HBA-SEB, JRA C.S.H.B. 3159 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3159 By: Oliveira Ways & Means 4/13/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, buses providing public transportation are partially exempt from the federal diesel fuel tax and only school buses can file for state diesel fuel tax refunds. Airlines and railroads are subsidized by federal funds and are completely exempt from state diesel fuel tax. Bus operators are currently facing increased costs, due to retrofitting required by the Americans with Disabilities Act. Without some form of state subsidy, intercity bus service may be discontinued to some small towns and rural areas. C.S.H.B. 3159 exempts buses transporting passengers in intercity scheduled bus service in Texas from the state diesel fuel tax. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 153.203, Tax Code, to include, in the list of items exempt from diesel fuel tax, diesel fuel sold by a permitted supplier to a person other than a political subdivision who owns, controls, operates, or manages a commercial motor vehicle designed to transport more than 15 passengers. Establishes that this exemption applies to diesel fuel that is delivered exclusively into the supply tank of the commercial motor vehicle and is used exclusively to transport passengers for compensation or hire between points in this state on a fixed route or schedule. Makes a conforming change. SECTION 2. Amends Section 153.222(a), Tax Code, to authorize a person to file a claim for a refund of diesel fuel taxes paid, less the deduction allowed vendors and a filing fee, if the person has paid tax on diesel fuel used in a commercial motor vehicle designed to transport more than 15 passengers. SECTION 3. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original in SECTION 1 by amending Section 152.203, Tax Code, to modify the tax exemption on diesel fuel for commercial motor vehicles designed to transport more than 15 passengers. The substitute exempts diesel fuel that is sold to a person other than a political subdivision who owns, controls, operates, or manages such a vehicle. The original exempted diesel fuel sold only to the owner of the vehicle. The substitute makes the tax exemption applicable if the fuel is delivered exclusively into the supply tank of the commercial motor vehicle and is used exclusively to transport passengers for compensation or hire between points in this state on a fixed route or schedule. The original made the exemption applicable simply if the fuel was used in intercity scheduled bus service between points in Texas over fixed routes. The substitute modifies the original in SECTION 2 to conform to the changes in SECTION 1. The substitute modifies the original in SECTION 3 to add a prospective clause.