CS S.B. 1183 75(R)BILL ANALYSIS


WAYS & MEANS
S.B. 1183
By: Brown (Holzheauser)
5-5-97
Committee Report (Unamended)



BACKGROUND 

Chapter 153, Tax Code (Motor Fuels Taxes), establishes the time-lines for
paying taxes on motor fuels, taking credits against motor fuels taxes, or
claiming refunds for taxes overpaid.  Section 111.108, Tax Code (Recovery
of Refund or Credit), allows the Comptroller of Public Accounts four years
to recover deficiencies, or overpayments of refunds and credits, while
Section 153.119, Tax Code (Refunds of Taxes Paid on Excepted Uses of
Gasoline), only allows petroleum marketers one year to take credits and
claim refunds. 

Persons with diesel tax prepaid user permits allowing them to transfer
fuel from an unattended fuel storage location into their motor vehicles
have prepaid the diesel motor fuels tax to the Comptroller's Office.  In
many areas of rural Texas these users receive their fuel for established
tax free purposes from an unattended bulk fuel storage facility.  These
users access the stored fuel on their own and are then billed for the fuel
by the petroleum marketer owning the storage facility. 

PURPOSE

The bill makes two changes in the administration and collection of motor
fuels taxes:  1)  the permissible period to claim a tax refund or credit
is extended from one to four years; 2)  allows persons holding diesel tax
prepaid user permits to transfer diesel fuel tax-free from an unattended
storage location into their motor vehicles. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.Amends Section 111.107, Tax Code (When Refund or Credit is
Permitted), by establishing specific statute of limitations for refunds or
credits related to overpayments of motor fuels taxes under Chapter 153,
Tax Code. 

SECTION 2.Amends Section 153.119(e), Tax Code (Refunds of Taxes Paid on
Expected Uses of Gasoline), by deleting the language relating to the one
year statute of limitation for a tax credit which may be claimed for
gasoline that has been exported, lost by accident, or sold to the U.S.
Government. 

SECTION 3.Amends Section 153.1195, Tax Code (Refunds and Credits for Bad
Debts), by adding Subsection (e) providing that a credit under this
section must be taken before the expiration of the applicable (four year)
limitation period as provided by Chapter 111, Tax Code (Collection
Procedures). 

SECTION 4.Amends Section 153.121, Tax Code (When Gasoline Tax Refund May
be Filed), by adding Subsection (d) which provides that a permitted
distributor who determines taxes were erroneously reported and remitted or
paid more taxes than were due because of a mistake of fact or law may take
credit on the monthly tax  report on which the error has occurred and tax
payment made to the comptroller. Establishes that this credit must be
taken before the expiration of the applicable (four year) period of
limitation as provided by Chapter 111, Tax Code (Collection Procedures). 

SECTION 5.Amends 153.2225, Tax Code (Refunds and Credits for Bad Debts),
by adding subsection (e) to provide that a credit under this section must
be taken before the expiration of the applicable (four year) period of
limitation as provided by Chapter 111, Tax Code (Collection Procedures). 

SECTION 6.Amends Section 153.224, Tax Code (When Diesel Fuel Tax Refund
May be Filed), by adding Subsection (d) which provides that a permitted
supplier or bonded user that determines taxes were erroneously reported or
paid more taxes than were due because of a mistake of fact or law may take
credit on the supplier or bonded user tax report on which the error has
occurred and tax payment made to the comptroller.  Provides that  the
credit must be taken before the expiration of the applicable (four year)
period of limitation as provided by Chapter 111, Tax Code (Collection
Procedures). 

SECTION 7.Effective date:  October 1, 1997.

SECTION 8.Emergency clause.