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.