1-1                                   AN ACT
 1-2     relating to the purchase of diesel fuel by certain persons using a
 1-3     signed statement.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 153.001, Tax Code, is amended by adding
 1-6     Subdivision (37) to read as follows:
 1-7                 (37)  "Agricultural purpose" means a purpose associated
 1-8     with the following activities:  cultivating the soil; producing
 1-9     crops for human food, animal feed, or planting seed or for the
1-10     production of fibers; floriculture, viticulture, silviculture, and
1-11     horticulture, including the cultivation of plants in containers or
1-12     non-soil media; raising, feeding, or keeping livestock or other
1-13     animals for the production of food or fiber, leather, pelts, or
1-14     other tangible products having a commercial value; wildlife
1-15     management; and planting cover crops, including cover crops
1-16     cultivated for transplantation, or leaving land idle for the
1-17     purpose of participating in any governmental program or normal crop
1-18     or livestock rotation procedure.
1-19           SECTION 2. Sections 153.205(a), (b), and (i), Tax Code, are
1-20     amended to read as follows:
1-21           (a)  The first sale or use of diesel fuel in this state is
1-22     taxable, except that sales of dyed diesel fuel, or of undyed diesel
1-23     fuel if the fuel will be used for an agricultural purpose, may be
1-24     made without collecting the tax if the purchaser furnishes to a
 2-1     permitted supplier a signed statement, including an end user number
 2-2     or agricultural user exemption number issued by the comptroller
 2-3     that stipulates that:
 2-4                 (1)  the purchaser does not operate any diesel-powered
 2-5     motor vehicles on the public highway;
 2-6                 (2)  all of the diesel fuel will be consumed by the
 2-7     purchaser, or all of the diesel fuel will be consumed by the
 2-8     purchaser in oil or gas production, as applicable, and no diesel
 2-9     fuel purchased on a signed statement will be resold; and
2-10                 (3)  none of the diesel fuel purchased in this state
2-11     will be delivered or permitted by the purchaser to be delivered
2-12     into fuel supply tanks of motor vehicles.
2-13           (b)  A person may not make a tax-free purchase of any diesel
2-14     fuel under this section using a signed statement:
2-15                 (1)  for the purchase of more than 7,400 [3,000]
2-16     gallons of dyed or undyed diesel fuel in a single transaction; or
2-17                 (2)  in a calendar month in which the person has
2-18     previously purchased more than:
2-19                       (A)  10,000 gallons of dyed [or undyed] diesel
2-20     fuel from all sources;
2-21                       (B)  25,000 gallons of dyed diesel fuel from all
2-22     sources if the purchaser stipulates in the signed statement that
2-23     all of the fuel will be consumed by the purchaser in oil or gas
2-24     production; or
2-25                       (C)  25,000 gallons of dyed or undyed diesel fuel
2-26     from all sources if purchased for agricultural purposes by a person
2-27     who furnishes to the permitted supplier, in conjunction with the
 3-1     signed statement, an agricultural exemption number issued by the
 3-2     comptroller.
 3-3           (i)  A permitted supplier may not make a tax-free sale of
 3-4     dyed diesel fuel, or undyed diesel fuel for agricultural purposes,
 3-5     to a purchaser using a signed statement:
 3-6                 (1)  for the sale of more than 7,400 [3,000] gallons of
 3-7     dyed or undyed diesel fuel in a single transaction; or
 3-8                 (2)  in a calendar month in which the supplier has
 3-9     previously sold more than:
3-10                       (A)  10,000 gallons of dyed [or undyed] diesel
3-11     fuel to the purchaser;
3-12                       (B)  25,000 gallons of dyed diesel fuel to the
3-13     purchaser if the purchaser stipulates in the signed statement that
3-14     all of the fuel will be consumed by the purchaser in oil or gas
3-15     production; or
3-16                       (C)  25,000 gallons of dyed or undyed diesel fuel
3-17     to the purchaser if the purchaser furnishes to the permitted
3-18     supplier, in conjunction with the signed statement, an agricultural
3-19     exemption number issued by the comptroller.
3-20           SECTION 3. Section 153.209, Tax Code, is amended by adding
3-21     Subsection (c) to read as follows:
3-22           (c)  This section does not affect the right of a purchaser to
3-23     purchase not more than 25,000 gallons of dyed diesel fuel for the
3-24     purchaser's own use in oil or gas production, or of dyed or undyed
3-25     diesel fuel for the purchaser's own use for agricultural purposes
3-26     only, using a signed statement under Section 153.205.
3-27           SECTION 4. This Act takes effect September 1, 2001, and
 4-1     applies to diesel fuel purchased on or after that date.  Diesel
 4-2     fuel purchased before that date is governed by the law in effect
 4-3     when the fuel was purchased, and that law is continued in effect
 4-4     for that purpose.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1241 was passed by the House on April
         4, 2001, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 1241 on May 24, 2001, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1241 was passed by the Senate, with
         amendments, on May 23, 2001, by the following vote:  Yeas 30, Nays
         0, 1 present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor