)>  "Interstate trucker" means a person who
    4-1  operates motor vehicles in this state, other states, or other
    4-2  countries for commercial purposes and:
    4-3                    (A)  the vehicle has two axles and a registered
    4-4  gross weight in excess of 26,000 pounds;
    4-5                    (B)  the vehicle has three or more axles
    4-6  regardless of weight; or
    4-7                    (C)  the vehicle is used in combination when the
    4-8  weight of such combination exceeds 26,000 pounds registered gross
    4-9  weight <imports motor fuel in the fuel supply tanks of a motor
   4-10  vehicle having an aggregate fuel tank capacity of 60 or more
   4-11  gallons, operated for commercial purposes, for taxable use on the
   4-12  public highways of this state, but who does not sell or distribute
   4-13  motor fuel to other persons within this state, except as provided
   4-14  in Subchapter D of this chapter>.
   4-15              (13) <(11)>  "Lessor" means a person:
   4-16                    (A)  whose principal business is the leasing or
   4-17  renting of motor vehicles for compensation to the general public;
   4-18                    (B)  who maintains established places of
   4-19  business; and
   4-20                    (C)  whose lease or rental contracts require the
   4-21  motor vehicles to be returned to the established places of business
   4-22  at the termination of the lease.
   4-23              (14) <(12)>  "Light truck" means a pickup truck, panel
   4-24  delivery truck, carryall truck, or other motor vehicle that is
   4-25  designed, used, or maintained primarily for the transportation of
    5-1  property and that has a manufacturer's rated carrying capacity not
    5-2  exceeding 2,000 pounds.
    5-3              (15) <(13)>  "Liquefied gas" means all combustible
    5-4  gases that exist in the gaseous state at 60 degrees Fahrenheit and
    5-5  at a pressure of 14.7 pounds per square inch absolute, but does not
    5-6  include gasoline or diesel fuel.
    5-7              (16) <(14)>  "Liquefied gas tax decal user" means a
    5-8  person who owns or operates on the public highways of this state a
    5-9  motor vehicle:
   5-10                    (A)  equipped with a liquefied gas carburetion
   5-11  system;
   5-12                    (B)  required to be licensed by the State
   5-13  Department of Highways and Public Transportation; and
   5-14                    (C)  required to have a Texas certificate of
   5-15  inspection.
   5-16              (17) <(15)>  "Motorboat" means a vessel propelled by
   5-17  machinery, whether or not the machinery is the principal source of
   5-18  propulsion.
   5-19              (18) <(16)>  "Motor fuel" includes gasoline, diesel
   5-20  fuel, liquefied gas, and other products that are usable as
   5-21  propellants of a motor vehicle.
   5-22              (19) <(17)>  "Motor vehicle" means a self-propelled
   5-23  vehicle licensed for highway use or used on the highway.
   5-24              (20) <(18)>  "Passenger car" means a motor vehicle
   5-25  designed for carrying 10 or fewer passengers and used for the
    6-1  transportation of persons.
    6-2              (21) <(19)>  "Public highway" means a way or place of
    6-3  whatever nature open to the use of the public as a matter of right
    6-4  for the purpose of vehicular travel, even if the way or place is
    6-5  temporarily closed for the purpose of construction, maintenance, or
    6-6  repair.
    6-7              (22) <(20)>  "Registered gross weight" or "RGW" means
    6-8  the total weight of the vehicle and carrying capacity shown on the
    6-9  registration certificate issued by the State Department of Highways
   6-10  and Public Transportation.
   6-11              (23) <(21)>  "Sale" means a transfer of title,
   6-12  exchange, or barter of motor fuel, but does not include transfer of
   6-13  possession of motor fuel on consignment.
   6-14              (24) <(22)>  "Supplier" means a person who:
   6-15                    (A)  refines, distills, manufactures, produces,
   6-16  or blends for sale or distribution diesel fuel in this state;
   6-17                    (B)  imports or exports diesel fuel other than in
   6-18  the fuel supply tanks of motor vehicles;
   6-19                    (C)  sells or delivers diesel fuel in bulk
   6-20  quantities to dealers, users, aviation fuel dealers, or other
   6-21  suppliers; or
   6-22                    (D)  is engaged in the business of selling or
   6-23  delivering diesel fuel in bulk quantities to consumers for
   6-24  nonhighway uses.
   6-25              (25) <(23)>  "Transit company" means a business that:
    7-1                    (A)  transports in a political subdivision
    7-2  persons in carriers designed for 12 or more passengers;
    7-3                    (B)  holds a franchise from a political
    7-4  subdivision; and
    7-5                    (C)  has its rates regulated by the subdivision
    7-6  or is owned or operated by the political subdivision.
    7-7              (26)  "User" means a person who delivers, or causes to
    7-8  be delivered, gasoline or diesel fuel into the fuel supply tanks of
    7-9  motor vehicles owned or operated by him.
   7-10        SECTION 2.  Subsection (d), Section 153.004, Tax Code, is
   7-11  amended to read as follows:
   7-12        (d)  Each person, other than a common carrier transporting
   7-13  motor fuel under this chapter, shall also carry a copy of the
   7-14  supplier, distributor, jobber, or user permit, or proof of tax
   7-15  payment on the motor fuel being transported, unless the person is
   7-16  an end user transporting the person's own motor fuel purchased
   7-17  under a signed statement as provided by Section 153.205.
   7-18        SECTION 3.  Section 153.008, Tax Code, is amended to read as
   7-19  follows:
   7-20        Sec. 153.008.  INSPECTION OF PREMISES AND RECORDS.  For the
   7-21  purpose of determining the amount of tax collected and payable to
   7-22  the state, the amount of tax accruing and due, and whether a tax
   7-23  liability has been incurred under this chapter, the comptroller
   7-24  may:
   7-25              (1)  inspect any premises where motor fuel; crude
    8-1  petroleum; natural gas; derivatives or condensates of crude
    8-2  petroleum, natural gas, or their products; methyl alcohol; ethyl
    8-3  alcohol; or other blending agents are produced, made, prepared,
    8-4  stored, transported, sold, or offered for sale or exchange;
    8-5              (2)  examine the books and records required to be kept
    8-6  and records incident to the business of any distributor, supplier,
    8-7  dealer, jobber, or any person receiving or possessing, delivering,
    8-8  or selling motor fuel, crude oil, derivatives or condensates of
    8-9  crude petroleum, natural gas, or their products, or any blending
   8-10  agents;
   8-11              (3)  examine and either gauge or measure the contents
   8-12  of all storage tanks, containers, and other property or equipment;
   8-13  and
   8-14              (4)  take samples of any and all of these products
   8-15  stored on the premises.
   8-16        SECTION 4.  Section 153.010, Tax Code, is amended to read as
   8-17  follows:
   8-18        Sec. 153.010.  Authority to Stop and Examine.  In order to
   8-19  enforce the provisions of this chapter, the comptroller or a peace
   8-20  officer may stop a motor vehicle that appears to be operating with
   8-21  or transporting motor fuel in order to examine the cargo manifest
   8-22  or invoices required to be carried, examine a permit or copy of a
   8-23  permit that may be required to be carried, take samples from the
   8-24  fuel supply or cargo tanks, and make any other investigation that
   8-25  could reasonably be made to determine whether the taxes have been
    9-1  paid or accounted for by a distributor, supplier, dealer, user,
    9-2  jobber, or any person required to be so permitted.
    9-3        SECTION 5.  Subsection (a), Section 153.013, Tax Code, is
    9-4  amended to read as follows:
    9-5        (a)  A distributor, supplier, dealer, interstate trucker,
    9-6  jobber, or user who fails to keep a record, issue an invoice, or
    9-7  file a report required by this chapter, is presumed to have sold or
    9-8  used for taxable purposes all motor fuel shown by an audit by the
    9-9  comptroller to have been sold to the distributor, supplier, dealer,
   9-10  interstate trucker, jobber, or user.  Motor fuel unaccounted for is
   9-11  presumed to have been sold or used for taxable purposes.  The
   9-12  comptroller may fix or establish the amount of taxes, penalties,
   9-13  and interest due the state from the records of deliveries or from
   9-14  any records or information available to him.  If a tax claim, as
   9-15  developed from this procedure, is not paid, after the opportunity
   9-16  to request a redetermination, the claim and any audit made by the
   9-17  comptroller or any report filed by the distributor, supplier,
   9-18  dealer, interstate trucker, jobber, or user, are evidence in any
   9-19  suit or judicial proceedings filed by the attorney general, and are
   9-20  prima facie evidence of the correctness of the claim or audit.  A
   9-21  prima facie presumption of the correctness of the claim may be
   9-22  overcome at the trial by evidence adduced by the distributor,
   9-23  supplier, dealer, interstate trucker, jobber, or user.
   9-24        SECTION 6.  Section 153.016, Tax Code, is amended to read as
   9-25  follows:
   10-1        Sec. 153.016.  Additional Tax Applies to Dealer AND JOBBER
   10-2  INVENTORIES.  (a)  On the effective date of an increase in the
   10-3  rates of the taxes imposed by this chapter, a dealer or jobber that
   10-4  possesses for the purpose of sale 2,000 or more gallons of gasoline
   10-5  or diesel fuel at each business location on which the taxes imposed
   10-6  by this chapter at a previous rate have been paid shall report to
   10-7  the comptroller the volume of that gasoline and diesel fuel, and at
   10-8  the time of the report shall pay a tax on that gasoline and diesel
   10-9  fuel at a rate equal to the rate of the tax increase.
  10-10        (b)  On the effective date of a reduction of the rates of
  10-11  taxes imposed by this chapter, a dealer or jobber that possesses
  10-12  for the purpose of sale 2,000 or more gallons of gasoline or diesel
  10-13  fuel at each business location on which the taxes imposed by this
  10-14  chapter at the previous rate have been paid becomes entitled to a
  10-15  refund in an amount equal to the difference in the amount of taxes
  10-16  paid on that gasoline or diesel fuel at the previous rate and at
  10-17  the rate in effect on the effective date of the reduction in the
  10-18  tax rates.  The rules of the comptroller shall provide for the
  10-19  method of claiming a refund under this chapter and may require that
  10-20  the refund be paid through the distributor or supplier from whom
  10-21  the dealer or jobber received the fuel.
  10-22        SECTION 7.  Section 153.104, Tax Code, is amended to read as
  10-23  follows:
  10-24        Sec. 153.104.  Exceptions.  The tax imposed by this
  10-25  subchapter does not apply to gasoline:
   11-1              (1)  brought into this state in the fuel supply tank of
   11-2  a motor vehicle operated by persons not required to be permitted as
   11-3  an interstate trucker <with a capacity of less than 60 gallons when
   11-4  the tank is connected to the carburetor or fuel injection system of
   11-5  the power plant providing the propulsion of the vehicle>;
   11-6              (2)  delivered by a permitted distributor to a common
   11-7  or contract carrier, oceangoing vessel (including ship, tanker, or
   11-8  boat), or a barge for export from this state if the gasoline is
   11-9  moved forthwith outside the state;
  11-10              (3)  sold by a permitted distributor to another
  11-11  permitted distributor;
  11-12              (4)  sold to the federal government for its exclusive
  11-13  use;
  11-14              (5)  delivered by a permitted distributor into a
  11-15  storage facility of a permitted aviation fuel dealer from which
  11-16  gasoline will be delivered solely into the fuel supply tanks of
  11-17  aircraft or aircraft servicing equipment;
  11-18              (6)  sold by one aviation fuel dealer to another
  11-19  aviation fuel dealer who will deliver the aviation fuel exclusively
  11-20  into the fuel supply tanks of aircraft or aircraft servicing
  11-21  equipment; or
  11-22              (7)  sold to a public school district in this state for
  11-23  its exclusive use.
  11-24        SECTION 8.  Subsection (a), Section 153.106, Tax Code, is
  11-25  amended to read as follows:
   12-1        (a)  A distributor, interstate trucker, jobber, or aviation
   12-2  fuel dealer shall file an application with the comptroller for one
   12-3  of the nonassignable permits provided for in this subchapter.
   12-4        SECTION 9.  Subchapter B, Chapter 153, Tax Code, is amended
   12-5  by adding Section 153.1071 to read as follows:
   12-6        Sec. 153.1071.  JOBBER'S PERMIT.  A person performing the
   12-7  functions of a jobber shall obtain a jobber's permit.
   12-8        SECTION 10.  Section 153.112, Tax Code, is amended by adding
   12-9  Subsection (e) to read as follows:
  12-10        (e)  A jobber's permit is permanent and is valid so long as
  12-11  the permittee has in force and effect the required bond or security
  12-12  or until the permit is surrendered by the holder or canceled by the
  12-13  comptroller.
  12-14        SECTION 11.  Section 153.108, Tax Code, is amended to read as
  12-15  follows:
  12-16        Sec. 153.108.  INTERSTATE TRUCKER'S PERMIT.  An interstate
  12-17  trucker's permit authorizes a person who imports gasoline into
  12-18  Texas in the fuel supply tanks of motor vehicles operated for
  12-19  commercial purposes and qualified by weight or number of axles
  12-20  <having an aggregate capacity of 60 or more gallons> to report and
  12-21  pay the tax due on the gasoline imported into this state or to
  12-22  claim a credit or refund of the tax paid on gasoline purchased in
  12-23  Texas and used in other states.
  12-24        SECTION 12.  Section 153.109, Tax Code, is amended to read as
  12-25  follows:
   13-1        Sec. 153.109.  TRIP PERMITS.  (a)  In lieu of an annual
   13-2  interstate trucker's permit, a person bringing a motor vehicle into
   13-3  this state for commercial purposes and qualified by weight or
   13-4  number of axles <with fuel supply tanks having an aggregate
   13-5  capacity of 60 or more gallons> may obtain a trip permit.  The trip
   13-6  permit must be obtained prior to entry into the state or at the
   13-7  time of entry.
   13-8        (b)  No more than five trip permits for each person may be
   13-9  issued during a calendar year.
  13-10        (c)  A fee for each trip permit shall be collected from the
  13-11  applicant and shall be in the amount of $50 for each vehicle for
  13-12  each trip <an amount equivalent to the tax payable on the quantity
  13-13  of gasoline that could be imported in the fuel supply tanks of the
  13-14  motor vehicle, but not less than $5>.
  13-15        (d)  No reports are required with respect to the vehicle.
  13-16        (e)  Operating a motor vehicle without a valid interstate
  13-17  trucker's or trip permit may subject the operator to a penalty
  13-18  under Section 153.402 of this code.
  13-19        SECTION 13.  Section 153.111, Tax Code, is amended to read as
  13-20  follows:
  13-21        Sec. 153.111.  DISTRIBUTOR MAY PERFORM OTHER FUNCTIONS.  A
  13-22  distributor may operate under the distributor's permit as <an
  13-23  interstate trucker or> an aviation fuel dealer without securing a
  13-24  separate permit, but is subject to all other conditions,
  13-25  requirements, and liabilities imposed on those permittees.
   14-1        SECTION 14.  Section 153.114, Tax Code, is amended to read as
   14-2  follows:
   14-3        Sec. 153.114.  LIST OF DISTRIBUTORS, <AND> AVIATION FUEL
   14-4  DEALERS, AND JOBBERS.  The comptroller, on or before December 20 of
   14-5  each year, shall mail or distribute to all permitted distributors a
   14-6  printed alphabetical list of permitted distributors, <and> aviation
   14-7  fuel dealers, and jobbers <who are qualified to purchase gasoline
   14-8  tax free during the ensuing calendar year>.  Distributors and
   14-9  aviation fuel dealers on the list are qualified to purchase
  14-10  gasoline tax free during the ensuing calendar year.  Jobbers are
  14-11  qualified to purchase gasoline tax-paid during the ensuing calendar
  14-12  year.  A supplemental list of additions and deletions shall be
  14-13  delivered to the distributors each month.  A current and effective
  14-14  permit or the list furnished by the comptroller is evidence of the
  14-15  validity of the permit until the comptroller notifies distributors
  14-16  of a change in the status of a permit holder.
  14-17        SECTION 15.  Section 153.115, Tax Code, is amended to read as
  14-18  follows:
  14-19        Sec. 153.115.  Tax Payments by an Interstate Trucker;
  14-20  Allowance.  (a)  An interstate trucker who imports gasoline into
  14-21  Texas in the fuel supply tanks of motor vehicles operated for
  14-22  commercial purposes and qualified by weight or number of axles
  14-23  <having an aggregate capacity of 60 or more gallons for each
  14-24  vehicle> shall report and pay the tax at the imposed rate on
  14-25  gasoline that is imported and used on Texas highways.  The number
   15-1  of gallons of gasoline used on Texas highways shall be computed by
   15-2  dividing the total miles traveled in all states by the total number
   15-3  of gallons of gasoline delivered into the fuel supply tanks of
   15-4  motor vehicles in all states.  The mileage factor obtained shall be
   15-5  divided into the total Texas miles traveled in order to determine
   15-6  the number of gallons of gasoline used in Texas.
   15-7        (b)  An interstate trucker shall remit all taxes due by him
   15-8  based on the applicable tax rate for each gallon on gasoline
   15-9  consumed within the state at the time of the filing of his
  15-10  quarterly reports.
  15-11        (c)  A permitted interstate trucker is entitled to deduct
  15-12  one-half of one percent of the taxable gallons of gasoline on
  15-13  payment of the taxes to the state for the expense of recordkeeping,
  15-14  reporting, and remitting the tax.
  15-15        SECTION 16.  Subsections (a), (b), and (c), Section 153.116,
  15-16  Tax Code, are amended to read as follows:
  15-17        (a)  The comptroller shall determine the amount of security
  15-18  required of a distributor or a jobber taking into consideration the
  15-19  amount of tax that has or is expected to become due from the
  15-20  person, any past history of the person as a distributor or a
  15-21  jobber, and the necessity to protect the state against the failure
  15-22  to pay the tax as it becomes due.
  15-23        (b)  If it is determined that the posting of security is
  15-24  necessary to protect the state, the comptroller may require a
  15-25  distributor or a jobber to post a <surety> bond <equal to two times
   16-1  the highest tax that could accrue on tax-free gasoline purchased or
   16-2  acquired during a reporting period>.  A distributor shall post a
   16-3  bond equal to two times the highest tax that could accrue on
   16-4  tax-free gasoline purchased or acquired during a reporting period.
   16-5  A jobber shall post a bond in an amount determined by the
   16-6  comptroller based upon the past tax payment history of the person.
   16-7  The minimum bond is $30,000.  The maximum bond is $600,000 unless
   16-8  the comptroller believes there is undue risk of loss of tax
   16-9  revenues, in which event he may require one or more bonds or
  16-10  securities in a total amount exceeding $600,000.
  16-11        (c)  A distributor or a jobber who has filed a bond or other
  16-12  security under this subchapter is exempted from the bond or other
  16-13  security requirements of this subchapter and is entitled, on
  16-14  request, to have the comptroller return, refund, or release the
  16-15  bond or security if in the judgment of the comptroller the person
  16-16  has for four consecutive years continuously complied with the
  16-17  conditions of the bond or other security filed under this
  16-18  subchapter.  However, if the comptroller determines that the
  16-19  revenues of the state would be jeopardized by the return, refund,
  16-20  or release of the bond or security, the comptroller may elect not
  16-21  to return, refund, or release the bond or security, and may
  16-22  reimpose a requirement of a bond or other security as the
  16-23  comptroller determines necessary to protect the revenues of the
  16-24  state.
  16-25        SECTION 17.  Section 153.117, Tax Code, is amended to read as
   17-1  follows:
   17-2        Sec. 153.117.  Records.  (a)  A distributor shall keep a
   17-3  record showing the number of gallons of:
   17-4              (1)  all gasoline inventories on hand at the first of
   17-5  each month;
   17-6              (2)  all gasoline refined, compounded, or blended;
   17-7              (3)  all gasoline purchased or received, showing the
   17-8  name of the seller and date of each purchase or receipt;
   17-9              (4)  all gasoline sold, distributed, or used, showing
  17-10  the name of the purchaser and the date of the sale or use; and
  17-11              (5)  all gasoline lost by fire or other accident.
  17-12        (b)  A dealer shall keep a record showing the number of
  17-13  gallons of:
  17-14              (1)  gasoline inventories on hand at the first of each
  17-15  month;
  17-16              (2)  all gasoline purchased or received, showing the
  17-17  name of the seller and the date of each purchase or receipt;
  17-18              (3)  all gasoline sold or used, showing the date of the
  17-19  sale or use; and
  17-20              (4)  all gasoline lost by fire or other accident.
  17-21        (c)  An interstate trucker shall keep a record of:
  17-22              (1)  the total miles traveled in all states by all
  17-23  vehicles traveling into or from Texas and the total quantity of
  17-24  gasoline consumed in those vehicles; and
  17-25              (2)  the total miles traveled in Texas and the total
   18-1  quantity of gasoline purchased and delivered into the fuel supply
   18-2  tanks of motor vehicles in Texas.
   18-3        (d)  An aviation fuel dealer shall keep a record showing the
   18-4  number of gallons of:
   18-5              (1)  all gasoline inventories on hand at the first of
   18-6  each month;
   18-7              (2)  all gasoline purchased or received, showing the
   18-8  name of the seller and date of each purchase or receipt;
   18-9              (3)  all gasoline sold or used in aircraft or aircraft
  18-10  servicing equipment; and
  18-11              (4)  all gasoline lost by fire or other accident.
  18-12        (e)  The records of an aviation fuel dealer made under
  18-13  Subsection (d)(3) of this section must show:
  18-14              (1)  the name of the purchaser or user of gasoline;
  18-15              (2)  the date of the sale or use of gasoline; and
  18-16              (3)  the registration or "N" number of the airplane or
  18-17  a description or number of the aircraft or a description or number
  18-18  of the aircraft servicing equipment in which gasoline is used.
  18-19        (f)  A jobber shall keep a record showing the number of
  18-20  gallons of:
  18-21              (1)  all gasoline inventories on hand at the first of
  18-22  each month;
  18-23              (2)  all gasoline purchased or received, showing the
  18-24  name of the seller and date of each purchase or receipt;
  18-25              (3)  all gasoline sold, distributed, or used, showing
   19-1  the name of the purchaser and the date of the sale or use; and
   19-2              (4)  all gasoline lost by fire or other accident.
   19-3        (g)  The comptroller may require selective schedules from a
   19-4  distributor, dealer, aviation fuel dealer, interstate trucker,
   19-5  jobber, or common or contract carrier for any purchases, sales, or
   19-6  deliveries of gasoline when the schedules are not inconsistent with
   19-7  the requirements of this chapter.
   19-8        (h) <(g)>  The records required must be kept for four years
   19-9  and are open to inspection at all times by the comptroller and the
  19-10  attorney general.
  19-11        SECTION 18.  Section 153.118, Tax Code, is amended to read as
  19-12  follows:
  19-13        Sec. 153.118.  Reports and Payments.  (a)  On or before the
  19-14  25th day of each month, a distributor shall file all reports and
  19-15  supplements as required by the comptroller, and remit the amount of
  19-16  tax required to be collected during the preceding month.  The
  19-17  report shall be executed by the distributor or his representative
  19-18  and shall be filed with the comptroller on a form provided or
  19-19  approved by the comptroller, containing complete and detailed
  19-20  information not inconsistent with the requirements of this chapter
  19-21  of gasoline transactions.  A distributor required to file a report
  19-22  under this section who has not sold or used any gasoline during the
  19-23  reporting period shall file with the comptroller the report setting
  19-24  forth the facts or information.  The failure of a distributor to
  19-25  obtain forms from the comptroller is no excuse for the failure to
   20-1  file a report containing all the information required to be
   20-2  reported.
   20-3        (b)  On or before the 25th day of the month following the end
   20-4  of each calendar quarter, an interstate trucker shall file a report
   20-5  and remit the amount of tax due.  The report shall be properly
   20-6  executed and filed with the comptroller and must contain complete
   20-7  and detailed information as the comptroller may require on forms
   20-8  provided for that purpose.  An interstate trucker who has not used
   20-9  any gasoline during the reporting period shall file with the
  20-10  comptroller the report setting forth the facts or information.  The
  20-11  failure of an interstate trucker to obtain forms from the
  20-12  comptroller is no excuse for the failure to file a report
  20-13  containing all the information required to be reported.
  20-14        (c)  An interstate trucker who maintains all fuel records in
  20-15  Texas and all or substantially all of whose highway use is made
  20-16  with gasoline purchased within this state with the tax paid may be
  20-17  exempted from the quarterly reporting requirements under an annual
  20-18  affidavit to the comptroller attesting to the intrastate, or
  20-19  substantial intrastate, tax-paid purchases of gasoline.
  20-20        (d)  An aviation fuel dealer is not required to file a report
  20-21  with the comptroller.
  20-22        (e)  A jobber is not required to file a report with the
  20-23  comptroller.
  20-24        (f)  On or before August 15th of each odd-numbered calendar
  20-25  year each person required to pay a tax under this section must
   21-1  remit a reasonable estimate of the tax liability for gasoline which
   21-2  was required to be collected during the preceding month.  A
   21-3  reasonable estimate must be at least an amount equal to the tax due
   21-4  on July 25th for gasoline tax owing in June.
   21-5        SECTION 19.  Subsection (d), Section 153.206, Tax Code, is
   21-6  amended to read as follows:
   21-7        (d)  An interstate trucker who imports diesel fuel into Texas
   21-8  in the fuel supply tanks of a motor vehicle operated for commercial
   21-9  purposes and qualified by weight or number of axles <having an
  21-10  aggregate capacity of 60 or more gallons for each vehicle> shall
  21-11  report and pay the tax at the rate imposed on diesel fuel that is
  21-12  imported and used on Texas highways.  The number of gallons of
  21-13  diesel fuel used on Texas highways shall be computed by dividing
  21-14  the total miles traveled in all states by the total number of
  21-15  gallons of diesel fuel delivered into the fuel supply tanks of
  21-16  motor vehicles in all states.  The mileage factor obtained shall be
  21-17  divided into the total Texas miles traveled in order to determine
  21-18  the number of gallons of diesel fuel used in Texas.  An interstate
  21-19  trucker shall remit all taxes due by him based on the diesel fuel
  21-20  tax rate for each gallon on diesel fuel consumed within the state
  21-21  at the time of the filing of the quarterly report.
  21-22        SECTION 20.  Subsection (a), Section 153.207, Tax Code, is
  21-23  amended to read as follows:
  21-24        (a)  A supplier, bonded user, interstate trucker, diesel tax
  21-25  prepaid user, <or> aviation fuel dealer, or jobber shall file an
   22-1  application with the comptroller for one of the nonassignable
   22-2  permits provided for in this subchapter.
   22-3        SECTION 21.  Subchapter C, Chapter 153, Tax Code, is amended
   22-4  by adding Section 153.2081 to read as follows:
   22-5        Sec. 153.2081.  JOBBER'S PERMIT.  A person performing the
   22-6  functions of a jobber shall obtain a jobber's permit.
   22-7        SECTION 22.  Section 153.211, Tax Code, is amended to read as
   22-8  follows:
   22-9        Sec. 153.211.  Interstate Trucker's Permit.  An interstate
  22-10  trucker's permit authorizes a person who imports diesel fuel into
  22-11  the state in the fuel supply tanks of motor vehicles operated for
  22-12  commercial purposes and qualified by weight or number of axles
  22-13  <having an aggregate capacity of 60 or more gallons for each
  22-14  vehicle> to report and pay the tax due on diesel fuel imported into
  22-15  this state or to claim a credit or a refund of the tax paid on
  22-16  diesel fuel purchased in this state and then used in other states.
  22-17  An interstate trucker may not make tax-free purchases of diesel
  22-18  fuel.
  22-19        SECTION 23.  Section 153.212, Tax Code, is amended to read as
  22-20  follows:
  22-21        Sec. 153.212.  Trip Permits.  (a)  In lieu of an annual
  22-22  interstate trucker's permit, a person bringing motor vehicles into
  22-23  this state for commercial purposes and qualified by weight or
  22-24  number of axles <with fuel supply tanks having an aggregate
  22-25  capacity of 60 or more gallons for each vehicle> may obtain a trip
   23-1  permit.  The trip permit must be obtained prior to entry into the
   23-2  state or at the time of entry.
   23-3        (b)  <The trip permit must be obtained before entry into the
   23-4  state or at the time of entry.>  No more than five trip permits may
   23-5  be issued during a calendar year to a person operating interstate.
   23-6        (c)  A fee for each trip permit shall be collected from the
   23-7  applicant and be in the amount of $50 for each vehicle for each
   23-8  trip.
   23-9        (d)  No reports are required with respect to the vehicle.
  23-10        (e)  Operating a motor vehicle without a valid interstate
  23-11  trucker's or trip permit may subject the operator to a penalty
  23-12  under Section 153.402 of this code.  <The fee is an amount equal to
  23-13  the tax payable on the quantity of diesel fuel that could be
  23-14  imported in the fuel supply tanks of the motor vehicle, but not
  23-15  less than $5.>
  23-16        SECTION 24.  Section 153.214, Tax Code, is amended to read as
  23-17  follows:
  23-18        Sec. 153.214.  Supplier May Perform Other Functions.  A
  23-19  supplier may operate under the supplier's permit as a user, dealer,
  23-20  <interstate trucker,> or aviation fuel dealer without securing a
  23-21  separate permit, but is subject to all other conditions,
  23-22  requirements, and liabilities imposed on those permittees.
  23-23        SECTION 25.  Subchapter C, Chapter 153, Tax Code, is amended
  23-24  by adding Section 153.2141 to read as follows:
  23-25        Sec. 153.2141.  JOBBER MAY PERFORM OTHER FUNCTIONS.  A jobber
   24-1  may operate under the jobber's permit as a nonpermitted user or
   24-2  dealer but is subject to all other conditions, requirements, and
   24-3  liabilities imposed on nonpermitted users and dealers.
   24-4        SECTION 26.  Section 153.215, Tax Code, is amended by adding
   24-5  Subsection (f) to read as follows:
   24-6        (f)  A jobber's permit is permanent and is valid so long as
   24-7  the permittee has in force and effect the required bond or security
   24-8  or until the permit is surrendered by the holder or canceled by the
   24-9  comptroller.
  24-10        SECTION 27.  Section 153.217, Tax Code, is amended to read as
  24-11  follows:
  24-12        Sec. 153.217.  LIST OF SUPPLIERS, BONDED USERS, <AND>
  24-13  AVIATION FUEL DEALERS, AND JOBBERS.  (a)  The comptroller, on or
  24-14  before December 20 of each calendar year, shall mail or distribute
  24-15  to each supplier a printed alphabetical list of permitted
  24-16  suppliers, bonded users, <and> aviation fuel dealers, and jobbers
  24-17  <who are qualified to purchase diesel fuel tax free during the
  24-18  ensuing calendar year>.  Permitted suppliers, bonded users, and
  24-19  aviation fuel dealers printed on the list are qualified to purchase
  24-20  diesel fuel tax free during the ensuing calendar year.  Jobbers are
  24-21  qualified to purchase diesel fuel tax-paid during the ensuing
  24-22  calendar year.  A supplemental list of additions and deletions
  24-23  shall be delivered to each supplier each month.
  24-24        (b)  The comptroller, on or before January 31 of each
  24-25  calendar year, shall mail or distribute to each supplier a printed
   25-1  alphabetical list of diesel tax prepaid user permittees who are
   25-2  qualified to purchase diesel fuel tax free during the ensuing
   25-3  calendar year.  A supplemental list of additions and deletions
   25-4  shall be delivered to each supplier each month.
   25-5        SECTION 28.  Subsections (a), (b), and (c), Section 153.218,
   25-6  Tax Code, are amended to read as follows:
   25-7        (a)  The comptroller shall determine the amount of security
   25-8  required of a supplier, <or> bonded user, or jobber taking into
   25-9  consideration the amount of tax that has or is expected to become
  25-10  due from the person, any past history of the person as a supplier,
  25-11  <or> bonded user, or jobber, and the necessity to protect the state
  25-12  against the failure to pay the tax as it becomes due.
  25-13        (b)  If it is determined that the posting of security is
  25-14  necessary to protect the state, the comptroller may require a
  25-15  supplier or bonded user to post a surety bond equal to two times
  25-16  the highest tax that could accrue on tax-free diesel fuel purchased
  25-17  or acquired during a reporting period.  A jobber shall post a bond
  25-18  in an amount determined by the comptroller based upon the past
  25-19  payment history of the person.  The minimum bond for a supplier or
  25-20  jobber is $30,000, and the maximum bond is $600,000.  The minimum
  25-21  bond for a bonded user is $10,000, and the maximum bond is
  25-22  $600,000.  However, if the comptroller determines there is undue
  25-23  risk of loss of tax revenues, the comptroller may require one or
  25-24  more bonds or securities in a total amount exceeding $600,000.
  25-25        (c)  A supplier, <or> bonded user, or jobber who has filed a
   26-1  bond or other security under this subchapter is exempted from the
   26-2  bond or other security requirements of this subchapter and is
   26-3  entitled, on request, to have the comptroller return, refund, or
   26-4  release the bond or security if in the judgment of the comptroller
   26-5  the person has for four consecutive years continuously complied
   26-6  with the conditions of the bond or other security filed under this
   26-7  subchapter.  However, if the comptroller determines that the
   26-8  revenues of the state would be jeopardized by the return, refund,
   26-9  or release of the bond or security, the comptroller may elect not
  26-10  to return, refund, or release the bond or security, and may
  26-11  reimpose a requirement of a bond or other security as the
  26-12  comptroller determines is necessary to protect the revenues of the
  26-13  state.
  26-14        SECTION 29.  Section 153.219, Tax Code, is amended to read as
  26-15  follows:
  26-16        Sec. 153.219.  Records.  (a)  A supplier shall keep a record
  26-17  showing the number of gallons of:
  26-18              (1)  all diesel fuel inventories on hand at the first
  26-19  of each month;
  26-20              (2)  all diesel fuel refined, compounded, or blended;
  26-21              (3)  all diesel fuel purchased or received, showing the
  26-22  name of the seller, and the date of each purchase or receipt;
  26-23              (4)  all diesel fuel sold, distributed, or used showing
  26-24  the name of the purchaser and the date of sale, distribution, or
  26-25  use; and
   27-1              (5)  all diesel fuel lost by fire or other accident.
   27-2        (b)  A dealer shall keep a record showing the number of
   27-3  gallons of:
   27-4              (1)  all diesel fuel inventories on hand at the first
   27-5  of each month;
   27-6              (2)  all diesel fuel purchased or received, showing the
   27-7  name of the seller, the date of each purchase or receipt;
   27-8              (3)  all diesel fuel sold, distributed, or used; and
   27-9              (4)  all diesel fuel lost by fire or other accident.
  27-10        (c)  A bonded user or other user with nonhighway equipment
  27-11  uses who files a claim for a refund shall keep a record showing the
  27-12  number of gallons of:
  27-13              (1)  inventories of all diesel fuel on hand at the
  27-14  first of each month;
  27-15              (2)  all diesel fuel purchased or received, showing the
  27-16  name of the seller and the date of each purchase;
  27-17              (3)  all diesel fuel deliveries into the fuel supply
  27-18  tanks of motor vehicles;
  27-19              (4)  diesel fuel used for other purposes, showing the
  27-20  purpose for which used; and
  27-21              (5)  all diesel fuel lost by fire or other accident.
  27-22        (d)  An aviation fuel dealer shall keep a record showing the
  27-23  number of gallons of:
  27-24              (1)  all diesel fuel inventories on hand at the first
  27-25  of each month;
   28-1              (2)  all diesel fuel purchased or received, showing the
   28-2  name of the seller and the date of each purchase or receipt;
   28-3              (3)  all diesel fuel sold, distributed, or used in
   28-4  aircraft or aircraft servicing equipment; and
   28-5              (4)  diesel fuel lost by fire or other accident.
   28-6        (e)  The records of an aviation fuel dealer made under
   28-7  Subsection (d)(3) of this section must show:
   28-8              (1)  the name of the purchaser or user of diesel fuel;
   28-9              (2)  the date of the sale, distribution, or use of the
  28-10  diesel fuel; and
  28-11              (3)  the registration or "N" number of the airplane or
  28-12  a description or number of the aircraft servicing equipment in
  28-13  which diesel fuel is used.
  28-14        (f)  A permitted interstate trucker shall keep a record of:
  28-15              (1)  the total miles traveled in all states by all
  28-16  vehicles traveling into or from Texas and the total quantity of
  28-17  diesel fuel consumed in those vehicles; and
  28-18              (2)  the total miles traveled in Texas and the total
  28-19  quantity of diesel fuel delivered into the fuel supply tanks of
  28-20  motor vehicles in Texas.
  28-21        (g)  A jobber shall keep a record showing the number of
  28-22  gallons of:
  28-23              (1)  all diesel fuel inventories on hand at the first
  28-24  of each month;
  28-25              (2)  all diesel fuel purchased or received, showing the
   29-1  name of the seller and date of each purchase or receipt;
   29-2              (3)  all diesel fuel sold, distributed, or used,
   29-3  showing the name of the purchaser and the date of the sale or use;
   29-4  and
   29-5              (4)  all diesel fuel lost by fire or other accident.
   29-6        (h)  The comptroller may require selective schedules from a
   29-7  supplier, dealer, aviation fuel dealer, interstate trucker, jobber,
   29-8  or common or contract carrier for a purchase, sale, or delivery of
   29-9  diesel fuel if the schedules are not inconsistent with the
  29-10  requirements of this chapter.
  29-11        (i) <(h)>  The records required must be kept for four years
  29-12  and are open to inspection at all times by the comptroller or the
  29-13  attorney general.
  29-14        SECTION 30.  Subsection (c), Section 153.221, Tax Code, is
  29-15  amended to read as follows:
  29-16        (c)  No report is required to be filed by:
  29-17              (1)  an aviation fuel dealer;
  29-18              (2)  a trip permit user;
  29-19              (3)  a diesel tax prepaid user;
  29-20              (4)  a person issuing signed statements; <or>
  29-21              (5)  a common or contract carrier; or
  29-22              (6)  a jobber.
  29-23        SECTION 31.  Subsection (a), Section 153.222, Tax Code, is
  29-24  amended to read as follows:
  29-25        (a)  A dealer or jobber who has paid tax on diesel fuel that
   30-1  has been used or sold for use by the dealer or jobber for any
   30-2  purpose other than propelling a motor vehicle on the public
   30-3  highways of this state or that has been sold to the United States
   30-4  or a public school district in this state for the exclusive use of
   30-5  the purchaser without adding the amount of the tax to his selling
   30-6  price, and a user who has paid tax on any diesel fuel that has been
   30-7  used by him for a purpose other than propelling a motor vehicle on
   30-8  the public highways or who is a public school district and has paid
   30-9  the tax on diesel fuel purchased for its exclusive use may file a
  30-10  claim for a refund of taxes paid, less the deduction allowed
  30-11  vendors and a filing fee.
  30-12        SECTION 32.  Subsection (a), Section 153.302, Tax Code, is
  30-13  amended to read as follows:
  30-14        (a)  A person using a liquefied gas-propelled motor vehicle,
  30-15  including a motor vehicle equipped to use liquefied gas
  30-16  interchangeably with another motor fuel, that is required to be
  30-17  licensed in Texas for use on the public highways of Texas, shall
  30-18  prepay the liquefied gas tax to the comptroller on an annual basis;
  30-19  except that a person holding a motor vehicle dealer's liquefied gas
  30-20  tax decal or an interstate trucker base plated in Texas but
  30-21  registered under a multistate tax agreement shall pay the tax to a
  30-22  permitted dealer at the time the fuel is delivered into the fuel
  30-23  supply tank of a motor vehicle.
  30-24        SECTION 33.  Section 153.402, Tax Code, is amended to read as
  30-25  follows:
   31-1        Sec. 153.402.  Prohibited Acts; Civil Penalties.  A person
   31-2  forfeits to the state a civil penalty of not less than $25 nor more
   31-3  than $200 if the person:
   31-4              (1)  refuses to stop and permit the inspection and
   31-5  examination of a motor vehicle transporting or using motor fuel on
   31-6  demand of a peace officer or the comptroller;
   31-7              (2)  operates a motor vehicle in this state without a
   31-8  valid interstate trucker's or a trip permit when the person is
   31-9  required to hold one of those permits;
  31-10              (3)  operates a liquefied gas-propelled motor vehicle
  31-11  that is required to be licensed in Texas, including motor vehicles
  31-12  equipped with dual carburetion, and does not display a current
  31-13  liquefied gas tax decal or multistate fuels tax agreement decal;
  31-14              (4)  makes a tax-free sale or delivery of liquefied gas
  31-15  into the fuel supply tank of a motor vehicle that does not display
  31-16  a current Texas liquefied gas tax decal;
  31-17              (5)  makes a taxable sale or delivery of liquefied gas
  31-18  without holding a valid dealer's permit;
  31-19              (6)  makes a tax-free sale or delivery of liquefied gas
  31-20  into the fuel supply tank of a motor vehicle bearing out-of-state
  31-21  license plates;
  31-22              (7)  makes a tax-free or taxable sale or delivery of
  31-23  liquefied gas into the fuel supply tank of a motor vehicle bearing
  31-24  Texas license plates and no Texas liquefied gas tax decal;
  31-25              (8)  transports gasoline or diesel fuel in any cargo
   32-1  tank that has a connection by pipe, tube, valve, or otherwise with
   32-2  the fuel injector or carburetor or with the fuel supply tank
   32-3  feeding the fuel injector or carburetor of the motor vehicle
   32-4  transporting the product;
   32-5              (9)  sells or delivers gasoline or diesel fuel from any
   32-6  fuel supply tank connected with the fuel injector or carburetor of
   32-7  a motor vehicle;
   32-8              (10)  owns or operates a motor vehicle for which
   32-9  reports or mileage records are required by this chapter without an
  32-10  operating odometer or other device in good working condition to
  32-11  record accurately the miles traveled;
  32-12              (11)  furnishes a signed statement to a supplier for
  32-13  purchasing diesel fuel tax free when he owns, operates, or acquires
  32-14  a diesel-powered motor vehicle;
  32-15              (12)  fails or refuses to comply with or violates a
  32-16  provision of this chapter; or
  32-17              (13)  fails or refuses to comply with or violates a
  32-18  comptroller's rule for administering or enforcing this chapter.
  32-19        SECTION 34.  Section 153.403, Tax Code, is amended to read as
  32-20  follows:
  32-21        Sec. 153.403.  CRIMINAL OFFENSES.  Except as provided by
  32-22  Section 153.404 of this code, a person commits an offense if the
  32-23  person:
  32-24              (1)  refuses to stop and permit the inspection and
  32-25  examination of a motor vehicle transporting or using motor fuel on
   33-1  the demand of a peace officer or the comptroller;
   33-2              (2)  is required to hold a valid trip permit or
   33-3  interstate trucker's permit, but operates a motor vehicle in this
   33-4  state without a valid trip permit or interstate trucker's permit;
   33-5              (3)  operates a liquefied gas-propelled motor vehicle
   33-6  that is required to be licensed in Texas, including a motor vehicle
   33-7  equipped with dual carburetion, and does not display a current
   33-8  liquefied gas tax decal or multistate fuels tax agreement decal;
   33-9              (4)  transports gasoline or diesel fuel in any cargo
  33-10  tank that has a connection by pipe, tube, valve, or otherwise with
  33-11  the fuel injector or carburetor or with the fuel supply tank
  33-12  feeding the fuel injector or carburetor of the motor vehicle
  33-13  transporting the product;
  33-14              (5)  sells or delivers gasoline or diesel fuel from a
  33-15  fuel supply tank that is connected with the fuel injector or
  33-16  carburetor of a motor vehicle;
  33-17              (6)  owns or operates a motor vehicle for which reports
  33-18  or mileage records are required by this chapter without an
  33-19  operating odometer or other device in good working condition to
  33-20  record accurately the miles traveled;
  33-21              (7)  as a diesel tax prepaid user fails to prepay the
  33-22  tax on every diesel-powered motor vehicle owned or operated by him;
  33-23              (8)  makes a tax-free sale or delivery of liquefied gas
  33-24  into the fuel supply tank of a motor vehicle that does not display
  33-25  a current Texas liquefied gas tax decal;
   34-1              (9)  makes a sale or delivery of liquefied gas on which
   34-2  the person knows the tax is required to be collected, if at the
   34-3  time the sale is made the person does not hold a valid dealer's
   34-4  permit;
   34-5              (10)  makes a tax-free sale or delivery of liquefied
   34-6  gas into the fuel supply tank of a motor vehicle bearing
   34-7  out-of-state license plates;
   34-8              (11)  makes a tax-free or taxable sale or delivery of
   34-9  liquefied gas into the fuel supply tank of a motor vehicle bearing
  34-10  Texas license plates and no Texas liquefied gas tax decal;
  34-11              (12)  refuses to permit the comptroller or the attorney
  34-12  general to inspect, examine, or audit a book or record required to
  34-13  be kept by a distributor, supplier, user, dealer, interstate
  34-14  trucker, aviation fuel dealer, jobber, common or contract carrier,
  34-15  or any person required to hold a permit under this chapter;
  34-16              (13)  refuses to permit the comptroller or the attorney
  34-17  general to inspect or examine any plant, equipment, materials, or
  34-18  premises where motor fuel is produced, processed, stored, sold,
  34-19  delivered, or used;
  34-20              (14)  refuses to permit the comptroller or the attorney
  34-21  general to measure or gauge the contents of or take samples from a
  34-22  storage tank or container on premises where motor fuel is produced,
  34-23  processed, stored, sold, delivered, or used;
  34-24              (15)  is a distributor, bonded user, interstate
  34-25  trucker, or supplier and fails or refuses to make or deliver to the
   35-1  comptroller a report required by this chapter to be made and
   35-2  delivered to the comptroller;
   35-3              (16)  conceals motor fuel with the intent of engaging
   35-4  in any conduct proscribed by this chapter or refuses to make sales
   35-5  of motor fuel on the volume-corrected basis prescribed by this
   35-6  chapter;
   35-7              (17)  refuses, while transporting motor fuel, to stop
   35-8  the motor vehicle he is operating when called on to do so by a
   35-9  person authorized to stop the motor vehicle;
  35-10              (18)  refuses to surrender a motor vehicle and cargo
  35-11  for impoundment after being ordered to do so by a person authorized
  35-12  to impound the motor vehicle and cargo;
  35-13              (19)  transports motor fuel for which a cargo manifest
  35-14  is required to be carried without possessing or exhibiting on
  35-15  demand by an officer authorized to make the demand a cargo manifest
  35-16  containing the information required to be shown on the manifest;
  35-17              (20)  mutilates, destroys, or secretes a book or record
  35-18  required by this chapter to be kept by a distributor, supplier,
  35-19  user, dealer, interstate trucker, aviation fuel dealer, jobber, or
  35-20  person required to hold a permit under this chapter;
  35-21              (21)  is a distributor, supplier, user, dealer,
  35-22  interstate trucker, aviation fuel dealer, jobber, or other person
  35-23  required to hold a permit under this chapter, or the agent or
  35-24  employee of one of those persons and makes a false entry or fails
  35-25  to make an entry in the books and records required under this
   36-1  chapter to be made by the person;
   36-2              (22)  transports in any manner motor fuel under a false
   36-3  cargo manifest;
   36-4              (23)  engages in a motor fuel transaction that requires
   36-5  that the person have a permit under this chapter without then and
   36-6  there holding the required permit;
   36-7              (24)  makes and delivers to the comptroller a report
   36-8  required under this chapter to be made and delivered to the
   36-9  comptroller, if the report contains false information;
  36-10              (25)  forges, falsifies, or alters an invoice
  36-11  prescribed by law;
  36-12              (26)  makes any statement, knowing said statement to be
  36-13  false, in a claim for a tax refund filed with the comptroller;
  36-14              (27)  furnishes to a supplier a signed statement for
  36-15  purchasing diesel fuel tax free when he owns, operates, or acquires
  36-16  a diesel-powered motor vehicle;
  36-17              (28)  holds an aviation fuel dealer's permit and makes
  36-18  a taxable sale or use of any gasoline or diesel fuel;
  36-19              (29)  fails to remit any tax funds collected by a
  36-20  distributor, supplier, user, dealer, interstate trucker, jobber, or
  36-21  any other person required to hold a permit under this chapter;
  36-22              (30)  makes a sale of diesel fuel tax free into a
  36-23  storage facility of a person who:
  36-24                    (A)  is not permitted as a supplier, as an
  36-25  aviation fuel dealer, as a bonded user, or as a diesel tax prepaid
   37-1  user of diesel fuel; or
   37-2                    (B)  does not furnish to the permitted supplier a
   37-3  signed statement prescribed in Section 153.205 of this code;
   37-4              (31)  makes a sale of gasoline tax free to any person
   37-5  who is not permitted as either a distributor or an aviation fuel
   37-6  dealer;
   37-7              (32)  is a dealer who purchases any motor fuel tax free
   37-8  when not authorized to make a tax-free purchase under this chapter;
   37-9  or
  37-10              (33)  is a dealer who purchases motor fuel with the
  37-11  intent to evade any tax imposed by this chapter.
  37-12        SECTION 35.  Subsection (c), Section 153.118, Tax Code, is
  37-13  repealed.
  37-14        SECTION 36.  Subsection (d), Section 153.221, Tax Code, is
  37-15  repealed.
  37-16        SECTION 37.  This Act takes effect September 1, 1993; except
  37-17  that Sections 13, 24, 35, and 36 take effect July 1, 1995.
  37-18        SECTION 38.  The importance of this legislation and the
  37-19  crowded condition of the calendars in both houses create an
  37-20  emergency and an imperative public necessity that the
  37-21  constitutional rule requiring bills to be read on three several
  37-22  days in each house be suspended, and this rule is hereby suspended.