By Wentworth                                          S.B. No. 1283
         76R7829 CBH-D                          
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of certain political subdivisions to
 1-3     impose a gasoline tax in the political subdivision and to the use
 1-4     of the revenue from the tax.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Title 3, Tax Code, is amended by adding Subtitle
 1-7     E to read as follows:
 1-8                     SUBTITLE E.  LOCAL MOTOR FUEL TAXES
 1-9                      CHAPTER 371.  LOCAL GASOLINE TAX
1-10                      SUBCHAPTER A.  GENERAL PROVISIONS
1-11           Sec. 371.001.  DEFINITIONS.  In this chapter:
1-12                 (1)  "Aviation fuel dealer" has the meaning assigned by
1-13     Section 153.001.
1-14                 (2)  "Dealer" has the meaning assigned by Section
1-15     153.001.
1-16                 (3)  "Distributor" has the meaning assigned by Section
1-17     153.001.
1-18                 (4)  "Gasoline" has the meaning assigned by Section
1-19     153.001.
1-20                 (5)  "Gasoline jobber" has the meaning assigned by
1-21     Section 153.001.
1-22                 (6)  "Motor vehicle" has the meaning assigned by
1-23     Section 153.001.
1-24                 (7)  "Public highway" has the meaning assigned by
 2-1     Section 153.001.
 2-2                 (8)  "Sale" has the meaning assigned by Section
 2-3     153.001.
 2-4              (Sections 371.002-371.020 reserved for expansion
 2-5        SUBCHAPTER B. AUTHORITY OF CERTAIN POLITICAL SUBDIVISIONS TO
 2-6                             IMPOSE GASOLINE TAX
 2-7           Sec. 371.021.  GASOLINE TAX AUTHORIZED.  (a)  A political
 2-8     subdivision of this state by order may adopt or abolish a local one
 2-9     cent gasoline tax if  the adoption or abolition is authorized at an
2-10     election in which a majority of the qualified voters of the
2-11     political subdivision voting at an election held for that purpose
2-12     approve the adoption or abolition.
2-13           (b)  A tax authorized by this chapter is imposed at the rate
2-14     of one cent on each gallon or fractional gallon of gasoline sold in
2-15     the political subdivision to propel a motor vehicle on the public
2-16     highways.
2-17           (c)  The tax collected under this chapter may be used only by
2-18     the political subdivision to repair or maintain roads in the
2-19     political subdivision that the political subdivision has the
2-20     authority under other law to repair or maintain.
2-21           Sec. 371.022.  ELECTION.  (a)  The governing body of a
2-22     political subdivision may order an election on the question of
2-23     imposing or abolishing the local gasoline tax under this chapter.
2-24           (b)  The governing body shall order an election on the
2-25     question of imposing or abolishing the tax if the governing body
2-26     receives a petition requesting the election signed by a number of
2-27     registered voters of the political subdivision equal to at least
 3-1     five percent of the total vote received in the political
 3-2     subdivision by all candidates for governor in the most recent
 3-3     gubernatorial general election.
 3-4           (c)  The ballot at an election to impose the tax must be
 3-5     printed to permit voting for or against the proposition:
 3-6     "Authorizing ________ (insert name of political subdivision) to
 3-7     impose a local gasoline tax at the rate of one cent per gallon of
 3-8     gasoline for the purpose of repairing and maintaining roads."
 3-9           (d)  The ballot at an election to abolish the tax must be
3-10     printed to permit voting for or against the proposition:
3-11     "Abolishing the local gasoline tax in __________ (insert name of
3-12     political subdivision)."
3-13           (e)  The Election Code governs an election held under this
3-14     chapter.
3-15           Sec. 371.023.  EFFECTIVE DATES.  The imposition or abolition
3-16     of a tax imposed under this chapter takes effect on the date
3-17     prescribed by the order imposing or abolishing the tax.
3-18           Sec. 371.024.  FREQUENCY OF ELECTION.  An election under this
3-19     chapter in a political subdivision may not be held before the first
3-20     anniversary of the date of a previous election under this chapter
3-21     in the political subdivision.
3-22              (Sections 371.025-371.050 reserved for expansion
3-23                      SUBCHAPTER C.  IMPOSITION OF TAX
3-24           Sec. 371.051.  IMPOSITION OF TAX.  In a political subdivision
3-25     that has adopted the tax authorized by this chapter, there is
3-26     imposed a one cent tax on each gallon of gasoline, or fractional
3-27     part, sold in the political subdivision to a person who uses or
 4-1     consumes the gasoline to propel a motor vehicle on the public
 4-2     highways of this state.
 4-3           Sec. 371.052.  COMPUTATION OF TAX.  (a)  The amount of the
 4-4     tax shall be computed and paid on the volume of gallons of taxable
 4-5     gasoline sold in the political subdivision to persons who use or
 4-6     consume the gasoline to propel a motor vehicle on the public
 4-7     highways of this state.
 4-8           (b)  If a political subdivision is not satisfied with a tax
 4-9     return or the amount of tax required to be paid, the political
4-10     subdivision may compute and determine the amount required to be
4-11     paid on the basis of the beginning inventory, showing the total
4-12     gallons of gasoline in storage at the location on the first day of
4-13     the calendar month, plus the total gallons of gasoline delivered
4-14     into the storage facility during the month, less the total gallons
4-15     of gasoline in the storage facility at the end of the calendar
4-16     month.
4-17           Sec. 371.053.  EXCEPTIONS.  The tax imposed by this chapter
4-18     does not apply to gasoline:
4-19                 (1)  delivered by a permitted distributor to a common
4-20     or contract carrier, an oceangoing vessel, including a ship,
4-21     tanker, or boat, or a barge for export from this state if the
4-22     gasoline is promptly moved outside the state;
4-23                 (2)  sold to the federal government for its exclusive
4-24     use;
4-25                 (3)  delivered by a permitted distributor into a
4-26     storage facility of a permitted aviation fuel dealer from which
4-27     gasoline will be delivered solely into the fuel supply tanks of
 5-1     aircraft or aircraft servicing equipment;
 5-2                 (4)  sold by one aviation fuel dealer to another
 5-3     aviation fuel dealer who will deliver the aviation fuel exclusively
 5-4     into the fuel supply tanks of aircraft or aircraft servicing
 5-5     equipment;
 5-6                 (5)  sold to a public school district in this state for
 5-7     its exclusive use; or
 5-8                 (6)  sold to a commercial transportation company that
 5-9     provides public school transportation services to a school district
5-10     under Section 34.008, Education Code, and used by the company
5-11     exclusively to provide those services.
5-12           Sec. 371.054.  COLLECTION OF TAX; ALLOWANCE.  (a)  A person
5-13     who makes a sale of gasoline in the political subdivision that is
5-14     subject to taxation under this chapter shall at the time of sale
5-15     collect the tax from the purchaser or recipient of the gasoline.
5-16           (b)  The seller shall add the tax to the price of the
5-17     gasoline, and when added, the tax is:
5-18                 (1)  a part of the sales price;
5-19                 (2)  a debt owed to the seller by the person purchasing
5-20     the gasoline; and
5-21                 (3)  recoverable at law in the same manner as the
5-22     charge for the gasoline.
5-23           (c)  The tax on two percent of the taxable gallons of
5-24     gasoline sold in the political subdivision shall be allocated to
5-25     the distributor, gasoline jobber, dealer, or other person paying
5-26     the tax to the political subdivision under this chapter for the
5-27     expenses of collecting, accounting for, reporting, and remitting
 6-1     the tax collected and of keeping records.
 6-2           Sec. 371.055.  REPORTS AND PAYMENTS.  (a)  A distributor,
 6-3     gasoline jobber, dealer, or other person required to collect the
 6-4     tax imposed by this chapter in a political subdivision shall file
 6-5     each report or supplement required by the political subdivision and
 6-6     remit the amount of tax required to be collected.
 6-7           (b)  The report shall be executed by the person collecting
 6-8     the tax or by that person's representative using a form provided or
 6-9     approved by the political subdivision.  The report must include
6-10     complete and detailed information, as required by the political
6-11     subdivision, of gasoline transactions in the political subdivision.
6-12           (c)  A person required to file a report under this section
6-13     who has not sold any gasoline in the political subdivision during
6-14     the reporting period shall file the report with the political
6-15     subdivision and include that information in the report.  Failure to
6-16     obtain a form from the political subdivision does not excuse a
6-17     person from filing a report under this section.
6-18           Sec. 371.056.  REFUND.  (a)  A person who has paid the tax
6-19     imposed by this chapter on gasoline used by the person for a
6-20     purpose other than to propel a motor vehicle on the public highways
6-21     of this state or for a use exempted under Section 371.053 may file
6-22     a claim for a refund.
6-23           (b)  A political subdivision shall prescribe the procedures a
6-24     person must use to obtain a refund under this section.
6-25              (Sections 371.057-371.100 reserved for expansion
6-26                      SUBCHAPTER D.  COLLECTION OF TAX
6-27           Sec. 371.101.  POLITICAL SUBDIVISION TO COLLECT AND
 7-1     ADMINISTER TAXES.  (a)  The political subdivision shall administer,
 7-2     collect, and enforce any tax imposed in  the political subdivision
 7-3     under this chapter.
 7-4           (b)  A political subdivision by order may prescribe
 7-5     penalties, including interest charges, for failure to keep records
 7-6     required by the political subdivision, to report when required, or
 7-7     to pay the tax when due.
 7-8           (c)  The attorney acting for the political subdivision may
 7-9     bring suit against a person who fails to collect a tax under this
7-10     chapter and to pay it over to the political subdivision as
7-11     required.
7-12           Sec. 371.102.  REQUIRED PERMIT.  A political subdivision may
7-13     require a dealer, gasoline jobber, distributor, or other person
7-14     required to collect, report, and pay a tax imposed by this chapter
7-15     to obtain a permit from the political subdivision.
7-16              (Sections 371.103-371.150 reserved for expansion
7-17                          SUBCHAPTER E. DEPOSIT AND
7-18                                USE OF TAXES
7-19           Sec. 371.151.  DEPOSIT OF LOCAL GASOLINE TAX.  A political
7-20     subdivision shall deposit revenue from the tax imposed under this
7-21     section in a special account in the general fund of the political
7-22     subdivision.
7-23           Sec. 371.152.  USE OF FUND.  The political subdivision may
7-24     use money in the special account only to repair and maintain roads
7-25     in the political subdivision that the political subdivision has the
7-26     authority under other law to repair or maintain.
7-27           SECTION 2.  Section 153.015, Tax Code, is amended to read as
 8-1     follows:
 8-2           Sec. 153.015.  OTHER MOTOR FUEL TAXES PROHIBITED; EXCEPTION.
 8-3     Except as provided by Chapter 371, the [The] taxes imposed by this
 8-4     chapter are in lieu of any other excise or occupation tax imposed
 8-5     by a political subdivision of the state on the sale, use, or
 8-6     distribution of gasoline, diesel fuel, or liquefied gas.
 8-7           SECTION 3.  This Act takes effect on the date on which the
 8-8     constitutional amendment proposed by S.J.R. No. ____, 76th
 8-9     Legislature, Regular Session, 1999, authorizing the imposition of a
8-10     local gasoline tax, takes effect.  If that amendment is not
8-11     approved by the voters, this Act has no effect.