1-1     By:  Bivins, Armbrister, Wentworth                    S.B. No. 1547
 1-2           (In the Senate - Filed March 12, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on Finance; April 22, 1999,
 1-4     reported adversely, with favorable Committee Substitute by the
 1-5     following vote:  Yeas 11, Nays 0; April 22, 1999, sent to printer.)
 1-6     COMMITTEE SUBSTITUTE FOR S.B. No. 1547                By:  Moncrief
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to the collection of the tax on motor fuels; providing
1-10     penalties.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 153.001, Tax Code, is amended by amending
1-13     Subdivisions (8) and (19) and adding Subdivisions (28) through (36)
1-14     to read as follows:
1-15                 (8)  "Diesel tax prepaid user" means a person:
1-16                       (A)  whose purchases of diesel fuel are
1-17     predominantly for agricultural nonhighway use;
1-18                       (B)  whose only diesel-powered motor vehicles are
1-19     passenger cars or light trucks; and
1-20                       (C)  who elects to prepay an annual diesel fuel
1-21     tax to the comptroller on each diesel-powered motor vehicle.
1-22                 (19)  "Motor fuel" includes gasoline, diesel fuel,
1-23     liquefied gas, and other products that are offered for sale, sold,
1-24     or used [usable] as propellants of a motor vehicle.
1-25                 (28)  "Blended fuel" means a mixture composed of
1-26     gasoline or diesel fuel and another liquid produced by a blending
1-27     process, other than a de minimis amount of a product such as
1-28     carburetor detergent or oxidation inhibitor, that can be offered
1-29     for sale, sold, or used as a fuel in a motor vehicle.
1-30                 (29)  "Blending" means the mixing together of one or
1-31     more products with other products to produce a product that is
1-32     offered for sale, sold, or used as a motor fuel.  The term does not
1-33     include the blending that may occur during the refining process by
1-34     the original refiner of crude petroleum or the commingling of
1-35     products during transportation in a pipeline.
1-36                 (30)  "Diversion number" means the number assigned by
1-37     the comptroller, or by a person to whom the comptroller delegates
1-38     or appoints the authority to assign the number, that relates to a
1-39     single cargo tank delivery of motor fuel that is diverted from the
1-40     original destination state printed on the shipping document.
1-41                 (31)  "Dyed diesel fuel" means diesel fuel that is
1-42     required to be dyed under United States Environmental Protection
1-43     Agency and Internal Revenue Service rules or in accordance with
1-44     other subsequent requirements prescribed by the agency or service,
1-45     including any invisible marker requirements.
1-46                 (32)  "Export" means to deliver motor fuel to a point
1-47     outside this state.  For purposes of this definition, motor fuel
1-48     delivered outside this state:
1-49                       (A)  by or for the seller constitutes an export
1-50     by the seller; and
1-51                       (B)  by or for the purchaser constitutes an
1-52     export by the purchaser.
1-53                 (33)  "Import" means to deliver motor fuel to a point
1-54     inside this state from a point outside this state.  For purposes of
1-55     this definition, motor fuel delivered into this state from outside
1-56     this state:
1-57                       (A)  by or for the seller constitutes an import
1-58     by the seller; and
1-59                       (B)  by or for the purchaser constitutes an
1-60     import by the purchaser.
1-61                 (34)  "Import verification number" means the number
1-62     assigned by the comptroller, or by a person to whom the comptroller
1-63     delegates or appoints the authority to assign the number, that
1-64     relates to a single cargo tank delivery into this state from
 2-1     another state after a request for an assigned number by an importer
 2-2     or by the common or contract carrier carrying taxable motor fuel
 2-3     into this state for the account of an importer.
 2-4                 (35)  "Shipping document" means a delivery document
 2-5     issued by a terminal or bulk plant operator in conjunction with the
 2-6     sale, transfer, or removal of motor fuel from the terminal or bulk
 2-7     plant.
 2-8                 (36)  "Undyed diesel fuel" means diesel fuel that is
 2-9     not subject to the United States Environmental Protection Agency
2-10     requirements or has not been dyed in accordance with the Internal
2-11     Revenue Service fuel dying provisions.
2-12           SECTION 2.  Subsection (a), Section 153.003, Tax Code, is
2-13     amended to read as follows:
2-14           (a)  All common and contract carriers operating in this state
2-15     shall keep for four years, open to inspection by the comptroller, a
2-16     complete and separate record of each intrastate and interstate
2-17     transportation of motor fuel.  The records of each intrastate and
2-18     interstate transportation of motor fuel required under Subsection
2-19     (b) shall be compiled into a report and supplements in a form or
2-20     manner determined by the comptroller.  On or before the 25th day of
2-21     the month following the end of each calendar quarter, a common or
2-22     contract carrier shall file a report showing complete and detailed
2-23     information on the transportation of motor fuel during the
2-24     preceding quarter.  The report must be executed by the common or
2-25     contract carrier or a representative of the carrier, and the
2-26     penalties provided by this chapter apply to any violation relating
2-27     to the report.  The comptroller by rule shall determine the
2-28     registration requirements for common or contract carriers
2-29     transporting motor fuel.
2-30           SECTION 3.  Subsection (d), Section 153.004, Tax Code, is
2-31     amended to read as follows:
2-32           (d)  Each person, other than a common carrier transporting
2-33     motor fuel under this chapter, shall also carry a copy of the
2-34     supplier, distributor, jobber, dyed diesel fuel bonded user, or
2-35     agricultural bonded user permit, or proof of tax payment on the
2-36     motor fuel being transported, unless the person is an end user
2-37     transporting the person's own motor fuel purchased under a signed
2-38     statement as provided by Section 153.205.
2-39           SECTION 4.  Section 153.006, Tax Code, is amended by adding
2-40     Subsection (e) to read as follows:
2-41           (e)  The comptroller may revoke a distributor's or supplier's
2-42     permit if the distributor or supplier purchases, for export, motor
2-43     fuel in this state on which the tax imposed by this chapter has not
2-44     been paid and subsequently diverts or causes the fuel to be
2-45     diverted to a destination in this state or to a destination in
2-46     another state or country other than the originally designated state
2-47     or country without first obtaining a diversion number.
2-48           SECTION 5.  Section 153.010, Tax Code, is amended to read as
2-49     follows:
2-50           Sec. 153.010.  AUTHORITY TO STOP AND EXAMINE.  In order to
2-51     enforce the provisions of this chapter, the comptroller or a peace
2-52     officer may stop a motor vehicle that appears to be operating with
2-53     or transporting motor fuel in order to examine the shipping
2-54     document, cargo manifest, or invoices required to be carried,
2-55     examine a permit or copy of a permit that may be required to be
2-56     carried, take samples from the fuel supply or cargo tanks, and make
2-57     any other investigation that could reasonably be made to determine
2-58     whether the taxes have been paid or accounted for by a distributor,
2-59     supplier, dealer, dyed diesel fuel bonded user, agricultural bonded
2-60     user, jobber, or any person required to be so permitted.  The
2-61     comptroller, a peace officer, an employee of the attorney general's
2-62     office, an employee of the Texas Natural Resource Conservation
2-63     Commission, or an employee of the Department of Agriculture may
2-64     take samples of motor fuel from any storage tank or container to:
2-65                 (1)  determine if the fuel contains hazardous waste or
2-66     is adulterated; or
2-67                 (2)  allow the comptroller to determine whether taxes
2-68     on the fuel have been paid or accounted for to this state.
2-69           SECTION 6.  Subsection (a), Section 153.013, Tax Code, is
 3-1     amended to read as follows:
 3-2           (a)  A distributor, supplier, dealer, interstate trucker,
 3-3     jobber, dyed diesel fuel bonded user, or agricultural bonded user
 3-4     who fails to keep a record, issue an invoice, or file a report
 3-5     required by this chapter, is presumed to have sold or used for
 3-6     taxable purposes all motor fuel shown by an audit by the
 3-7     comptroller to have been sold to the distributor, supplier, dealer,
 3-8     interstate trucker, jobber, or user.  Motor fuel unaccounted for is
 3-9     presumed to have been sold or used for taxable purposes.  The
3-10     comptroller may fix or establish the amount of taxes, penalties,
3-11     and interest due the state from the records of deliveries or from
3-12     any records or information available to him.  If a tax claim, as
3-13     developed from this procedure, is not paid, after the opportunity
3-14     to request a redetermination, the claim and any audit made by the
3-15     comptroller or any report filed by the distributor, supplier,
3-16     dealer, interstate trucker, jobber, dyed diesel fuel bonded user,
3-17     or agricultural bonded user, are evidence in any suit or judicial
3-18     proceedings filed by the attorney general, and are prima facie
3-19     evidence of the correctness of the claim or audit.  A prima facie
3-20     presumption of the correctness of the claim may be overcome at the
3-21     trial by evidence adduced by the distributor, supplier, dealer,
3-22     interstate trucker, jobber, or user.
3-23           SECTION 7.  Subchapter A, Chapter 153, Tax Code, is amended
3-24     by adding Section 153.018 to read as follows:
3-25           Sec. 153.018.  IMPORTATION AND EXPORTATION OF MOTOR FUEL.
3-26     (a)  A person may not import motor fuel to a destination in this
3-27     state or export motor fuel to a destination outside this state by
3-28     any means unless the person possesses a shipping document for that
3-29     fuel created by the terminal or bulk plant at which the fuel was
3-30     received.  The shipping document must include:
3-31                 (1)  the name and physical address of the terminal or
3-32     bulk plant from which the motor fuel was received for import or
3-33     export;
3-34                 (2)  the name of the carrier transporting the motor
3-35     fuel;
3-36                 (3)  the date the motor fuel was loaded;
3-37                 (4)  the type of motor fuel;
3-38                 (5)  the number of gallons:
3-39                       (A)  in temperature-adjusted gallons if purchased
3-40     from a terminal for export or import; or
3-41                       (B)  in temperature-adjusted gallons or in gross
3-42     gallons if purchased from a bulk plant;
3-43                 (6)  the destination of the motor fuel as represented
3-44     by the purchaser of the motor fuel and the number of gallons of the
3-45     fuel to be delivered, if delivery is to only one state;
3-46                 (7)  the name, federal employer identification number,
3-47     permit number, and physical address of the purchaser of the motor
3-48     fuel;
3-49                 (8)  the name of the person responsible for paying the
3-50     tax imposed by this chapter, as given to the terminal by the
3-51     purchaser if different from the permitted supplier or distributor;
3-52     and
3-53                 (9)  any other information that, in the opinion of the
3-54     comptroller, is necessary for the proper administration of this
3-55     chapter.
3-56           (b)  The terminal or bulk plant shall provide the shipping
3-57     documents to the importer or exporter.
3-58           (c)  If motor fuel is to be delivered to more than one state,
3-59     the terminal shall document the split loads by issuing shipping
3-60     documents that list the destination state of each portion of the
3-61     motor fuel.
3-62           (d)  A terminal, a bulk plant, the carrier, the permitted
3-63     distributor or supplier, and the person that received the motor
3-64     fuel shall:
3-65                 (1)  retain a copy of the shipping document until at
3-66     least the fourth anniversary of the date the fuel is received; and
3-67                 (2)  provide a copy of the document to the comptroller
3-68     or any law enforcement officer not later than the 10th working day
3-69     after the date a request for the copy is received.
 4-1           (e)  An importer or exporter shall keep in the person's
 4-2     possession the shipping document issued by the terminal or bulk
 4-3     plant when transporting motor fuel imported into this state or for
 4-4     export from this state.  The importer or exporter shall show the
 4-5     document to the comptroller or a peace officer on request.  The
 4-6     comptroller may delegate authority to inspect the document to other
 4-7     governmental agencies.  The importer or exporter shall provide a
 4-8     copy of the shipping document to the person that receives the fuel
 4-9     when it is delivered.
4-10           (f)  The importer or exporter may deliver motor fuel only to
4-11     the destination state or states indicated on the shipping document.
4-12           (g)  An importer or exporter who wants to divert the delivery
4-13     of a single cargo tank of motor fuel from the destination state
4-14     printed on the shipping document must obtain a diversion number
4-15     from the comptroller before diverting the delivery.  The importer,
4-16     exporter, or common or contract carrier must write the diversion
4-17     number on the shipping document issued for the fuel.  A diversion
4-18     number is required for each diverted delivery.  The comptroller may
4-19     appoint a person to assign diversion numbers or may delegate that
4-20     authority to another person.
4-21           (h)  An importer that acquires motor fuel for import by cargo
4-22     tank must obtain an import verification number from the comptroller
4-23     before importing the motor fuel.  The importer must write the
4-24     import verification number on the shipping document issued for the
4-25     fuel.  The importer must obtain a separate import confirmation
4-26     number for each cargo tank delivery of motor fuel into this state.
4-27     The comptroller may appoint a person to assign import verification
4-28     numbers or may delegate that authority to another person.
4-29           (i)  Each terminal shall post a notice in a conspicuous
4-30     location proximate to the point of receipt of shipping papers that
4-31     describes the duties of importers and exporters under this section.
4-32     The comptroller may prescribe the language, type, style, and format
4-33     of the notice.
4-34           SECTION 8.  Subsection (a), Section 153.112, Tax Code, is
4-35     amended to read as follows:
4-36           (a)  A distributor's permit is permanent and is valid so long
4-37     as the permittee has in force and effect the required bond or
4-38     security and furnishes timely reports and supplements as required,
4-39     or until the permit is surrendered by the holder or canceled by the
4-40     comptroller.  The comptroller shall [may] cancel a distributor's
4-41     permit if no purchase, sale, or use of gasoline has been reported
4-42     by the distributor for the prior nine [12] months.
4-43           SECTION 9.  Subsection (a), Section 153.117, Tax Code, is
4-44     amended to read as follows:
4-45           (a)  A distributor shall keep:
4-46                 (1)  a record showing the number of gallons of:
4-47                       (A) [(1)]  all gasoline inventories on hand at
4-48     the first of each month;
4-49                       (B) [(2)]  all gasoline refined, compounded, or
4-50     blended;
4-51                       (C) [(3)]  all gasoline purchased or received,
4-52     showing the name of the seller and date of each purchase or
4-53     receipt;
4-54                       (D) [(4)]  all gasoline sold, distributed, or
4-55     used, showing the name of the purchaser and the date of the sale or
4-56     use; and
4-57                       (E) [(5)]  all gasoline lost by fire or other
4-58     accident; and
4-59                 (2)  an itemized statement showing by load the number
4-60     of gallons of all gasoline:
4-61                       (A)  received during the preceding calendar month
4-62     for export and the location of the loading;
4-63                       (B)  exported from this state by destination
4-64     state or country; and
4-65                       (C)  imported during the preceding calendar month
4-66     by destination state or country.
4-67           SECTION 10.  Subsection (a), Section 153.118(a), Tax Code, is
4-68     amended to read as follows:
4-69           (a)  On or before the 25th day of each month, a distributor
 5-1     or other person liable to this state for payment of the tax imposed
 5-2     under this chapter shall file all reports and supplements as
 5-3     required by the comptroller, and remit the amount of tax required
 5-4     to be collected during the preceding month.  The report shall be
 5-5     executed by the distributor, the distributor's [or his]
 5-6     representative, or any other person required to report and shall be
 5-7     filed with the comptroller in a manner or on a form provided or
 5-8     approved by the comptroller, containing complete and detailed
 5-9     information not inconsistent with the requirements of this chapter
5-10     of gasoline transactions.  A distributor required to file a report
5-11     under this section who has not sold or used any gasoline during the
5-12     reporting period shall file with the comptroller the report setting
5-13     forth the facts or information.  The failure of a distributor or
5-14     other person to obtain forms or software from the comptroller is no
5-15     excuse for the failure to file a report containing all the
5-16     information required to be reported.
5-17           SECTION 11.  Section 153.203, Tax Code, is amended to read as
5-18     follows:
5-19           Sec. 153.203.  EXCEPTIONS.  The tax imposed by this
5-20     subchapter does not apply to:
5-21                 (1)  diesel fuel delivered by a permitted supplier to a
5-22     common or contract carrier, oceangoing vessel (including ship,
5-23     tanker, or boat), or barge for export from this state, if the
5-24     diesel fuel is moved forthwith outside this state;
5-25                 (2)  diesel fuel sold by a permitted supplier to the
5-26     federal government for its exclusive use;
5-27                 (3)  diesel fuel sold or delivered by a permitted
5-28     supplier to another permitted supplier or to the bulk storage
5-29     facility of an agricultural bonded user, or dyed diesel fuel sold
5-30     or delivered by a permitted supplier to the bulk storage facility
5-31     of a dyed diesel fuel bonded user, to the bulk storage facility of
5-32     a diesel tax prepaid user, or to a purchaser who provides a signed
5-33     statement as provided by Section 153.205 of this code, but not
5-34     including a delivery of tax-free diesel fuel into the fuel supply
5-35     tanks of a motor vehicle, except for a motor vehicle owned by the
5-36     federal government;
5-37                 (4)  diesel fuel sold or delivered by a permitted
5-38     supplier into the storage facility of a permitted aviation fuel
5-39     dealer, from which diesel fuel will be sold or delivered solely
5-40     into the fuel supply tanks of aircraft or aircraft servicing
5-41     equipment;
5-42                 (5)  diesel fuel sold or delivered by a permitted
5-43     supplier into fuel supply tanks of railway engines, motorboats, or
5-44     refrigeration units or other stationary equipment powered by a
5-45     separate motor from a separate fuel supply tank;
5-46                 (6)  kerosene when delivered by a permitted supplier
5-47     into a storage facility at a retail business from which all
5-48     deliveries are exclusively for heating, cooking, lighting, or
5-49     similar nonhighway use;
5-50                 (7)  diesel fuel sold or delivered by one aviation fuel
5-51     dealer to another aviation fuel dealer who will deliver the diesel
5-52     fuel exclusively into the supply tanks of aircraft or aircraft
5-53     servicing equipment;
5-54                 (8)  diesel fuel sold by a permitted supplier to a
5-55     public school district in this state for its exclusive use; or
5-56                 (9)  diesel fuel sold by a permitted supplier to a
5-57     commercial transportation company that provides public school
5-58     transportation services to a school district under Section 34.008,
5-59     Education Code, and used by the company exclusively to provide
5-60     those services.
5-61           SECTION 12.  Section 153.205, Tax Code, is amended by
5-62     amending Subsections (a), (b), (c), (e), (i), and (j) and adding
5-63     Subsection (k) to read as follows:
5-64           (a)  The first sale or use of diesel fuel in this state is
5-65     taxable, except that sales [the sale] of dyed diesel fuel, or of
5-66     undyed diesel fuel if the fuel will be used for an agricultural
5-67     purpose, may be made without collecting the tax if the purchaser
5-68     furnishes to a permitted supplier a signed statement, including an
5-69     end user number or agricultural user exemption number issued by the
 6-1     comptroller that stipulates that:
 6-2                 (1)  the purchaser does not operate any diesel-powered
 6-3     motor vehicles on the public highway;
 6-4                 (2)  all of the diesel fuel will be consumed by the
 6-5     purchaser and no diesel fuel purchased on a signed statement will
 6-6     be resold; and
 6-7                 (3)  none of the diesel fuel purchased in this state
 6-8     will be delivered or permitted by the purchaser to be delivered
 6-9     into fuel supply tanks of motor vehicles.
6-10           (b)  A person may not make a tax-free purchase of any diesel
6-11     fuel under this section using a signed statement:
6-12                 (1)  for the purchase of more than 3,000 gallons of
6-13     dyed or undyed diesel fuel in a single transaction; or
6-14                 (2)  in a calendar month in which the person has
6-15     previously purchased more than 10,000 gallons of dyed or undyed
6-16     diesel fuel from all sources.
6-17           (c)  The signed statement and end user number or agricultural
6-18     user exemption number from the purchaser relieves the permitted
6-19     supplier from the burden of proof that the sale of diesel fuel was
6-20     not taxable to the purchaser and remains in effect unless:
6-21                 (1)  the statement is revoked in writing by the
6-22     purchaser or supplier;
6-23                 (2)  the comptroller notifies the supplier in writing
6-24     that the purchaser may no longer make tax-free purchases; or
6-25                 (3)  the supplier is put on notice by making taxable
6-26     sales of diesel fuel to a purchaser who has previously submitted a
6-27     signed statement to this supplier.
6-28           (e)  A taxable use of any part of the dyed or undyed diesel
6-29     fuel purchased under a signed statement shall, in addition to any
6-30     criminal penalty, forfeit the right of the person to purchase dyed
6-31     or undyed diesel fuel tax free for a period of one year from the
6-32     date of the offense, and any tax, interest, and penalty found to be
6-33     due through false or erroneous execution or continuance of a
6-34     promissory statement by the purchaser, if assessed to the supplier,
6-35     is a debt of the purchaser to the supplier until paid, and is
6-36     recoverable at law in the same manner as the purchase price of the
6-37     fuel.  The person may, however, claim a refund of the tax paid on
6-38     any undyed diesel fuel used for nonhighway purposes under Section
6-39     153.222 [of this code].
6-40           (i)  A permitted supplier may not make a tax-free sale of
6-41     dyed diesel fuel, or undyed diesel fuel for agricultural purposes,
6-42     to a purchaser using a signed statement:
6-43                 (1)  for the sale of more than 3,000 gallons of dyed or
6-44     undyed diesel fuel in a single transaction; or
6-45                 (2)  in a calendar month in which the supplier has
6-46     previously sold more than 10,000 gallons of dyed or undyed diesel
6-47     fuel to the purchaser.
6-48           (j)(1)  A sale of dyed diesel fuel, or undyed diesel fuel for
6-49     agricultural purposes, may be made without collecting tax from [to]
6-50     a purchaser who operates one or more motor vehicles on the public
6-51     highway and who furnishes to a permitted supplier a signed
6-52     statement and end user number or agricultural user exemption number
6-53     only as provided in this subsection.
6-54                 (2)  The statement must stipulate that all the dyed or
6-55     undyed diesel fuel will be consumed by the purchaser for purposes
6-56     other than operating a motor vehicle on the public highway and that
6-57     no dyed or undyed diesel fuel purchased on a signed statement will
6-58     be resold or delivered into the fuel supply tanks of a motor
6-59     vehicle.
6-60                 (3)  Diesel fuel which may be sold without collection
6-61     of tax under this subsection must be of a type that may not be
6-62     legally used by the purchaser for the operation of a motor vehicle
6-63     on the public highway under state or federal law.
6-64                 (4)  Subsections (a), (c)(3), and (d) of this section
6-65     do not apply to sales of fuel under this subsection.
6-66           (k)  A person who wants to use a signed statement to purchase
6-67     dyed diesel fuel must apply to the comptroller for an end user
6-68     number to be used in conjunction with a signed statement.  A person
6-69     who wants to use a signed statement to purchase dyed or undyed
 7-1     diesel fuel for agricultural purposes must apply to the comptroller
 7-2     for an agricultural user exemption number to be used in conjunction
 7-3     with a signed statement.  A person may not make a tax-free sale of
 7-4     any diesel fuel to a purchaser using a signed statement unless the
 7-5     purchaser has an end user number or agricultural user exemption
 7-6     number issued by the comptroller under this subsection.
 7-7           SECTION 13.  Subsection (i), Section 153.206, Tax Code, is
 7-8     amended to read as follows:
 7-9           (i)  A dyed diesel fuel bonded user, an agricultural bonded
7-10     user, or a permitted interstate trucker is entitled to deduct
7-11     one-half of one percent of the taxable gallons of diesel fuel on
7-12     payment of the taxes to this state for the expense of
7-13     recordkeeping, reporting, and remitting the tax.
7-14           SECTION 14.  Subsection (a), Section 153.207, Tax Code, is
7-15     amended to read as follows:
7-16           (a)  A supplier, dyed diesel fuel bonded user, agricultural
7-17     bonded user, interstate trucker, diesel tax prepaid user, aviation
7-18     fuel dealer, or diesel fuel jobber shall file an application with
7-19     the comptroller for one of the nonassignable permits provided for
7-20     in this subchapter.
7-21           SECTION 15.  Subsection (b), Section 153.208, Tax Code, is
7-22     amended to read as follows:
7-23           (b)  A supplier's permit authorizes a person to sell tax-free
7-24     diesel fuel to:
7-25                 (1)  another supplier;
7-26                 (2)  a dyed diesel fuel bonded user or agricultural
7-27     bonded user;
7-28                 (3)  an aviation fuel dealer;
7-29                 (4)  a diesel prepaid user if delivered into his bulk
7-30     storage facilities only; and
7-31                 (5)  a person issuing a signed statement.
7-32           SECTION 16.  Section 153.209, Tax Code, is amended to read as
7-33     follows:
7-34           Sec. 153.209.  DYED DIESEL FUEL BONDED USER AND AGRICULTURAL
7-35     BONDED USER PERMITS [PERMIT].  (a)  A dyed diesel fuel bonded user
7-36     permit authorizes a user to purchase more than 10,000 gallons a
7-37     month of dyed diesel fuel for the user's own use [whose purchases
7-38     of diesel fuel are predominantly for nonhighway use to purchase
7-39     diesel fuel tax free from permitted suppliers and to report and pay
7-40     taxes to this state on that part of the diesel fuel that is
7-41     delivered into the fuel supply tanks of motor vehicles owned or
7-42     operated by him].
7-43           (b)  An agricultural bonded user permit authorizes a user to
7-44     purchase more than 10,000 gallons of dyed and undyed diesel fuel
7-45     for the user's own use for agricultural purposes only.
7-46           SECTION 17.  Subsection (a), Section 153.210, Tax Code, is
7-47     amended to read as follows:
7-48           (a)  A diesel tax prepaid user permit authorizes a person
7-49     whose use of diesel fuel is predominantly for agricultural
7-50     nonhighway use, but who owns or operates one or more passenger cars
7-51     or light trucks only in the weight class shown in this section to
7-52     elect to prepay an annual tax on the fuel delivered from his own
7-53     tax-free storage rather than obtain an agricultural [a] bonded user
7-54     permit.  If he elects to obtain a diesel tax prepaid user permit,
7-55     he must prepay the tax at the rate prescribed for each motor
7-56     vehicle based on the class of registered gross weight.  A person
7-57     whose purchases of diesel fuel are predominantly for highway use
7-58     does not qualify for a diesel tax prepaid user permit.
7-59           SECTION 18.  Section 153.214, Tax Code, is amended to read as
7-60     follows:
7-61           Sec. 153.214.  SUPPLIER MAY PERFORM OTHER FUNCTIONS.  A
7-62     supplier may operate under the supplier's permit as a dyed diesel
7-63     fuel bonded user, agricultural bonded user, dealer, or aviation
7-64     fuel dealer without securing a separate permit, but is subject to
7-65     all other conditions, requirements, and liabilities imposed on
7-66     those permittees.
7-67           SECTION 19.  Subsection (a), Section 153.215, Tax Code, is
7-68     amended to read as follows:
7-69           (a)  A supplier's permit, a dyed diesel fuel bonded user
 8-1     permit, and an agricultural bonded user permit are [is] permanent
 8-2     and valid as long as the permittee has in force and effect the
 8-3     required bond or security and furnishes timely reports and
 8-4     supplements as required, or until the permit is surrendered by the
 8-5     holder or canceled by the comptroller.  The comptroller shall [may]
 8-6     cancel a [supplier's or bonded user's] permit if no purchase, sale,
 8-7     or use of diesel fuel has been reported by the permittee [supplier
 8-8     or bonded user] for the prior nine [12] months.
 8-9           SECTION 20.  Subsection (a), Section 153.217, Tax Code, is
8-10     amended to read as follows:
8-11           (a)  The comptroller, on or before December 20 of each
8-12     calendar year, shall mail or distribute to each supplier a printed
8-13     alphabetical list of permitted suppliers, dyed diesel fuel bonded
8-14     users, agricultural bonded users, aviation fuel dealers, and diesel
8-15     fuel jobbers.  A permitted supplier, an agricultural [a] bonded
8-16     user, and an aviation fuel dealer on the list are qualified to
8-17     purchase dyed or undyed diesel fuel tax free during the following
8-18     calendar year.  A dyed diesel fuel bonded user on the list is
8-19     qualified to purchase dyed diesel fuel tax free during the
8-20     following calendar year.  A diesel fuel jobber on the list is
8-21     qualified to purchase diesel fuel tax-paid during the following
8-22     calendar year.  A supplemental list of additions and deletions
8-23     shall be delivered to each supplier each month.
8-24           SECTION 21.  Subsections (a), (b), (c), and (j), Section
8-25     153.218, Tax Code, are amended to read as follows:
8-26           (a)  The comptroller shall determine the amount of security
8-27     required of a supplier, dyed diesel fuel bonded user, agricultural
8-28     bonded user, or diesel fuel jobber taking into consideration the
8-29     amount of the tax that has or is expected to become due from the
8-30     person, any past history of the person as a supplier, dyed diesel
8-31     fuel bonded user, agricultural bonded user, or diesel fuel jobber,
8-32     and the necessity to protect the state against the failure to pay
8-33     the tax as it becomes due.
8-34           (b)  If it is determined that the posting of security is
8-35     necessary to protect the state, the comptroller may require a
8-36     supplier, dyed diesel fuel bonded user, or agricultural bonded user
8-37     to post a surety bond equal to two times the most amount of tax
8-38     that could accrue on tax-free diesel fuel purchased or acquired
8-39     during a reporting period.  A diesel fuel jobber shall post a bond
8-40     in an amount determined by the comptroller according to the past
8-41     payment history of the jobber.  The minimum bond for a supplier or
8-42     diesel fuel jobber is $30,000, and the maximum bond is $600,000.
8-43     The minimum bond for a dyed diesel fuel bonded user or agricultural
8-44     bonded user is $10,000, and the maximum bond is $600,000.  However,
8-45     if the comptroller determines there is undue risk of loss of tax
8-46     revenues, the comptroller may require one or more bonds or
8-47     securities in a total amount exceeding $600,000.
8-48           (c)  A supplier, dyed diesel fuel bonded user, agricultural
8-49     bonded user, or diesel fuel jobber who has filed a bond or other
8-50     security under this subchapter is exempted from the bond or other
8-51     security requirements of this subchapter and is entitled, on
8-52     request, to have the comptroller return, refund, or release the
8-53     bond or security if in the judgment of the comptroller the person
8-54     has for four consecutive years continuously complied with the
8-55     conditions of the bond or other security filed under this
8-56     subchapter.  However, if the comptroller determines that the
8-57     revenues of the state would be jeopardized by the return, refund,
8-58     or release of the bond or security, the comptroller may elect not
8-59     to return, refund, or release the bond or security, and may
8-60     reimpose a requirement of a bond or other security as the
8-61     comptroller determines is necessary to protect the revenues of the
8-62     state.
8-63           (j)  The comptroller shall notify immediately the issuer of a
8-64     letter of credit of a final determination of the supplier's, dyed
8-65     diesel fuel bonded user's, or agricultural bonded user's delinquent
8-66     liability or a judgment secured in any action by this state to
8-67     recover diesel taxes, costs, penalties, and interest found to be
8-68     due this state by a supplier, dyed diesel fuel bonded user, or
8-69     agricultural bonded user in whose behalf the letter of credit was
 9-1     issued.  The letter of credit allowed as security for the
 9-2     remittance of taxes under this subchapter shall contain a statement
 9-3     that the issuer agrees to respond to the comptroller's notice of
 9-4     liability with amounts to satisfy the comptroller's delinquency
 9-5     claim against the supplier, dyed diesel fuel bonded user, or
 9-6     agricultural bonded user.
 9-7           SECTION 22.  Section 153.219, Tax Code, is amended by
 9-8     amending Subsections (a) and (c) and adding Subsection (j) to read
 9-9     as follows:
9-10           (a)  A supplier shall keep a record showing the number of
9-11     gallons of:
9-12                 (1)  all diesel fuel inventories on hand at the first
9-13     of each month;
9-14                 (2)  all diesel fuel refined, compounded, or blended;
9-15                 (3)  all diesel fuel purchased or received, showing the
9-16     name of the seller, and the date of each purchase or receipt;
9-17                 (4)  all diesel fuel sold, distributed, or used on
9-18     which the tax was paid, showing the name of each [the] purchaser
9-19     and the date of sale, distribution, or use; and
9-20                 (5)  all diesel fuel lost by fire or other accident.
9-21           (c)  A dyed diesel fuel bonded user, an agricultural bonded
9-22     user, or other user with nonhighway equipment uses who files a
9-23     claim for a refund shall keep a record showing the number of
9-24     gallons of:
9-25                 (1)  inventories of all diesel fuel on hand at the
9-26     first of each month;
9-27                 (2)  all diesel fuel purchased or received, showing the
9-28     name of the seller and the date of each purchase;
9-29                 (3)  all diesel fuel deliveries into the fuel supply
9-30     tanks of motor vehicles;
9-31                 (4)  diesel fuel used for other purposes, showing the
9-32     purpose for which used; and
9-33                 (5)  all diesel fuel lost by fire or other accident.
9-34           (j)  A supplier shall keep:
9-35                 (1)  an itemized statement showing by load the number
9-36     of gallons of all diesel fuel received during the preceding
9-37     calendar month for export;
9-38                 (2)  an itemized statement showing by load the number
9-39     of gallons of all diesel fuel exported from this state by
9-40     destination state or country;
9-41                 (3)  an itemized statement showing by load the number
9-42     of gallons of all diesel fuel imported during the preceding
9-43     calendar month by destination state or country;
9-44                 (4)  an itemized statement differentiating between dyed
9-45     and undyed diesel fuel and showing by purchaser, end user number,
9-46     or agricultural user exemption number the number of gallons of dyed
9-47     and undyed diesel fuel sold tax free to a purchaser using a signed
9-48     statement in accordance with Section 153.205; and
9-49                 (5)  an itemized statement showing by purchaser and
9-50     permit number the number of gallons of dyed and undyed diesel fuel
9-51     sold tax free to dyed diesel fuel bonded users and agricultural
9-52     bonded users.
9-53           SECTION 23.  Subsection (a), Section 153.220, Tax Code, is
9-54     amended to read as follows:
9-55           (a)  A delivery of diesel fuel into the fuel supply tanks of
9-56     a motor vehicle operated for commercial purposes and described by
9-57     Section 153.001(12) shall be evidenced by an invoice issued in
9-58     duplicate by a dealer or an invoice or a distribution log issued by
9-59     a dyed diesel fuel bonded user, an agricultural bonded user, or
9-60     other user.
9-61           SECTION 24.  Subsections (a) and (b), Section 153.221, Tax
9-62     Code, are amended to read as follows:
9-63           (a)  On or before the 25th day of each month, a supplier, a
9-64     dealer required to collect the tax under Section 153.206(b), or a
9-65     user required to pay the tax under Section 153.206(c) shall file a
9-66     report of diesel fuel transactions or of diesel fuel delivered by a
9-67     user into the fuel tank of a motor vehicle owned or operated by the
9-68     user and such supplements as the comptroller may require and remit
9-69     the amount of tax required to be collected or to be paid during the
 10-1    preceding month.  A report must be filed on a form or in a manner
 10-2    provided by the comptroller and contain information required by the
 10-3    comptroller, showing complete and detailed information of diesel
 10-4    fuel transactions or use during the preceding month.  A supplier
 10-5    required to file a report under this section who has not sold,
 10-6    used, or distributed any diesel fuel during the reporting period
 10-7    shall file with the comptroller the report setting forth the facts
 10-8    or information.  The failure of a supplier, dealer, or user to
 10-9    obtain forms or software from the comptroller is no excuse for the
10-10    failure to file a report.  The report must be executed by the
10-11    supplier, dealer, or user, or his representative and is subject to
10-12    the penalties provided in this chapter.
10-13          (b)  On or before the 25th day of the month following the end
10-14    of each calendar quarter, a dyed diesel fuel bonded user, an
10-15    agricultural bonded user, or an interstate trucker shall file a
10-16    report and remit the amount of tax due [except as provided by
10-17    Subsection (d) of this section].  A report must be executed and
10-18    filed with the comptroller and contain complete and detailed
10-19    information on diesel fuel transactions during the preceding
10-20    calendar quarter and other information required by the comptroller
10-21    on forms or in a manner provided for that purpose.  A dyed diesel
10-22    fuel bonded user, an agricultural bonded user, or an interstate
10-23    trucker required to file a report under this section who has not
10-24    sold, used, or distributed any diesel fuel during the reporting
10-25    period shall file with the comptroller the report setting forth the
10-26    facts or information.  The failure of a dyed diesel fuel bonded
10-27    user, an agricultural bonded user, or an interstate trucker to
10-28    obtain forms or software from the comptroller is no excuse for the
10-29    failure to file a report containing all the information required to
10-30    be reported.
10-31          SECTION 25.  Subsection (d), Section 153.222, Tax Code, is
10-32    amended to read as follows:
10-33          (d)  If the quantity of diesel fuel used in Texas by
10-34    auxiliary power units or power take-off equipment on any motor
10-35    vehicle can be accurately measured while the motor vehicle is
10-36    stationary by any metering or other measuring device or method
10-37    designed to measure the fuel separately from fuel used to propel
10-38    the motor vehicle, the comptroller may approve and adopt the use of
10-39    any device as a basis for determining the quantity of diesel fuel
10-40    consumed in those operations for tax credit or tax refund.  If no
10-41    separate metering device or other approved measuring method is
10-42    provided, the following credit or refund procedures are authorized.
10-43    A permitted supplier, a dyed diesel fuel bonded user, or an
10-44    agricultural bonded user who operates diesel-powered motor vehicles
10-45    equipped with a power take-off or a diesel-powered auxiliary power
10-46    unit mounted on the motor vehicle and using the fuel supply tank of
10-47    the motor vehicle may be allowed a deduction from the taxable
10-48    gallons used in this state in each motor vehicle so equipped.  The
10-49    comptroller shall determine the percentage of the deduction.  A
10-50    user who is required to pay the tax on diesel fuel used in motor
10-51    vehicles so equipped may file a claim for a refund not to exceed
10-52    the percentage allowed by the comptroller of the total taxable fuel
10-53    used in this state in each motor vehicle so equipped.
10-54          SECTION 26.  Subsection (a), Section 153.223, Tax Code, is
10-55    amended to read as follows:
10-56          (a)  A refund claim must be filed with the comptroller on
10-57    forms provided by the comptroller and show the date of filing, the
10-58    period covered in the claim, the number of gallons of diesel fuel
10-59    subject to refund, and other information required by the
10-60    comptroller.  A claim must be supported by one or more original
10-61    invoices issued to or by the claimant, or such other information as
10-62    the comptroller deems necessary.  A permitted supplier may not file
10-63    a claim for a refund of taxes paid by a purchaser of undyed diesel
10-64    fuel.
10-65          SECTION 27.  Subsection (d), Section 153.224, Tax Code, is
10-66    amended to read as follows:
10-67          (d)  A permitted supplier, a dyed diesel fuel bonded user, or
10-68    an agricultural bonded user that determines taxes were erroneously
10-69    reported or that paid more taxes than were due this state because
 11-1    of a mistake of fact or law may take a credit on the supplier, dyed
 11-2    diesel fuel bonded user, or agricultural bonded user tax report on
 11-3    which the error has occurred and tax payment made to the
 11-4    comptroller.  The credit must be taken before the expiration of the
 11-5    applicable period of limitation as provided by Chapter 111.
 11-6          SECTION 28.  Subchapter C, Chapter 153, Tax Code, is amended
 11-7    by adding Sections 153.226 through 153.230 to read as follows:
 11-8          Sec. 153.226.  NOTICE REGARDING DYED DIESEL FUEL.  A notice
 11-9    stating "DYED DIESEL FUEL, NONTAXABLE USE ONLY, PENALTY FOR TAXABLE
11-10    USE" must be:
11-11                (1)  provided by a permitted supplier to a person who
11-12    receives dyed diesel fuel;
11-13                (2)  provided by a seller of dyed diesel fuel to the
11-14    person's buyer; and
11-15                (3)  posted by a seller on a retail pump or bulk plant
11-16    at which the person sells dyed diesel fuel for use by the person's
11-17    buyers.
11-18          Sec. 153.227.  DYED DIESEL FUEL NOTICE REQUIRED ON SHIPPING
11-19    DOCUMENTS, BILLS OF LADING, AND INVOICES.  The form of notice
11-20    required by Sections 153.226(1) and (2) must be provided when the
11-21    dyed diesel fuel is removed or sold and must appear on each
11-22    shipping document, bill of lading, cargo manifest, and invoice
11-23    accompanying the sale or removal of the dyed diesel fuel.
11-24          Sec. 153.228.  UNAUTHORIZED SALE OR USE OF DYED DIESEL FUEL.
11-25    (a)  A person may not sell or hold for sale dyed diesel fuel for
11-26    any use that the person knows or has reason to know is a taxable
11-27    use of the diesel fuel.
11-28          (b)  A person may not use or hold for use dyed diesel fuel
11-29    for a use other than a nontaxable use if the person knows or has
11-30    reason to know that the diesel fuel is dyed diesel fuel.
11-31          Sec. 153.229.  ALTERATION OF DYE OR MARKER IN DYED DIESEL
11-32    FUEL PROHIBITED.  A person, with the intent to evade payment of
11-33    tax, may not alter or attempt to alter the strength or composition
11-34    of a dye or marker in dyed diesel fuel.
11-35          Sec. 153.230.  USE OF DYED FUEL PROHIBITED.  (a)  A person
11-36    may not operate a motor vehicle on a public highway in this state
11-37    with taxable motor fuel that contains dye in the fuel supply tank
11-38    of the motor vehicle.
11-39          (b)  This section does not apply to a use of dyed fuel that
11-40    is  lawful under the Internal Revenue Code and implementing
11-41    regulations, including use in state and local government vehicles
11-42    or buses, unless otherwise prohibited by this chapter.
11-43          SECTION 29.  Subsection (a), Section 153.401, Tax Code, is
11-44    amended to read as follows:
11-45          (a)  If a person having a permit as a distributor, supplier,
11-46    dyed diesel fuel bonded user, agricultural bonded user, dealer, or
11-47    interstate trucker fails to file a report as required by this
11-48    chapter or fails to pay a tax imposed by this chapter when due, the
11-49    person forfeits five percent of the amount due as a penalty, and if
11-50    the person fails to file the report or pay the tax within 30 days
11-51    after the day on which the tax or report is due, the person
11-52    forfeits an additional five percent.
11-53          SECTION 30.  Section 153.402, Tax Code, is amended to read as
11-54    follows:
11-55          Sec. 153.402.  PROHIBITED ACTS; CIVIL PENALTIES.  (a)  A
11-56    person forfeits to the state a civil penalty of not less than $25
11-57    nor more than $200 if the person:
11-58                (1)  refuses to stop and permit the inspection and
11-59    examination of a motor vehicle transporting or using motor fuel on
11-60    demand of a peace officer or the comptroller;
11-61                (2)  operates a motor vehicle in this state without a
11-62    valid interstate trucker's or a trip permit when the person is
11-63    required to hold one of those permits;
11-64                (3)  operates a liquefied gas-propelled motor vehicle
11-65    that is required to be licensed in Texas, including motor vehicles
11-66    equipped with dual carburetion, and does not display a current
11-67    liquefied gas tax decal or multistate fuels tax agreement decal;
11-68                (4)  makes a tax-free sale or delivery of liquefied gas
11-69    into the fuel supply tank of a motor vehicle that does not display
 12-1    a current Texas liquefied gas tax decal;
 12-2                (5)  makes a taxable sale or delivery of liquefied gas
 12-3    without holding a valid dealer's permit;
 12-4                (6)  makes a tax-free sale or delivery of liquefied gas
 12-5    into the fuel supply tank of a motor vehicle bearing out-of-state
 12-6    license plates;
 12-7                (7)  makes a delivery of liquefied gas into the fuel
 12-8    supply tank of a motor vehicle bearing Texas license plates and no
 12-9    Texas liquefied gas tax decal, unless licensed under a multistate
12-10    fuels tax agreement;
12-11                (8)  transports gasoline or diesel fuel in any cargo
12-12    tank that has a connection by pipe, tube, valve, or otherwise with
12-13    the fuel injector or carburetor or with the fuel supply tank
12-14    feeding the fuel injector or carburetor of the motor vehicle
12-15    transporting the product;
12-16                (9)  sells or delivers gasoline or diesel fuel from any
12-17    fuel supply tank connected with the fuel injector or carburetor of
12-18    a motor vehicle;
12-19                (10)  owns or operates a motor vehicle for which
12-20    reports or mileage records are required by this chapter without an
12-21    operating odometer or other device in good working condition to
12-22    record accurately the miles traveled;
12-23                (11)  furnishes a signed statement to a supplier for
12-24    purchasing diesel fuel of a type that may be legally used by the
12-25    purchaser for the operation of a motor vehicle on the public
12-26    highway under state or federal law tax free when he owns, operates,
12-27    or acquires a diesel-powered motor vehicle;
12-28                (12)  fails or refuses to comply with or violates a
12-29    provision of this chapter; [or]
12-30                (13)  fails or refuses to comply with or violates a
12-31    comptroller's rule for administering or enforcing this chapter;
12-32                (14)  is an importer who does not obtain an import
12-33    verification number when required by this chapter; or
12-34                (15)  purchases motor fuel for export, on which the tax
12-35    imposed by this chapter has not been paid, and subsequently diverts
12-36    or causes the motor fuel to be diverted to a destination in this
12-37    state or any other state or country other than the originally
12-38    designated state or country without first obtaining a diversion
12-39    number.
12-40          (b)  An importer or exporter that violates a requirement of
12-41    Section 153.018 is liable to this state for a civil penalty of
12-42    $2,000 or five times the amount of the unpaid tax, whichever is
12-43    greater, for each violation.
12-44          (c)  A person receiving motor fuel who accepts a shipping
12-45    document that does not conform with the requirements of Section
12-46    153.018(a) is liable to this state for a civil penalty of $2,000 or
12-47    five times the amount of the unpaid tax, whichever is greater, for
12-48    each occurrence.
12-49          (d)  A person operating a bulk plant or terminal who issues a
12-50    shipping document that does not conform with the requirements of
12-51    Section 153.018(a) is liable to this state for a civil penalty of
12-52    $2,000 or five times the amount of the unpaid tax, whichever is
12-53    greater, for each occurrence.
12-54          (e)  A person operating a terminal or bulk plant who does not
12-55    post notice as required by Section 153.018(i) is liable to this
12-56    state for a civil penalty of $100 for each day the notice is not
12-57    posted as required by Section 153.018(i).
12-58          SECTION 31.  Section 153.403, Tax Code, is amended to read as
12-59    follows:
12-60          Sec. 153.403.  CRIMINAL OFFENSES.  Except as provided by
12-61    Section 153.404 of this code, a person commits an offense if the
12-62    person:
12-63                (1)  refuses to stop and permit the inspection and
12-64    examination of a motor vehicle transporting or using motor fuel on
12-65    the demand of a peace officer or the comptroller;
12-66                (2)  is required to hold a valid trip permit or
12-67    interstate trucker's permit, but operates a motor vehicle in this
12-68    state without a valid trip permit or interstate trucker's permit;
12-69                (3)  operates a liquefied gas-propelled motor vehicle
 13-1    that is required to be licensed in Texas, including a motor vehicle
 13-2    equipped with dual carburetion, and does not display a current
 13-3    liquefied gas tax decal or multistate fuels tax agreement decal;
 13-4                (4)  transports gasoline or diesel fuel in any cargo
 13-5    tank that has a connection by pipe, tube, valve, or otherwise with
 13-6    the fuel injector or carburetor or with the fuel supply tank
 13-7    feeding the fuel injector or carburetor of the motor vehicle
 13-8    transporting the product;
 13-9                (5)  sells or delivers gasoline or diesel fuel from a
13-10    fuel supply tank that is connected with the fuel injector or
13-11    carburetor of a motor vehicle;
13-12                (6)  owns or operates a motor vehicle for which reports
13-13    or mileage records are required by this chapter without an
13-14    operating odometer or other device in good working condition to
13-15    record accurately the miles traveled;
13-16                (7)  as a diesel tax prepaid user fails to prepay the
13-17    tax on every diesel-powered motor vehicle owned or operated by him;
13-18                (8)  uses dyed diesel fuel, on which a tax is required
13-19    to be paid, for the operation of a motor vehicle on a public
13-20    highway;
13-21                (9)  makes a tax-free sale or delivery of liquefied gas
13-22    into the fuel supply tank of a motor vehicle that does not display
13-23    a current Texas liquefied gas tax decal;
13-24                (10) [(9)]  makes a sale or delivery of liquefied gas
13-25    on which the person knows the tax is required to be collected, if
13-26    at the time the sale is made the person does not hold a valid
13-27    dealer's permit;
13-28                (11) [(10)]  makes a tax-free sale or delivery of
13-29    liquefied gas into the fuel supply tank of a motor vehicle bearing
13-30    out-of-state license plates;
13-31                (12) [(11)]  makes a delivery of liquefied gas into the
13-32    fuel supply tank of a motor vehicle bearing Texas license plates
13-33    and no Texas liquefied gas tax decal, unless licensed under a
13-34    multistate fuels tax agreement;
13-35                (13) [(12)]  refuses to permit the comptroller or the
13-36    attorney general to inspect, examine, or audit a book or record
13-37    required to be kept by a distributor, supplier, dyed diesel fuel
13-38    bonded user, agricultural bonded user, dealer, interstate trucker,
13-39    aviation fuel dealer, jobber, common or contract carrier, or any
13-40    person required to hold a permit under this chapter;
13-41                (14) [(13)]  refuses to permit the comptroller or the
13-42    attorney general to inspect or examine any plant, equipment,
13-43    materials, or premises where motor fuel is produced, processed,
13-44    stored, sold, delivered, or used;
13-45                (15) [(14)]  refuses to permit the comptroller or the
13-46    attorney general to measure or gauge the contents of or take
13-47    samples from a storage tank or container on premises where motor
13-48    fuel is produced, processed, stored, sold, delivered, or used;
13-49                (16) [(15)]  is a distributor, dyed diesel fuel bonded
13-50    user, agricultural bonded user, interstate trucker, or supplier and
13-51    fails or refuses to make or deliver to the comptroller a report
13-52    required by this chapter to be made and delivered to the
13-53    comptroller;
13-54                (17)  is an importer who does not obtain an import
13-55    verification number when required by this chapter;
13-56                (18)  purchases motor fuel for export, on which the tax
13-57    imposed by this chapter has not been paid, and subsequently diverts
13-58    or causes the motor fuel to be diverted to a destination in this
13-59    state or any other state or country other than the originally
13-60    designated state or country without first obtaining a diversion
13-61    number;
13-62                (19) [(16)]  conceals motor fuel with the intent of
13-63    engaging in any conduct proscribed by this chapter or refuses to
13-64    make sales of motor fuel on the volume-corrected basis prescribed
13-65    by this chapter;
13-66                (20) [(17)]  refuses, while transporting motor fuel, to
13-67    stop the motor vehicle he is operating when called on to do so by a
13-68    person authorized to stop the motor vehicle;
13-69                (21) [(18)]  refuses to surrender a motor vehicle and
 14-1    cargo for impoundment after being ordered to do so by a person
 14-2    authorized to impound the motor vehicle and cargo;
 14-3                (22) [(19)  transports motor fuel for which a cargo
 14-4    manifest is required to be carried without possessing or exhibiting
 14-5    on demand by an officer authorized to make the demand a cargo
 14-6    manifest containing the information required to be shown on the
 14-7    manifest;]
 14-8                [(20)]  mutilates, destroys, or secretes a book or
 14-9    record required by this chapter to be kept by a distributor,
14-10    supplier, dyed diesel fuel bonded user, agricultural bonded user,
14-11    dealer, interstate trucker, aviation fuel dealer, jobber, or person
14-12    required to hold a permit under this chapter;
14-13                (23) [(21)]  is a distributor, supplier, dyed diesel
14-14    fuel bonded user, agricultural bonded user, dealer, interstate
14-15    trucker, aviation fuel dealer, jobber, or other person required to
14-16    hold a permit under this chapter, or the agent or employee of one
14-17    of those persons and makes a false entry or fails to make an entry
14-18    in the books and records required under this chapter to be made by
14-19    the person or fails to retain a document as required by this
14-20    chapter;
14-21                (24) [(22)]  transports in any manner motor fuel under
14-22    a false cargo manifest or shipping document, or transports in any
14-23    manner motor fuel to a location without delivering at the same time
14-24    a shipping document relating to that shipment;
14-25                (25) [(23)]  engages in a motor fuel transaction that
14-26    requires that the person have a permit under this chapter without
14-27    then and there holding the required permit;
14-28                (26) [(24)]  makes and delivers to the comptroller a
14-29    report required under this chapter to be made and delivered to the
14-30    comptroller, if the report contains false information;
14-31                (27) [(25)]  forges, falsifies, or alters an invoice
14-32    prescribed by law;
14-33                (28) [(26)]  makes any statement, knowing said
14-34    statement to be false, in a claim for a tax refund filed with the
14-35    comptroller;
14-36                (29) [(27)]  furnishes to a supplier a signed statement
14-37    for purchasing diesel fuel of a type that may be legally used by
14-38    the purchaser for the operation of a motor vehicle on the public
14-39    highway under state or federal law tax free when he owns, operates,
14-40    or acquires a diesel-powered motor vehicle;
14-41                (30) [(28)]  holds an aviation fuel dealer's permit and
14-42    makes a taxable sale or use of any gasoline or diesel fuel;
14-43                (31) [(29)]  fails to remit any tax funds collected by
14-44    a distributor, supplier, dyed diesel fuel bonded user, agricultural
14-45    bonded user, dealer, interstate trucker, jobber, or any other
14-46    person required to hold a permit under this chapter;
14-47                (32) [(30)]  makes a sale of diesel fuel tax free into
14-48    a storage facility of a person who:
14-49                      (A)  is not permitted as a supplier, as an
14-50    aviation fuel dealer, as a dyed diesel fuel bonded user, as an
14-51    agricultural bonded user, or as a diesel tax prepaid user of diesel
14-52    fuel; or
14-53                      (B)  does not furnish to the permitted supplier a
14-54    signed statement prescribed in Section 153.205 of this code;
14-55                (33) [(31)]  makes a sale of gasoline tax free to any
14-56    person who is not permitted as either a distributor or an aviation
14-57    fuel dealer;
14-58                (34) [(32)]  is a dealer who purchases any motor fuel
14-59    tax free when not authorized to make a tax-free purchase under this
14-60    chapter; [or]
14-61                (35) [(33)]  is a dealer who purchases motor fuel with
14-62    the intent to evade any tax imposed by this chapter, or who accepts
14-63    a delivery of motor fuel by any means and does not at the same time
14-64    accept or receive a shipping document relating to the delivery;
14-65                (36)  transports motor fuel for which a cargo manifest
14-66    or shipping document is required to be carried without possessing
14-67    or exhibiting on demand by an officer authorized to make the demand
14-68    a cargo manifest or shipping document containing the information
14-69    required to be shown on the manifest or shipping document;
 15-1                (37)  imports, sells, uses, distributes, or stores
 15-2    motor fuel within this state on which the taxes imposed by this
 15-3    chapter are owed but have not been first paid to or reported by the
 15-4    holder of a distributor, supplier, liquefied gas dealer, interstate
 15-5    trucker, diesel tax prepaid user, dyed diesel fuel bonded user, or
 15-6    agricultural bonded user permit;
 15-7                (38)  blends products together to produce a blended
 15-8    fuel that is offered for sale, sold, or used that expands the
 15-9    volume of the original product to evade paying applicable motor
15-10    fuel taxes; or
15-11                (39)  evades or attempts to evade in any manner a tax
15-12    imposed on motor fuel by this chapter.
15-13          SECTION 32.  Subsections (b), (c), and (d), Section 153.404,
15-14    Tax Code, are amended to read as follows:
15-15          (b)  Each day that a refusal prohibited under Section
15-16    153.403(13), [153.403(12), (13), or] (14), or (15) [of this code]
15-17    continues is a separate offense.
15-18          (c)  The prohibition under Section 153.403(32) [153.403(30)
15-19    of this code] does not apply to the tax-free sale or distribution
15-20    of diesel fuel authorized by Section 153.203(1), (2), or (5) [of
15-21    this code].
15-22          (d)  The prohibition under Section 153.403(33) [153.403(31)
15-23    of this code] does not apply to the tax-free sale or distribution
15-24    of gasoline under Section 153.104(2) or (4) [of this code].
15-25          SECTION 33.  Section 153.405, Tax Code, is amended to read as
15-26    follows:
15-27          Sec. 153.405.  CRIMINAL PENALTIES.  (a)  An offense under
15-28    Section 153.403(1), (2), (3), (4), (5), (6), [or] (7), or (8) [of
15-29    this code] is a Class C misdemeanor.
15-30          (b)  An offense under Section 153.403(9) [153.403(8), (9)],
15-31    (10), (11), (12), (13), (14), [or] (15), (16), (17), or (18) [of
15-32    this code] is a Class B misdemeanor.
15-33          (c)  An offense under Section 153.403(19), (20), or (21)
15-34    [153.403(16), (17), (18), or (19) of this code] is a Class A
15-35    misdemeanor.
15-36          (d)  An offense under Section 153.403(22) [153.403(20), (21),
15-37    (22)], (23), (24), (25), (26), [or] (27), (28), or (29) [of this
15-38    code] is a felony of the third degree.
15-39          (e)  An offense under Section 153.403(30) [153.403(28), (29),
15-40    (30)], (31), (32), [or] (33), (34), (35), (36), (37), (38), or (39)
15-41    [of this code] is a felony of the second degree.
15-42          (f)  Violations of three or more separate offenses under
15-43    Sections 153.403(22) [153.403(20)] through (29) [(27) of this code]
15-44    committed pursuant to one scheme or continuous course of conduct
15-45    may be considered as one offense and punished as a felony of the
15-46    second degree.
15-47          SECTION 34.  This Act takes effect September 1, 1999, and
15-48    applies to motor fuel that is imported or exported on or after that
15-49    date or on which the first sale occurs on or after that date.
15-50    Motor fuel imported or exported before that date or for which the
15-51    first sale occurs before that date is governed by the law in effect
15-52    when the motor fuel was imported, exported, or first sold, and that
15-53    law is continued in effect for that purpose.
15-54          SECTION 35.  The importance of this legislation and the
15-55    crowded condition of the calendars in both houses create an
15-56    emergency and an imperative public necessity that the
15-57    constitutional rule requiring bills to be read on three several
15-58    days in each house be suspended, and this rule is hereby suspended.
15-59                                 * * * * *