By Oliveira H.B. No. 3159 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 a diesel fuel tax exemption on certain commercial motor 1-3 vehicles and refunds. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 153.203, Subtitle E, Tax Code, is amended 1-6 by adding subsection (10) to read as follows: 1-7 (10) diesel fuel sold by a permitted supplier to the 1-8 owner of commercial motor vehicles as defined in Title 7, Subtitle 1-9 C, Chapter 584, Section 548.001 (B), Transportation Code, when such 1-10 diesel fuel is used in the transportation of passengers in 1-11 intercity scheduled bus service betweenpoints in Texas over fixed 1-12 routes. 1-13 SECTION 2. Section 153.222, Subtitle E, Tax Code, is amended 1-14 to read as follows: 1-15 Sec. 153.222. Refunds of Taxes paid on Excepted Uses of Diesel 1-16 Fuel 1-17 (a) A dealer or diesel fuel jobber who has paid tax on 1-18 diesel fuel that has been used or sold for use by the dealer or 1-19 diesel fuel jobber for any purpose other than propelling a motor 1-20 vehicle on the public highways of this state or that has been sold 1-21 to the United States or a public school district in this state for 2-1 the exclusive of the purchaser, or to a commercial transportation 2-2 company for exclusive use in providing public schooltransportation 2-3 services to a school district under Section 34.008, Education Code, 2-4 without adding the amount of the tax to his selling price, and a 2-5 user who has paid tax on any diesel fuel that has been used by him 2-6 for a purpose other than propelling a motor vehicle on the public 2-7 highways, is a public school district and has paid the tax on 2-8 diesel fuel purchased for its exclusive use, or its commercial 2-9 transportation company and has paid the tax on diesel fuel used by 2-10 the company exclusively to provide public school transportation 2-11 services to a school district under Section 34.008, Education Code, 2-12 or is the owner of commercial motor vehicles as defined in Title 7, 2-13 Subtitle C, Chapter 584, Section 548.001 (B), Transportation Code, 2-14 which has passed the tax on diesel fuel used by the owner in the 2-15 transportation of passengers in intercity scheduled bus services 2-16 between points in Texas, over fixed routes, may file a claim for a 2-17 refund of taxes paid, less the deduction allowed vendors and a 2-18 filing fee. 2-19 SECTION 3. This Act takes effect September 1, 1999. 2-20 SECTION 4. The importance of this legislation and the 2-21 crowded condition of the calendars in both houses create an 2-22 emergency and an imperative public necessity that the 2-23 constitutional rule requiring bills to be read on three several 2-24 days in each house be suspended, and this rule is hereby suspended.