By Ramsay                                             H.B. No. 3502

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to refund, credits and exemptions from motor fuels taxes.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 111.107, Tax Code, is amended to read as

 1-5     follows:

 1-6           Except as otherwise expressly provided, a person may request

 1-7     a refund or a credit or the comptroller may make a refund or issue

 1-8     a credit for the overpayment of a tax imposed by this title at any

 1-9     time before the expiration of the period during which the

1-10     comptroller may assess a deficiency for the tax and not thereafter

1-11     unless the refund or credit is requested:

1-12                 (1)  under Subchapter B of Chapter 112  and the refund

1-13     is made or the credit is issued under a court order;

1-14                 (2)  under the provision of Section 111.104(c)(3)

1-15     applicable to a refund claim filed after a jeopardy or deficiency

1-16     determination becomes final;

1-17                 (3)  under Chapter 153, except as provided in Sections

1-18     153.121(d), 153.224(d), 153.1195(e), and 153.2225(e) of this code;

1-19     or

1-20                 (4)  under Section 151.318(g) or (n).

1-21           SECTION 2.  Section 153.119(e), Tax Code, is amended to read

1-22     as follows:

 2-1           (e)  A person who exports or loses by fire or other accident

 2-2     100 or more gallons of gasoline on which the tax has been paid, or

 2-3     sells gasoline in any quantity to the United States government for

 2-4     the exclusive use of that government on which the tax has been

 2-5     paid, may file a claim for a refund of the net tax paid to the

 2-6     state in the manner provided by this chapter or as the comptroller

 2-7     may direct.  [A permitted distributor who establishes proof

 2-8     satisfactory to the comptroller of export, loss by accident, or

 2-9     sale to the United States, may take a credit for the net amount of

2-10     the tax paid to the state on any subsequent monthly report and tax

2-11     payment made to the comptroller within one year after the date of

2-12     the exportation, loss, or sale.]

2-13           SECTION 3.  Section 153.1195, Tax Code, is amended by adding

2-14     Subsection (e), to read as follows:

2-15           (e)  A credit under this section must be taken before the

2-16     expiration of the applicable limitation period as provided by

2-17     Chapter 111 of this Code.

2-18           SECTION 4.  Section 153.121, Tax Code, is amended by adding

2-19     Subsection (d), to read as follows:

2-20           (d)  A permitted distributor that determines taxes were

2-21     erroneously reported and remitted or paid more taxes than were due

2-22     this state because of a mistake of fact or law may take a credit on

2-23     the monthly tax report on which the error has occurred and tax

2-24     payment made to the comptroller.  The credit must be taken before

2-25     the expiration of the applicable period of limitation as provided

2-26     by Chapter 111 of this Code.

2-27           SECTION 5.  Section 153.203, Tax Code, is amended to read as

 3-1     follows:

 3-2           The tax imposed by this subchapter does not apply to:

 3-3                 (1)  diesel fuel delivered by a permitted supplier to a

 3-4     common or contract carrier, oceangoing vessel (including ship,

 3-5     tanker, or boat), or barge for export from this state, if the

 3-6     diesel fuel is moved forthwith outside this state;

 3-7                 (2)  diesel fuel sold by a permitted supplier to the

 3-8     federal government for its exclusive use;

 3-9                 (3)  diesel fuel sold or delivered by a permitted

3-10     supplier to another permitted supplier or bonded user, to the bulk

3-11     storage facility of a diesel tax prepaid user, or to a purchaser

3-12     who provides a signed statement as provided by Section 153.205 of

3-13     this code, but not including a delivery of tax-free diesel fuel

3-14     into the fuel supply tanks of a motor vehicle, except for a motor

3-15     vehicle owned by the federal government;

3-16                 (4)  diesel fuel sold or delivered by a permitted

3-17     supplier into the storage facility of a permitted aviation fuel

3-18     dealer, from which diesel fuel will be sold or delivered solely

3-19     into the fuel supply tanks of aircraft or aircraft servicing

3-20     equipment;

3-21                 (5)  diesel fuel sold or delivered by a permitted

3-22     supplier into fuel supply tanks of railway engines, motorboats, or

3-23     refrigeration units or other stationary equipment powered by a

3-24     separate motor from a separate fuel supply tank;

3-25                 (6)  kerosene when delivered by a permitted supplier

3-26     into a storage facility at a retail business from which all

3-27     deliveries are exclusively for heating, cooking, lighting, or

 4-1     similar nonhighway use;

 4-2                 (7)  diesel fuel sold or delivered by one aviation fuel

 4-3     dealer to another aviation fuel dealer who will deliver the diesel

 4-4     fuel exclusively into the supply tanks of aircraft or aircraft

 4-5     servicing equipment;

 4-6                 (8)  diesel fuel sold by a permitted supplier to a

 4-7     public school district in this state for its exclusive use; or

 4-8                 (9)  diesel fuel sold by a permitted supplier to a

 4-9     commercial transportation company that provides public school

4-10     transportation services to a school district under Section 21.181,

4-11     Education Code, and used by the company exclusively to provide

4-12     those services.

4-13           SECTION 6.  Section 153.210(a), Tax Code, is amended to read

4-14     as follows:

4-15           (a)  A diesel tax prepaid user permit authorizes a person

4-16     whose use of diesel fuel is predominantly for nonhighway use, but

4-17     who owns or operates one or more passenger cars or light trucks

4-18     only in the weight class shown in this section to elect to prepay

4-19     an annual tax on the fuel delivered from his own tax-free storage.

4-20     If he elects to obtain a diesel tax prepaid user permit, he must

4-21     prepay the tax at the rate prescribed for each motor vehicle based

4-22     on the class of registered gross weight.  A person whose purchases

4-23     of diesel fuel are predominantly for highway use does not qualify

4-24     for a diesel tax prepaid user permit.

4-25           SECTION 7.  Section 153.2225, Tax Code, is amended by adding

4-26     Subsection (e), to read as follows:

4-27           (e)  A credit under this section must be taken before the

 5-1     expiration of the applicable limitation period as provided by

 5-2     Chapter 111 of this code.

 5-3           SECTION 8.  Section 153.224, Tax Code, is amended by adding

 5-4     Subsection (d), to read as follows:

 5-5           (d)  A permitted supplier or bonded user that determines

 5-6     taxes were erroneously reported and remitted or paid more taxes

 5-7     than were due the state because of mistake of fact or law may take

 5-8     a credit on the supplier or bonded user tax report on which the

 5-9     error has occurred and tax payment made to the comptroller.  The

5-10     credit must be taken before the expiration of the applicable period

5-11     of limitation as provided by Chapter 111 of this code.

5-12           SECTION 9.  This act takes effect October 1, 1997 and applies

5-13     to gasoline or diesel fuel purchased on or after that date.

5-14     Gasoline or diesel fuel purchased before that date is governed by

5-15     the law in effect on the date of purchase, and that law is

5-16     continued in effect for the collection of taxes due.

5-17           SECTION 10.  The importance of this legislation and the

5-18     crowded condition of the calendars in both houses create an

5-19     emergency and an imperative public necessity that the

5-20     constitutional rule requiring bills to be read on three several

5-21     days in each house be suspended, and this rule is hereby suspended.