1-1  By:  Montford                                          S.B. No. 894
    1-2        (In the Senate - Filed March 11, 1993; March 15, 1993, read
    1-3  first time and referred to Committee on Finance; April 22, 1993,
    1-4  reported favorably by the following vote:  Yeas 13, Nays 0;
    1-5  April 22, 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 the administration of motor fuel taxes; providing
   1-24  penalties.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Section 153.001, Tax Code, is amended to read as
   1-27  follows:
   1-28        Sec. 153.001.  Definitions.  In this chapter:
   1-29              (1)  "Aviation fuel dealer" means a person who:
   1-30                    (A)  is the operator of an aircraft servicing
   1-31  facility;
   1-32                    (B)  delivers gasoline or diesel fuel exclusively
   1-33  into the fuel supply tanks of aircraft or into equipment used
   1-34  solely for servicing aircraft and used exclusively off-highway; and
   1-35                    (C)  does not use, sell, or distribute gasoline
   1-36  or diesel fuel on which a fuel tax is required to be collected or
   1-37  paid to this state.
   1-38              (2)  "Bulk user" means a person who owns or leases a
   1-39  bulk storage tank and delivers or causes to be delivered from that
   1-40  storage tank gasoline or diesel fuel into the fuel supply tanks of
   1-41  motor vehicles or other equipment operated by him.
   1-42              (3)  "Cargo tank" means an assembly that is used for
   1-43  transporting, hauling, or delivering liquids and that consists of a
   1-44  tank having one or more compartments mounted on a wagon,
   1-45  automobile, truck, trailer, or wheels, and includes accessory
   1-46  piping, valves, and meters, but does not include a fuel supply tank
   1-47  connected to the carburetor or fuel injector of a motor vehicle.
   1-48              (4) <(3)>  "Dealer" means a person who is the operator
   1-49  of a service station or other retail outlet and who delivers motor
   1-50  fuel into the fuel supply tanks of motor vehicles or motorboats.
   1-51              (5) <(4)>  "Diesel fuel" means kerosene or another
   1-52  liquid, or a combination of liquids blended together, that is
   1-53  suitable for or used for the propulsion of diesel-powered motor
   1-54  vehicles.  The term includes products commonly referred to as
   1-55  kerosene, light cycle oil, number two fuel oil, distillate fuel,
   1-56  cutter stock, or heating oil, but does not include gasoline or
   1-57  liquefied gas.
   1-58              (6)  "Diesel fuel jobber" means a person who:
   1-59                    (A)  purchases tax-paid diesel fuel from
   1-60  permitted suppliers, other jobbers, or dealers; and
   1-61                    (B)  makes sales with the tax included to
   1-62  permitted suppliers, other jobbers, dealers, or bulk users.
   1-63              (7) <(5)>  "Diesel bulk delivery" means a delivery of a
   1-64  quantity of diesel fuel in excess of five gallons, but does not
   1-65  include a delivery into the fuel supply tanks of a motor vehicle.
   1-66              (8) <(6)>  "Diesel tax prepaid user" means a person:
   1-67                    (A)  whose purchases of diesel fuel are
   1-68  predominantly for nonhighway use;
    2-1                    (B)  whose only diesel-powered motor vehicles are
    2-2  passenger cars or light trucks; and
    2-3                    (C)  who elects to prepay an annual diesel fuel
    2-4  tax to the comptroller on each diesel-powered motor vehicle.
    2-5              (9) <(7)  "Diesel user" means a person who delivers, or
    2-6  causes to be delivered, diesel fuel into the fuel supply tanks of
    2-7  motor vehicles owned or operated by him.>
    2-8              <(8)>  "Distributor" means a person who:
    2-9                    (A)  regularly makes sales or distributions of
   2-10  gasoline that are not into the fuel supply tanks of motor vehicles,
   2-11  motorboats, or aircraft;
   2-12                    (B)  refines, distills, manufactures, produces,
   2-13  or blends for sale or distribution gasoline in this state;
   2-14                    (C)  imports or exports gasoline other than in
   2-15  the fuel supply tanks of motor vehicles; or
   2-16                    (D)  in any other manner acquires or possesses
   2-17  tax-free gasoline.
   2-18              (10) <(9)>  "Gasoline" means any liquid or combination
   2-19  of liquids blended together offered for sale, sold, or used as the
   2-20  fuel for a gasoline-powered engine.  The term includes blending
   2-21  agents, but excludes diesel fuel and liquefied gas.
   2-22              (11)  "Gasoline jobber" means a person who:
   2-23                    (A)  purchases tax-paid gasoline from permitted
   2-24  distributors, other jobbers, or dealers; and
   2-25                    (B)  makes sales with the tax included to
   2-26  permitted distributors, other jobbers, dealers, or bulk users.
   2-27              (12) <(10)>  "Interstate trucker" means a person who
   2-28  operates motor vehicles in this state, other states, or other
   2-29  countries for commercial purposes and:
   2-30                    (A)  the vehicle has two axles and a registered
   2-31  gross weight in excess of 26,000 pounds;
   2-32                    (B)  the vehicle has three or more axles
   2-33  regardless of weight; or
   2-34                    (C)  the vehicle is used in combination when the
   2-35  weight of such combination exceeds 26,000 pounds registered gross
   2-36  weight <imports motor fuel in the fuel supply tanks of a motor
   2-37  vehicle having an aggregate fuel tank capacity of 60 or more
   2-38  gallons, operated for commercial purposes, for taxable use on the
   2-39  public highways of this state, but who does not sell or distribute
   2-40  motor fuel to other persons within this state, except as provided
   2-41  in Subchapter D of this chapter>.
   2-42              (13) <(11)>  "Lessor" means a person:
   2-43                    (A)  whose principal business is the leasing or
   2-44  renting of motor vehicles for compensation to the general public;
   2-45                    (B)  who maintains established places of
   2-46  business; and
   2-47                    (C)  whose lease or rental contracts require the
   2-48  motor vehicles to be returned to the established places of business
   2-49  at the termination of the lease.
   2-50              (14) <(12)>  "Light truck" means a pickup truck, panel
   2-51  delivery truck, carryall truck, or other motor vehicle that is
   2-52  designed, used, or maintained primarily for the transportation of
   2-53  property and that has a manufacturer's rated carrying capacity not
   2-54  exceeding 2,000 pounds.
   2-55              (15) <(13)>  "Liquefied gas" means all combustible
   2-56  gases that exist in the gaseous state at 60 degrees Fahrenheit and
   2-57  at a pressure of 14.7 pounds per square inch absolute, but does not
   2-58  include gasoline or diesel fuel.
   2-59              (16) <(14)>  "Liquefied gas tax decal user" means a
   2-60  person who owns or operates on the public highways of this state a
   2-61  motor vehicle:
   2-62                    (A)  equipped with a liquefied gas carburetion
   2-63  system;
   2-64                    (B)  required to be licensed by the State
   2-65  Department of Highways and Public Transportation; and
   2-66                    (C)  required to have a Texas certificate of
   2-67  inspection.
   2-68              (17) <(15)>  "Motorboat" means a vessel propelled by
   2-69  machinery, whether or not the machinery is the principal source of
   2-70  propulsion.
    3-1              (18) <(16)>  "Motor fuel" includes gasoline, diesel
    3-2  fuel, liquefied gas, and other products that are usable as
    3-3  propellants of a motor vehicle.
    3-4              (19) <(17)>  "Motor vehicle" means a self-propelled
    3-5  vehicle licensed for highway use or used on the highway.
    3-6              (20) <(18)>  "Passenger car" means a motor vehicle
    3-7  designed for carrying 10 or fewer passengers and used for the
    3-8  transportation of persons.
    3-9              (21) <(19)>  "Public highway" means a way or place of
   3-10  whatever nature open to the use of the public as a matter of right
   3-11  for the purpose of vehicular travel, even if the way or place is
   3-12  temporarily closed for the purpose of construction, maintenance, or
   3-13  repair.
   3-14              (22) <(20)>  "Registered gross weight" or "RGW" means
   3-15  the total weight of the vehicle and carrying capacity shown on the
   3-16  registration certificate issued by the State Department of Highways
   3-17  and Public Transportation.
   3-18              (23) <(21)>  "Sale" means a transfer of title,
   3-19  exchange, or barter of motor fuel, but does not include transfer of
   3-20  possession of motor fuel on consignment.
   3-21              (24) <(22)>  "Supplier" means a person who:
   3-22                    (A)  refines, distills, manufactures, produces,
   3-23  or blends for sale or distribution diesel fuel in this state;
   3-24                    (B)  imports or exports diesel fuel other than in
   3-25  the fuel supply tanks of motor vehicles;
   3-26                    (C)  sells or delivers diesel fuel in bulk
   3-27  quantities to dealers, users, aviation fuel dealers, or other
   3-28  suppliers; or
   3-29                    (D)  is engaged in the business of selling or
   3-30  delivering diesel fuel in bulk quantities to consumers for
   3-31  nonhighway uses.
   3-32              (25) <(23)>  "Transit company" means a business that:
   3-33                    (A)  transports in a political subdivision
   3-34  persons in carriers designed for 12 or more passengers;
   3-35                    (B)  holds a franchise from a political
   3-36  subdivision; and
   3-37                    (C)  has its rates regulated by the subdivision
   3-38  or is owned or operated by the political subdivision.
   3-39              (26)  "User" means a person who delivers, or causes to
   3-40  be delivered, gasoline or diesel fuel into the fuel supply tanks of
   3-41  motor vehicles owned or operated by him.
   3-42        SECTION 2.  Subsection (d), Section 153.004, Tax Code, is
   3-43  amended to read as follows:
   3-44        (d)  Each person, other than a common carrier transporting
   3-45  motor fuel under this chapter, shall also carry a copy of the
   3-46  supplier, distributor, jobber, or user permit, or proof of tax
   3-47  payment on the motor fuel being transported, unless the person is
   3-48  an end user transporting the person's own motor fuel purchased
   3-49  under a signed statement as provided by Section 153.205.
   3-50        SECTION 3.  Section 153.008, Tax Code, is amended to read as
   3-51  follows:
   3-52        Sec. 153.008.  INSPECTION OF PREMISES AND RECORDS.  For the
   3-53  purpose of determining the amount of tax collected and payable to
   3-54  the state, the amount of tax accruing and due, and whether a tax
   3-55  liability has been incurred under this chapter, the comptroller
   3-56  may:
   3-57              (1)  inspect any premises where motor fuel; crude
   3-58  petroleum; natural gas; derivatives or condensates of crude
   3-59  petroleum, natural gas, or their products; methyl alcohol; ethyl
   3-60  alcohol; or other blending agents are produced, made, prepared,
   3-61  stored, transported, sold, or offered for sale or exchange;
   3-62              (2)  examine the books and records required to be kept
   3-63  and records incident to the business of any distributor, supplier,
   3-64  dealer, jobber, or any person receiving or possessing, delivering,
   3-65  or selling motor fuel, crude oil, derivatives or condensates of
   3-66  crude petroleum, natural gas, or their products, or any blending
   3-67  agents;
   3-68              (3)  examine and either gauge or measure the contents
   3-69  of all storage tanks, containers, and other property or equipment;
   3-70  and
    4-1              (4)  take samples of any and all of these products
    4-2  stored on the premises.
    4-3        SECTION 4.  Section 153.010, Tax Code, is amended to read as
    4-4  follows:
    4-5        Sec. 153.010.  Authority to Stop and Examine.  In order to
    4-6  enforce the provisions of this chapter, the comptroller or a peace
    4-7  officer may stop a motor vehicle that appears to be operating with
    4-8  or transporting motor fuel in order to examine the cargo manifest
    4-9  or invoices required to be carried, examine a permit or copy of a
   4-10  permit that may be required to be carried, take samples from the
   4-11  fuel supply or cargo tanks, and make any other investigation that
   4-12  could reasonably be made to determine whether the taxes have been
   4-13  paid or accounted for by a distributor, supplier, dealer, user,
   4-14  jobber, or any person required to be so permitted.
   4-15        SECTION 5.  Subsection (a), Section 153.013, Tax Code, is
   4-16  amended to read as follows:
   4-17        (a)  A distributor, supplier, dealer, interstate trucker,
   4-18  jobber, or user who fails to keep a record, issue an invoice, or
   4-19  file a report required by this chapter, is presumed to have sold or
   4-20  used for taxable purposes all motor fuel shown by an audit by the
   4-21  comptroller to have been sold to the distributor, supplier, dealer,
   4-22  interstate trucker, jobber, or user.  Motor fuel unaccounted for is
   4-23  presumed to have been sold or used for taxable purposes.  The
   4-24  comptroller may fix or establish the amount of taxes, penalties,
   4-25  and interest due the state from the records of deliveries or from
   4-26  any records or information available to him.  If a tax claim, as
   4-27  developed from this procedure, is not paid, after the opportunity
   4-28  to request a redetermination, the claim and any audit made by the
   4-29  comptroller or any report filed by the distributor, supplier,
   4-30  dealer, interstate trucker, jobber, or user, are evidence in any
   4-31  suit or judicial proceedings filed by the attorney general, and are
   4-32  prima facie evidence of the correctness of the claim or audit.  A
   4-33  prima facie presumption of the correctness of the claim may be
   4-34  overcome at the trial by evidence adduced by the distributor,
   4-35  supplier, dealer, interstate trucker, jobber, or user.
   4-36        SECTION 6.  Section 153.016, Tax Code, is amended to read as
   4-37  follows:
   4-38        Sec. 153.016.  Additional Tax Applies to Dealer AND JOBBER
   4-39  INVENTORIES.  (a)  On the effective date of an increase in the
   4-40  rates of the taxes imposed by this chapter, a dealer or jobber that
   4-41  possesses for the purpose of sale 2,000 or more gallons of gasoline
   4-42  or diesel fuel at each business location on which the taxes imposed
   4-43  by this chapter at a previous rate have been paid shall report to
   4-44  the comptroller the volume of that gasoline and diesel fuel, and at
   4-45  the time of the report shall pay a tax on that gasoline and diesel
   4-46  fuel at a rate equal to the rate of the tax increase.
   4-47        (b)  On the effective date of a reduction of the rates of
   4-48  taxes imposed by this chapter, a dealer or jobber that possesses
   4-49  for the purpose of sale 2,000 or more gallons of gasoline or diesel
   4-50  fuel at each business location on which the taxes imposed by this
   4-51  chapter at the previous rate have been paid becomes entitled to a
   4-52  refund in an amount equal to the difference in the amount of taxes
   4-53  paid on that gasoline or diesel fuel at the previous rate and at
   4-54  the rate in effect on the effective date of the reduction in the
   4-55  tax rates.  The rules of the comptroller shall provide for the
   4-56  method of claiming a refund under this chapter and may require that
   4-57  the refund be paid through the distributor or supplier from whom
   4-58  the dealer or jobber received the fuel.
   4-59        SECTION 7.  Section 153.104, Tax Code, is amended to read as
   4-60  follows:
   4-61        Sec. 153.104.  Exceptions.  The tax imposed by this chapter
   4-62  does not apply to gasoline:
   4-63              (1)  brought into this state in the fuel supply tank of
   4-64  a motor vehicle operated by persons not required to be permitted as
   4-65  an interstate trucker <with a capacity of less than 60 gallons when
   4-66  the tank is connected to the carburetor or fuel injection system of
   4-67  the power plant providing the propulsion of the vehicle>;
   4-68              (2)  delivered by a permitted distributor to a common
   4-69  or contract carrier, oceangoing vessel (including ship, tanker, or
   4-70  boat), or a barge for export from this state if the gasoline is
    5-1  moved forthwith outside the state;
    5-2              (3)  sold by a permitted distributor to another
    5-3  permitted distributor;
    5-4              (4)  sold to the federal government for its exclusive
    5-5  use;
    5-6              (5)  delivered by a permitted distributor into a
    5-7  storage facility of a permitted aviation fuel dealer from which
    5-8  gasoline will be delivered solely into the fuel supply tanks of
    5-9  aircraft or aircraft servicing equipment;
   5-10              (6)  sold by one aviation fuel dealer to another
   5-11  aviation fuel dealer who will deliver the aviation fuel exclusively
   5-12  into the fuel supply tanks of aircraft or aircraft servicing
   5-13  equipment; or
   5-14              (7)  sold to a public school district in this state for
   5-15  its exclusive use.
   5-16        SECTION 8.  Subsection (a), Section 153.106, Tax Code, is
   5-17  amended to read as follows:
   5-18        (a)  A distributor, interstate trucker, jobber, or aviation
   5-19  fuel dealer shall file an application with the comptroller for one
   5-20  of the nonassignable permits provided for in this subchapter.
   5-21        SECTION 9.  Subchapter B, Chapter 153, Tax Code, is amended
   5-22  by adding Section 153.1071 to read as follows:
   5-23        153.1071.  JOBBER'S PERMIT.  A person performing the
   5-24  functions of a jobber shall obtain a jobber's permit.
   5-25        SECTION 10.  Section 153.112, Tax Code, is amended by adding
   5-26  Subsection (e) to read as follows:
   5-27        (e)  A jobber's permit is permanent and is valid so long as
   5-28  the permittee has in force and effect the required bond or security
   5-29  or until the permit is surrendered by the holder or canceled by the
   5-30  comptroller.
   5-31        SECTION 11.  Section 153.108, Tax Code, is amended to read as
   5-32  follows:
   5-33        Sec. 153.108.  INTERSTATE TRUCKER'S PERMIT.  An interstate
   5-34  trucker's permit authorizes a person who imports gasoline into
   5-35  Texas in the fuel supply tanks of motor vehicles operated for
   5-36  commercial purposes and qualified by weight or number of axles
   5-37  <having an aggregate capacity of 60 or more gallons> to report and
   5-38  pay the tax due on the gasoline imported into this state or to
   5-39  claim a credit or refund of the tax paid on gasoline purchased in
   5-40  Texas and used in other states.
   5-41        SECTION 12.  Section 153.109, Tax Code, is amended to read as
   5-42  follows:
   5-43        Sec. 153.109.  TRIP PERMITS.  (a)  In lieu of an annual
   5-44  interstate trucker's permit, a person bringing a motor vehicle into
   5-45  this state for commercial purposes and qualified by weight or
   5-46  number of axles <with fuel supply tanks having an aggregate
   5-47  capacity of 60 or more gallons> may obtain a trip permit.  The trip
   5-48  permit must be obtained prior to entry into the state or at the
   5-49  time of entry.
   5-50        (b)  No more than five trip permits for each person may be
   5-51  issued during a calendar year.
   5-52        (c)  A fee for each trip permit shall be collected from the
   5-53  applicant and shall be in the amount of $50 for each vehicle for
   5-54  each trip <an amount equivalent to the tax payable on the quantity
   5-55  of gasoline that could be imported in the fuel supply tanks of the
   5-56  motor vehicle, but not less than $5>.
   5-57        (d)  No reports are required with respect to the vehicle.
   5-58        (e)  Operating a motor vehicle without a valid interstate
   5-59  trucker's or trip permit may subject the operator to a penalty
   5-60  under Section 153.402 of this code.
   5-61        SECTION 13.  Section 153.111, Tax Code, is amended to read as
   5-62  follows:
   5-63        Sec. 153.111.  DISTRIBUTOR MAY PERFORM OTHER FUNCTIONS.  A
   5-64  distributor may operate under the distributor's permit as <an
   5-65  interstate trucker or> an aviation fuel dealer without securing a
   5-66  separate permit, but is subject to all other conditions,
   5-67  requirements, and liabilities imposed on those permittees.
   5-68        SECTION 14.  Section 153.114, Tax Code, is amended to read as
   5-69  follows:
   5-70        Sec. 153.114.  LIST OF DISTRIBUTORS, <AND> AVIATION FUEL
    6-1  DEALERS, AND JOBBERS.  The comptroller, on or before December 20 of
    6-2  each year, shall mail or distribute to all permitted distributors a
    6-3  printed alphabetical list of permitted distributors, <and> aviation
    6-4  fuel dealers, and jobbers <who are qualified to purchase gasoline
    6-5  tax free during the ensuing calendar year>.  Distributors and
    6-6  aviation fuel dealers on the list are qualified to purchase
    6-7  gasoline tax free during the ensuing calendar year.  Jobbers are
    6-8  qualified to purchase gasoline tax-paid during the ensuing calendar
    6-9  year.  A supplemental list of additions and deletions shall be
   6-10  delivered to the distributors each month.  A current and effective
   6-11  permit or the list furnished by the comptroller is evidence of the
   6-12  validity of the permit until the comptroller notifies distributors
   6-13  of a change in the status of a permit holder.
   6-14        SECTION 15.  Section 153.115, Tax Code, is amended to read as
   6-15  follows:
   6-16        Sec. 153.115.  Tax Payments by an Interstate Trucker;
   6-17  Allowance.  (a)  An interstate trucker who imports gasoline into
   6-18  Texas in the fuel supply tanks of motor vehicles operated for
   6-19  commercial purposes and qualified by weight or number of axles
   6-20  <having an aggregate capacity of 60 or more gallons for each
   6-21  vehicle> shall report and pay the tax at the imposed rate on
   6-22  gasoline that is imported and used on Texas highways.  The number
   6-23  of gallons of gasoline used on Texas highways shall be computed by
   6-24  dividing the total miles traveled in all states by the total number
   6-25  of gallons of gasoline delivered into the fuel supply tanks of
   6-26  motor vehicles in all states.  The mileage factor obtained shall be
   6-27  divided into the total Texas miles traveled in order to determine
   6-28  the number of gallons of gasoline used in Texas.
   6-29        (b)  An interstate trucker shall remit all taxes due by him
   6-30  based on the applicable tax rate for each gallon on gasoline
   6-31  consumed within the state at the time of the filing of his
   6-32  quarterly reports.
   6-33        (c)  A permitted interstate trucker is entitled to deduct
   6-34  one-half of one percent of the taxable gallons of gasoline on
   6-35  payment of the taxes to the state for the expense of recordkeeping,
   6-36  reporting, and remitting the tax.
   6-37        SECTION 16.  Subsections (a), (b), and (c), Section 153.116,
   6-38  Tax Code, are amended to read as follows:
   6-39        (a)  The comptroller shall determine the amount of security
   6-40  required of a distributor or a jobber taking into consideration the
   6-41  amount of tax that has or is expected to become due from the
   6-42  person, any past history of the person as a distributor or a
   6-43  jobber, and the necessity to protect the state against the failure
   6-44  to pay the tax as it becomes due.
   6-45        (b)  If it is determined that the posting of security is
   6-46  necessary to protect the state, the comptroller may require a
   6-47  distributor or a jobber to post a <surety> bond <equal to two times
   6-48  the highest tax that could accrue on tax-free gasoline purchased or
   6-49  acquired during a reporting period>.  A distributor shall post a
   6-50  bond equal to two times the highest tax that could accrue on
   6-51  tax-free gasoline purchased or acquired during a reporting period.
   6-52  A jobber shall post a bond in an amount determined by the
   6-53  comptroller based upon the past tax payment history of the person.
   6-54  The minimum bond is $30,000.  The maximum bond is $600,000 unless
   6-55  the comptroller believes there is undue risk of loss of tax
   6-56  revenues, in which event he may require one or more bonds or
   6-57  securities in a total amount exceeding $600,000.
   6-58        (c)  A distributor or a jobber who has filed a bond or other
   6-59  security under this subchapter is exempted from the bond or other
   6-60  security requirements of this subchapter and is entitled, on
   6-61  request, to have the comptroller return, refund, or release the
   6-62  bond or security if in the judgment of the comptroller the person
   6-63  has for four consecutive years continuously complied with the
   6-64  conditions of the bond or other security filed under this
   6-65  subchapter.  However, if the comptroller determines that the
   6-66  revenues of the state would be jeopardized by the return, refund,
   6-67  or release of the bond or security, the comptroller may elect not
   6-68  to return, refund, or release the bond or security, and may
   6-69  reimpose a requirement of a bond or other security as the
   6-70  comptroller determines necessary to protect the revenues of the
    7-1  state.
    7-2        SECTION 17.  Section 153.117, Tax Code, is amended to read as
    7-3  follows:
    7-4        Sec. 153.117.  Records.  (a)  A distributor shall keep a
    7-5  record showing the number of gallons of:
    7-6              (1)  all gasoline inventories on hand at the first of
    7-7  each month;
    7-8              (2)  all gasoline refined, compounded, or blended;
    7-9              (3)  all gasoline purchased or received, showing the
   7-10  name of the seller and date of each purchase or receipt;
   7-11              (4)  all gasoline sold, distributed, or used, showing
   7-12  the name of the purchaser and the date of the sale or use; and
   7-13              (5)  all gasoline lost by fire or other accident.
   7-14        (b)  A dealer shall keep a record showing the number of
   7-15  gallons of:
   7-16              (1)  gasoline inventories on hand at the first of each
   7-17  month;
   7-18              (2)  all gasoline purchased or received, showing the
   7-19  name of the seller and the date of each purchase or receipt;
   7-20              (3)  all gasoline sold or used, showing the date of the
   7-21  sale or use; and
   7-22              (4)  all gasoline lost by fire or other accident.
   7-23        (c)  An interstate trucker shall keep a record of:
   7-24              (1)  the total miles traveled in all states by all
   7-25  vehicles traveling into or from Texas and the total quantity of
   7-26  gasoline consumed in those vehicles; and
   7-27              (2)  the total miles traveled in Texas and the total
   7-28  quantity of gasoline purchased and delivered into the fuel supply
   7-29  tanks of motor vehicles in Texas.
   7-30        (d)  An aviation fuel dealer shall keep a record showing the
   7-31  number of gallons of:
   7-32              (1)  all gasoline inventories on hand at the first of
   7-33  each month;
   7-34              (2)  all gasoline purchased or received, showing the
   7-35  name of the seller and date of each purchase or receipt;
   7-36              (3)  all gasoline sold or used in aircraft or aircraft
   7-37  servicing equipment; and
   7-38              (4)  all gasoline lost by fire or other accident.
   7-39        (e)  The records of an aviation fuel dealer made under
   7-40  Subsection (d)(3) of this section must show:
   7-41              (1)  the name of the purchaser or user of gasoline;
   7-42              (2)  the date of the sale or use of gasoline; and
   7-43              (3)  the registration or "N" number of the airplane or
   7-44  a description or number of the aircraft or a description or number
   7-45  of the aircraft servicing equipment in which gasoline is used.
   7-46        (f)  A jobber shall keep a record showing the number of
   7-47  gallons of:
   7-48              (1)  all gasoline inventories on hand at the first of
   7-49  each month;
   7-50              (2)  all gasoline purchased or received, showing the
   7-51  name of the seller and date of each purchase or receipt;
   7-52              (3)  all gasoline sold, distributed, or used, showing
   7-53  the name of the purchaser and the date of the sale or use; and
   7-54              (4)  all gasoline lost by fire or other accident.
   7-55        (g)  The comptroller may require selective schedules from a
   7-56  distributor, dealer, aviation fuel dealer, interstate trucker,
   7-57  jobber, or common or contract carrier for any purchases, sales, or
   7-58  deliveries of gasoline when the schedules are not inconsistent with
   7-59  the requirements of this chapter.
   7-60        (h) <(g)>  The records required must be kept for four years
   7-61  and are open to inspection at all times by the comptroller and the
   7-62  attorney general.
   7-63        SECTION 18.  Section 153.118, Tax Code, is amended to read as
   7-64  follows:
   7-65        Sec. 153.118.  Reports and Payments.  (a)  On or before the
   7-66  25th day of each month, a distributor shall file all reports and
   7-67  supplements as required by the comptroller, and remit the amount of
   7-68  tax required to be collected during the preceding month.  The
   7-69  report shall be executed by the distributor or his representative
   7-70  and shall be filed with the comptroller on a form provided or
    8-1  approved by the comptroller, containing complete and detailed
    8-2  information not inconsistent with the requirements of this chapter
    8-3  of gasoline transactions.  A distributor required to file a report
    8-4  under this section who has not sold or used any gasoline during the
    8-5  reporting period shall file with the comptroller the report setting
    8-6  forth the facts or information.  The failure of a distributor to
    8-7  obtain forms from the comptroller is no excuse for the failure to
    8-8  file a report containing all the information required to be
    8-9  reported.
   8-10        (b)  On or before the 25th day of the month following the end
   8-11  of each calendar quarter, an interstate trucker shall file a report
   8-12  and remit the amount of tax due.  The report shall be properly
   8-13  executed and filed with the comptroller and must contain complete
   8-14  and detailed information as the comptroller may require on forms
   8-15  provided for that purpose.  An interstate trucker who has not used
   8-16  any gasoline during the reporting period shall file with the
   8-17  comptroller the report setting forth the facts or information.  The
   8-18  failure of an interstate trucker to obtain forms from the
   8-19  comptroller is no excuse for the failure to file a report
   8-20  containing all the information required to be reported.
   8-21        (c)  An interstate trucker who maintains all fuel records in
   8-22  Texas and all or substantially all of whose highway use is made
   8-23  with gasoline purchased within this state with the tax paid may be
   8-24  exempted from the quarterly reporting requirements under an annual
   8-25  affidavit to the comptroller attesting to the intrastate, or
   8-26  substantial intrastate, tax-paid purchases of gasoline.
   8-27        (d)  An aviation fuel dealer is not required to file a report
   8-28  with the comptroller.
   8-29        (e)  A jobber is not required to file a report with the
   8-30  comptroller.
   8-31        (f)  On or before August 15th of each odd-numbered calendar
   8-32  year each person required to pay a tax under this section must
   8-33  remit a reasonable estimate of the tax liability for gasoline which
   8-34  was required to be collected during the preceding month.  A
   8-35  reasonable estimate must be at least an amount equal to the tax due
   8-36  on July 25th for gasoline tax owing in June.
   8-37        SECTION 19.  Subsection (d), Section 153.206, Tax Code, is
   8-38  amended to read as follows:
   8-39        (d)  An interstate trucker who imports diesel fuel into Texas
   8-40  in the fuel supply tanks of a motor vehicle operated for commercial
   8-41  purposes and qualified by weight or number of axles <having an
   8-42  aggregate capacity of 60 or more gallons for each vehicle> shall
   8-43  report and pay the tax at the rate imposed on diesel fuel that is
   8-44  imported and used on Texas highways.  The number of gallons of
   8-45  diesel fuel used on Texas highways shall be computed by dividing
   8-46  the total miles traveled in all states by the total number of
   8-47  gallons of diesel fuel delivered into the fuel supply tanks of
   8-48  motor vehicles in all states.  The mileage factor obtained shall be
   8-49  divided into the total Texas miles traveled in order to determine
   8-50  the number of gallons of diesel fuel used in Texas.  An interstate
   8-51  trucker shall remit all taxes due by him based on the diesel fuel
   8-52  tax rate for each gallon on diesel fuel consumed within the state
   8-53  at the time of the filing of the quarterly report.
   8-54        SECTION 20.  Subsection (a), Section 153.207, Tax Code, is
   8-55  amended to read as follows:
   8-56        (a)  A supplier, bonded user, interstate trucker, diesel tax
   8-57  prepaid user, <or> aviation fuel dealer, or jobber shall file an
   8-58  application with the comptroller for one of the nonassignable
   8-59  permits provided for in this subchapter.
   8-60        SECTION 21.  Subchapter C, Chapter 153, Tax Code, is amended
   8-61  by adding Section 153.2081 to read as follows:
   8-62        Sec. 153.2081.  JOBBER'S PERMIT.  A person performing the
   8-63  functions of a jobber shall obtain a jobber's permit.
   8-64        SECTION 22.  Section 153.211, Tax Code, is amended to read as
   8-65  follows:
   8-66        Sec. 153.211.  Interstate Trucker's Permit.  An interstate
   8-67  trucker's permit authorizes a person who imports diesel fuel into
   8-68  the state in the fuel supply tanks of motor vehicles operated for
   8-69  commercial purposes and qualified by weight or number of axles
   8-70  <having an aggregate capacity of 60 or more gallons for each
    9-1  vehicle> to report and pay the tax due on diesel fuel imported into
    9-2  this state or to claim a credit or a refund of the tax paid on
    9-3  diesel fuel purchased in this state and then used in other states.
    9-4  An interstate trucker may not make tax-free purchases of diesel
    9-5  fuel.
    9-6        SECTION 23.  Section 153.212, Tax Code, is amended to read as
    9-7  follows:
    9-8        Sec. 153.212.  Trip Permits.  (a)  In lieu of an annual
    9-9  interstate trucker's permit, a person bringing motor vehicles into
   9-10  this state for commercial purposes and qualified by weight or
   9-11  number of axles <with fuel supply tanks having an aggregate
   9-12  capacity of 60 or more gallons for each vehicle> may obtain a trip
   9-13  permit.  The trip permit must be obtained prior to entry into the
   9-14  state or at the time of entry.
   9-15        (b)  <The trip permit must be obtained before entry into the
   9-16  state or at the time of entry.>  No more than five trip permits may
   9-17  be issued during a calendar year to a person operating interstate.
   9-18        (c)  A fee for each trip permit shall be collected from the
   9-19  applicant and be in the amount of $50 for each vehicle for each
   9-20  trip.
   9-21        (d)  No reports are required with respect to the vehicle.
   9-22        (e)  Operating a motor vehicle without a valid interstate
   9-23  trucker's or trip permit may subject the operator to a penalty
   9-24  under Section 153.402 of this code.  <The fee is an amount equal to
   9-25  the tax payable on the quantity of diesel fuel that could be
   9-26  imported in the fuel supply tanks of the motor vehicle, but not
   9-27  less than $5.>
   9-28        SECTION 24.  Section 153.214, Tax Code, is amended to read as
   9-29  follows:
   9-30        Sec. 153.214.  Supplier May Perform Other Functions.  A
   9-31  supplier may operate under the supplier's permit as a user, dealer,
   9-32  <interstate trucker,> or aviation fuel dealer without securing a
   9-33  separate permit, but is subject to all other conditions,
   9-34  requirements, and liabilities imposed on those permittees.
   9-35        SECTION 25.  Subchapter C, Chapter 153, Tax Code, is amended
   9-36  by adding Section 153.2141 to read as follows:
   9-37        Sec. 153. 2141.  JOBBER MAY PERFORM OTHER FUNCTIONS.  A
   9-38  jobber may operate under the jobber's permit as a nonpermitted user
   9-39  or dealer but is subject to all other conditions, requirements, and
   9-40  liabilities imposed on nonpermitted users and dealers.
   9-41        SECTION 26.  Section 153.215, Tax Code, is amended by adding
   9-42  Subsection (f) to read as follows:
   9-43        (f)  A jobber's permit is permanent and is valid so long as
   9-44  the permittee has in force and effect the required bond or security
   9-45  or until the permit is surrendered by the holder or canceled by the
   9-46  comptroller.
   9-47        SECTION 27.  Section 153.217, Tax Code, is amended to read as
   9-48  follows:
   9-49        Sec. 153.217.  LIST OF SUPPLIERS, BONDED USERS, <AND>
   9-50  AVIATION FUEL DEALERS, AND JOBBERS.  (a)  The comptroller, on or
   9-51  before December 20 of each calendar year, shall mail or distribute
   9-52  to each supplier a printed alphabetical list of permitted
   9-53  suppliers, bonded users, <and> aviation fuel dealers, and jobbers
   9-54  <who are qualified to purchase diesel fuel tax free during the
   9-55  ensuing calendar year>.  Permitted suppliers, bonded users, and
   9-56  aviation fuel dealers printed on the list are qualified to purchase
   9-57  diesel fuel tax free during the ensuring calendar year.  Jobbers
   9-58  are qualified to purchase diesel fuel tax-paid during the ensuing
   9-59  calendar year.  A supplemental list of additions and deletions
   9-60  shall be delivered to each supplier each month.
   9-61        (b)  The comptroller, on or before January 31 of each
   9-62  calendar year, shall mail or distribute to each supplier a printed
   9-63  alphabetical list of diesel tax prepaid user permittees who are
   9-64  qualified to purchase diesel fuel tax free during the ensuing
   9-65  calendar year.  A supplemental list of additions and deletions
   9-66  shall be delivered to each supplier each month.
   9-67        SECTION 28.  Subsections (a), (b), and (c), Section 153.218,
   9-68  Tax Code, are amended to read as follows:
   9-69        (a)  The comptroller shall determine the amount of security
   9-70  required of a supplier, <or> bonded user, or jobber taking into
   10-1  consideration the amount of tax that has or is expected to become
   10-2  due from the person, any past history of the person as a supplier,
   10-3  <or> bonded user, or jobber, and the necessity to protect the state
   10-4  against the failure to pay the tax as it becomes due.
   10-5        (b)  If it is determined that the posting of security is
   10-6  necessary to protect the state, the comptroller may require a
   10-7  supplier or bonded user to post a surety bond equal to two times
   10-8  the highest tax that could accrue on tax-free diesel fuel purchased
   10-9  or acquired during a reporting period.  A jobber shall post a bond
  10-10  in an amount determined by the comptroller based upon the past
  10-11  payment history of the person.  The minimum bond for a supplier or
  10-12  jobber is $30,000, and the maximum bond is $600,000.  The minimum
  10-13  bond for a bonded user is $10,000, and the maximum bond is
  10-14  $600,000.  However, if the comptroller determines there is undue
  10-15  risk of loss of tax revenues, the comptroller may require one or
  10-16  more bonds or securities in a total amount exceeding $600,000.
  10-17        (c)  A supplier, <or> bonded user, or jobber who has filed a
  10-18  bond or other security under this subchapter is exempted from the
  10-19  bond or other security requirements of this subchapter and is
  10-20  entitled, on request, to have the comptroller return, refund, or
  10-21  release the bond or security if in the judgment of the comptroller
  10-22  the person has for four consecutive years continuously complied
  10-23  with the conditions of the bond or other security filed under this
  10-24  subchapter.  However, if the comptroller determines that the
  10-25  revenues of the state would be jeopardized by the return, refund,
  10-26  or release of the bond or security, the comptroller may elect not
  10-27  to return, refund, or release the bond or security, and may
  10-28  reimpose a requirement of a bond or other security as the
  10-29  comptroller determines is necessary to protect the revenues of the
  10-30  state.
  10-31        SECTION 29.  Section 153.219, Tax Code, is amended to read as
  10-32  follows:
  10-33        Sec. 153.219.  Records.  (a)  A supplier shall keep a record
  10-34  showing the number of gallons of:
  10-35              (1)  all diesel fuel inventories on hand at the first
  10-36  of each month;
  10-37              (2)  all diesel fuel refined, compounded, or blended;
  10-38              (3)  all diesel fuel purchased or received, showing the
  10-39  name of the seller, and the date of each purchase or receipt;
  10-40              (4)  all diesel fuel sold, distributed, or used showing
  10-41  the name of the purchaser and the date of sale, distribution, or
  10-42  use; and
  10-43              (5)  all diesel fuel lost by fire or other accident.
  10-44        (b)  A dealer shall keep a record showing the number of
  10-45  gallons of:
  10-46              (1)  all diesel fuel inventories on hand at the first
  10-47  of each month;
  10-48              (2)  all diesel fuel purchased or received, showing the
  10-49  name of the seller, the date of each purchase or receipt;
  10-50              (3)  all diesel fuel sold, distributed, or used; and
  10-51              (4)  all diesel fuel lost by fire or other accident.
  10-52        (c)  A bonded user or other user with nonhighway equipment
  10-53  uses who files a claim for a refund shall keep a record showing the
  10-54  number of gallons of:
  10-55              (1)  inventories of all diesel fuel on hand at the
  10-56  first of each month;
  10-57              (2)  all diesel fuel purchased or received, showing the
  10-58  name of the seller and the date of each purchase;
  10-59              (3)  all diesel fuel deliveries into the fuel supply
  10-60  tanks of motor vehicles;
  10-61              (4)  diesel fuel used for other purposes, showing the
  10-62  purpose for which used; and
  10-63              (5)  all diesel fuel lost by fire or other accident.
  10-64        (d)  An aviation fuel dealer shall keep a record showing the
  10-65  number of gallons of:
  10-66              (1)  all diesel fuel inventories on hand at the first
  10-67  of each month;
  10-68              (2)  all diesel fuel purchased or received, showing the
  10-69  name of the seller and the date of each purchase or receipt;
  10-70              (3)  all diesel fuel sold, distributed, or used in
   11-1  aircraft or aircraft servicing equipment; and
   11-2              (4)  diesel fuel lost by fire or other accident.
   11-3        (e)  The records of an aviation fuel dealer made under
   11-4  Subsection (d)(3) of this section must show:
   11-5              (1)  the name of the purchaser or user of diesel fuel;
   11-6              (2)  the date of the sale, distribution, or use of the
   11-7  diesel fuel; and
   11-8              (3)  the registration or "N" number of the airplane or
   11-9  a description or number of the aircraft servicing equipment in
  11-10  which diesel fuel is used.
  11-11        (f)  A permitted interstate trucker shall keep a record of:
  11-12              (1)  the total miles traveled in all states by all
  11-13  vehicles traveling into or from Texas and the total quantity of
  11-14  diesel fuel consumed in those vehicles; and
  11-15              (2)  the total miles traveled in Texas and the total
  11-16  quantity of diesel fuel delivered into the fuel supply tanks of
  11-17  motor vehicles in Texas.
  11-18        (g)  A jobber shall keep a record showing the number of
  11-19  gallons of:
  11-20              (1)  all diesel fuel inventories on hand at the first
  11-21  of each month;
  11-22              (2)  all diesel fuel purchased or received, showing the
  11-23  name of the seller and date of each purchase or receipt;
  11-24              (3)  all diesel fuel sold, distributed, or used,
  11-25  showing the name of the purchaser and the date of the sale or use;
  11-26  and
  11-27              (4)  all diesel fuel lost by fire or other accident.
  11-28        (h)  The comptroller may require selective schedules from a
  11-29  supplier, dealer, aviation fuel dealer, interstate trucker, jobber,
  11-30  or common or contract carrier for a purchase, sale, or delivery of
  11-31  diesel fuel if the schedules are not inconsistent with the
  11-32  requirements of this chapter.
  11-33        (i) <(h)>  The records required must be kept for four years
  11-34  and are open to inspection at all times by the comptroller or the
  11-35  attorney general.
  11-36        SECTION 30.  Subsection (c), Section 153.221, Tax Code, is
  11-37  amended to read as follows:
  11-38        (c)  No report is required to be filed by:
  11-39              (1)  an aviation fuel dealer;
  11-40              (2)  a trip permit user;
  11-41              (3)  a diesel tax prepaid user;
  11-42              (4)  a person issuing signed statements; <or>
  11-43              (5)  a common or contract carrier; or
  11-44              (6)  a jobber.
  11-45        SECTION 31.  Subsection (a), Section 153.222, Tax Code, is
  11-46  amended to read as follows:
  11-47        (a)  A dealer or jobber who has paid tax on diesel fuel that
  11-48  has been used or sold for use by the dealer or jobber for any
  11-49  purpose other than propelling a motor vehicle on the public
  11-50  highways of this state or that has been sold to the United States
  11-51  or a public school district in this state for the exclusive use of
  11-52  the purchaser without adding the amount of the tax to his selling
  11-53  price, and a user who has paid tax on any diesel fuel that has been
  11-54  used by him for a purpose other than propelling a motor vehicle on
  11-55  the public highways or who is a public school district and has paid
  11-56  the tax on diesel fuel purchased for its exclusive use may file a
  11-57  claim for a refund of taxes paid, less the deduction allowed
  11-58  vendors and a filing fee.
  11-59        SECTION 32.  Subsection (a), Section 153.302, Tax Code, is
  11-60  amended to read as follows:
  11-61        (a)  A person using a liquefied gas-propelled motor vehicle,
  11-62  including a motor vehicle equipped to use liquefied gas
  11-63  interchangeably with another motor fuel, that is required to be
  11-64  licensed in Texas for use on the public highways of Texas, shall
  11-65  prepay the liquefied gas tax to the comptroller on an annual basis;
  11-66  except that a person holding a motor vehicle dealer's liquefied gas
  11-67  tax decal or an interstate trucker base plated in Texas but
  11-68  registered under a multistate tax agreement shall pay the tax to a
  11-69  permitted dealer at the time the fuel is delivered into the fuel
  11-70  supply tank of a motor vehicle.
   12-1        SECTION 33.  Section 153.402, Tax Code, is amended to read as
   12-2  follows:
   12-3        Sec. 153.402.  Prohibited Acts; Civil Penalties.  A person
   12-4  forfeits to the state a civil penalty of not less than $25 nor more
   12-5  than $200 if the person:
   12-6              (1)  refuses to stop and permit the inspection and
   12-7  examination of a motor vehicle transporting or using motor fuel on
   12-8  demand of a peace officer or the comptroller;
   12-9              (2)  operates a motor vehicle in this state without a
  12-10  valid interstate trucker's or a trip permit when the person is
  12-11  required to hold one of those permits;
  12-12              (3)  operates a liquefied gas-propelled motor vehicle
  12-13  that is required to be licensed in Texas, including motor vehicles
  12-14  equipped with dual carburetion, and does not display a current
  12-15  liquefied gas tax decal or multistate fuels tax agreement decal;
  12-16              (4)  makes a tax-free sale or delivery of liquefied gas
  12-17  into the fuel supply tank of a motor vehicle that does not display
  12-18  a current Texas liquefied gas tax decal;
  12-19              (5)  makes a taxable sale or delivery of liquefied gas
  12-20  without holding a valid dealer's permit;
  12-21              (6)  makes a tax-free sale or delivery of liquefied gas
  12-22  into the fuel supply tank of a motor vehicle bearing out-of-state
  12-23  license plates;
  12-24              (7)  makes a tax-free or taxable sale or delivery of
  12-25  liquefied gas into the fuel supply tank of a motor vehicle bearing
  12-26  Texas license plates and no Texas liquefied gas tax decal;
  12-27              (8)  transports gasoline or diesel fuel in any cargo
  12-28  tank that has a connection by pipe, tube, valve, or otherwise with
  12-29  the fuel injector or carburetor or with the fuel supply tank
  12-30  feeding the fuel injector or carburetor of the motor vehicle
  12-31  transporting the product;
  12-32              (9)  sells or delivers gasoline or diesel fuel from any
  12-33  fuel supply tank connected with the fuel injector or carburetor of
  12-34  a motor vehicle;
  12-35              (10)  owns or operates a motor vehicle for which
  12-36  reports or mileage records are required by this chapter without an
  12-37  operating odometer or other device in good working condition to
  12-38  record accurately the miles traveled;
  12-39              (11)  furnishes a signed statement to a supplier for
  12-40  purchasing diesel fuel tax free when he owns, operates, or acquires
  12-41  a diesel-powered motor vehicle;
  12-42              (12)  fails or refuses to comply with or violates a
  12-43  provision of this chapter; or
  12-44              (13)  fails or refuses to comply with or violates a
  12-45  comptroller's rule for administering or enforcing this chapter.
  12-46        SECTION 34.  Section 153.403, Tax Code, is amended to read as
  12-47  follows:
  12-48        Sec. 153.403.  CRIMINAL OFFENSES.  Except as provided by
  12-49  Section 153.404 of this code, a person commits an offense if the
  12-50  person:
  12-51              (1)  refuses to stop and permit the inspection and
  12-52  examination of a motor vehicle transporting or using motor fuel on
  12-53  the demand of a peace officer or the comptroller;
  12-54              (2)  is required to hold a valid trip permit or
  12-55  interstate trucker's permit, but operates a motor vehicle in this
  12-56  state without a valid trip permit or interstate trucker's permit;
  12-57              (3)  operates a liquefied gas-propelled motor vehicle
  12-58  that is required to be licensed in Texas, including a motor vehicle
  12-59  equipped with dual carburetion, and does not display a current
  12-60  liquefied gas tax decal or multistate fuels tax agreement decal;
  12-61              (4)  transports gasoline or diesel fuel in any cargo
  12-62  tank that has a connection by pipe, tube, valve, or otherwise with
  12-63  the fuel injector or carburetor or with the fuel supply tank
  12-64  feeding the fuel injector or carburetor of the motor vehicle
  12-65  transporting the product;
  12-66              (5)  sells or delivers gasoline or diesel fuel from a
  12-67  fuel supply tank that is connected with the fuel injector or
  12-68  carburetor of a motor vehicle;
  12-69              (6)  owns or operates a motor vehicle for which reports
  12-70  or mileage records are required by this chapter without an
   13-1  operating odometer or other device in good working condition to
   13-2  record accurately the miles traveled;
   13-3              (7)  as a diesel tax prepaid user fails to prepay the
   13-4  tax on every diesel-powered motor vehicle owned or operated by him;
   13-5              (8)  makes a tax-free sale or delivery of liquefied gas
   13-6  into the fuel supply tank of a motor vehicle that does not display
   13-7  a current Texas liquefied gas tax decal;
   13-8              (9)  makes a sale or delivery of liquefied gas on which
   13-9  the person knows the tax is required to be collected, if at the
  13-10  time the sale is made the person does not hold a valid dealer's
  13-11  permit;
  13-12              (10)  makes a tax-free sale or delivery of liquefied
  13-13  gas into the fuel supply tank of a motor vehicle bearing
  13-14  out-of-state license plates;
  13-15              (11)  makes a tax-free or taxable sale or delivery of
  13-16  liquefied gas into the fuel supply tank of a motor vehicle bearing
  13-17  Texas license plates and no Texas liquefied gas tax decal;
  13-18              (12)  refuses to permit the comptroller or the attorney
  13-19  general to inspect, examine, or audit a book or record required to
  13-20  be kept by a distributor, supplier, user, dealer, interstate
  13-21  trucker, aviation fuel dealer, jobber, common or contract carrier,
  13-22  or any person required to hold a permit under this chapter;
  13-23              (13)  refuses to permit the comptroller or the attorney
  13-24  general to inspect or examine any plant, equipment, materials, or
  13-25  premises where motor fuel is produced, processed, stored, sold,
  13-26  delivered, or used;
  13-27              (14)  refuses to permit the comptroller or the attorney
  13-28  general to measure or gauge the contents of or take samples from a
  13-29  storage tank or container on premises where motor fuel is produced,
  13-30  processed, stored, sold, delivered, or used;
  13-31              (15)  is a distributor, bonded user, interstate
  13-32  trucker, or supplier and fails or refuses to make or deliver to the
  13-33  comptroller a report required by this chapter to be made and
  13-34  delivered to the comptroller;
  13-35              (16)  conceals motor fuel with the intent of engaging
  13-36  in any conduct proscribed by this chapter or refuses to make sales
  13-37  of motor fuel on the volume-corrected basis prescribed by this
  13-38  chapter;
  13-39              (17)  refuses, while transporting motor fuel, to stop
  13-40  the motor vehicle he is operating when called on to do so by a
  13-41  person authorized to stop the motor vehicle;
  13-42              (18)  refuses to surrender a motor vehicle and cargo
  13-43  for impoundment after being ordered to do so by a person authorized
  13-44  to impound the motor vehicle and cargo;
  13-45              (19)  transports motor fuel for which a cargo manifest
  13-46  is required to be carried without possessing or exhibiting on
  13-47  demand by an officer authorized to make the demand a cargo manifest
  13-48  containing the information required to be shown on the manifest;
  13-49              (20)  mutilates, destroys, or secretes a book or record
  13-50  required by this chapter to be kept by a distributor, supplier,
  13-51  user, dealer, interstate trucker, aviation fuel dealer, jobber, or
  13-52  person required to hold a permit under this chapter;
  13-53              (21)  is a distributor, supplier, user, dealer,
  13-54  interstate trucker, aviation fuel dealer, jobber, or other person
  13-55  required to hold a permit under this chapter, or the agent or
  13-56  employee of one of those persons and makes a false entry or fails
  13-57  to make an entry in the books and records required under this
  13-58  chapter to be made by the person;
  13-59              (22)  transports in any manner motor fuel under a false
  13-60  cargo manifest;
  13-61              (23)  engages in a motor fuel transaction that requires
  13-62  that the person have a permit under this chapter without then and
  13-63  there holding the required permit;
  13-64              (24)  makes and delivers to the comptroller a report
  13-65  required under this chapter to be made and delivered to the
  13-66  comptroller, if the report contains false information;
  13-67              (25)  forges, falsifies, or alters an invoice
  13-68  prescribed by law;
  13-69              (26)  makes any statement, knowing said statement to be
  13-70  false, in a claim for a tax refund filed with the comptroller;
   14-1              (27)  furnishes to a supplier a signed statement for
   14-2  purchasing diesel fuel tax free when he owns, operates, or acquires
   14-3  a diesel-powered motor vehicle;
   14-4              (28)  holds an aviation fuel dealer's permit and makes
   14-5  a taxable sale or use of any gasoline or diesel fuel;
   14-6              (29)  fails to remit any tax funds collected by a
   14-7  distributor, supplier, user, dealer, interstate trucker, jobber, or
   14-8  any other person required to hold a permit under this chapter;
   14-9              (30)  makes a sale of diesel fuel tax free into a
  14-10  storage facility of a person who:
  14-11                    (A)  is not permitted as a supplier, as an
  14-12  aviation fuel dealer, as a bonded user, or as a diesel tax prepaid
  14-13  user of diesel fuel; or
  14-14                    (B)  does not furnish to the permitted supplier a
  14-15  signed statement prescribed in Section 153.205 of this code;
  14-16              (31)  makes a sale of gasoline tax free to any person
  14-17  who is not permitted as either a distributor or an aviation fuel
  14-18  dealer;
  14-19              (32)  is a dealer who purchases any motor fuel tax free
  14-20  when not authorized to make a tax-free purchase under this chapter;
  14-21  or
  14-22              (33)  is a dealer who purchases motor fuel with the
  14-23  intent to evade any tax imposed by this chapter.
  14-24        SECTION 35.  Subsection (c), Section 153.118, Tax Code, is
  14-25  repealed.
  14-26        SECTION 36.  Subsection (d), Section 153.221, Tax Code, is
  14-27  repealed.
  14-28        SECTION 37.  This Act takes effect September 1, 1993; except
  14-29  that Sections 13, 24, 35, and 36 take effect July 1, 1995.
  14-30        SECTION 38.  The importance of this legislation and the
  14-31  crowded condition of the calendars in both houses create an
  14-32  emergency and an imperative public necessity that the
  14-33  constitutional rule requiring bills to be read on three several
  14-34  days in each house be suspended, and this rule is hereby suspended.
  14-35                               * * * * *
  14-36                                                         Austin,
  14-37  Texas
  14-38                                                         April 22, 1993
  14-39  Hon. Bob Bullock
  14-40  President of the Senate
  14-41  Sir:
  14-42  We, your Committee on Finance to which was referred S.B. No. 894,
  14-43  have had the same under consideration, and I am instructed to
  14-44  report it back to the Senate with the recommendation that it do
  14-45  pass and be printed.
  14-46                                                         Montford,
  14-47  Chairman
  14-48                               * * * * *
  14-49                               WITNESSES
  14-50                                                  FOR   AGAINST  ON
  14-51  ___________________________________________________________________
  14-52  Name:  Don Lawrence                                            x
  14-53  Representing:  State Comptroller
  14-54  City:  Austin
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