1-1 By: Counts (Senate Sponsor - Duncan) H.B. No. 1241
1-2 (In the Senate - Received from the House April 5, 2001;
1-3 April 9, 2001, read first time and referred to Committee on
1-4 Business and Commerce; May 11, 2001, reported favorably, as
1-5 amended, by the following vote: Yeas 6, Nays 0; May 11, 2001, sent
1-6 to printer.)
1-7 COMMITTEE AMENDMENT NO. 1 By: Shapleigh
1-8 (1) Amend H.B. 1241 by adding a new SECTION 1 to read as
1-9 follows:
1-10 SECTION 1. Amend Section 153.001, Tax Code, by adding a new
1-11 subsection (37) to read as follows:
1-12 (37) "Agricultural purpose" means a purpose associated with
1-13 the following activities: cultivating the soil, producing crops
1-14 for human food, animal feed, or planting seed or for the production
1-15 of fibers; floriculture, viticulture, silviculture, and
1-16 horticulture, including the cultivation of plants in containers or
1-17 non-soil media; raising, feeding or keeping livestock or other
1-18 animals for the production of food or fiber, leather, pelts, or
1-19 other tangible products having a commercial value; wildlife
1-20 management; and planting cover crops, including cover crops
1-21 cultivated for transplantation, or leaving land idle for the
1-22 purpose of participating in any governmental program or normal crop
1-23 or livestock rotation procedure.
1-24 (2) Renumber subsequent sections accordingly.
1-25 A BILL TO BE ENTITLED
1-26 AN ACT
1-27 relating to the purchase of diesel fuel by certain persons using a
1-28 signed statement.
1-29 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-30 SECTION 1. Sections 153.205(a), (b), and (i), Tax Code, are
1-31 amended to read as follows:
1-32 (a) The first sale or use of diesel fuel in this state is
1-33 taxable, except that sales of dyed diesel fuel, or of undyed diesel
1-34 fuel if the fuel will be used for an agricultural purpose, may be
1-35 made without collecting the tax if the purchaser furnishes to a
1-36 permitted supplier a signed statement, including an end user number
1-37 or agricultural user exemption number issued by the comptroller
1-38 that stipulates that:
1-39 (1) the purchaser does not operate any diesel-powered
1-40 motor vehicles on the public highway;
1-41 (2) all of the diesel fuel will be consumed by the
1-42 purchaser, or all of the diesel fuel will be consumed by the
1-43 purchaser in oil or gas production, as applicable, and no diesel
1-44 fuel purchased on a signed statement will be resold; and
1-45 (3) none of the diesel fuel purchased in this state
1-46 will be delivered or permitted by the purchaser to be delivered
1-47 into fuel supply tanks of motor vehicles.
1-48 (b) A person may not make a tax-free purchase of any diesel
1-49 fuel under this section using a signed statement:
1-50 (1) for the purchase of more than 7,400 [3,000]
1-51 gallons of dyed or undyed diesel fuel in a single transaction; or
1-52 (2) in a calendar month in which the person has
1-53 previously purchased more than:
1-54 (A) 10,000 gallons of dyed [or undyed] diesel
1-55 fuel from all sources;
1-56 (B) 25,000 gallons of dyed diesel fuel from all
1-57 sources if the purchaser stipulates in the signed statement that
1-58 all of the fuel will be consumed by the purchaser in oil or gas
1-59 production; or
1-60 (C) 25,000 gallons of dyed or undyed diesel fuel
1-61 from all sources if purchased for agricultural purposes by a person
1-62 who furnishes to the permitted supplier, in conjunction with the
1-63 signed statement, an agricultural exemption number issued by the
2-1 comptroller.
2-2 (i) A permitted supplier may not make a tax-free sale of
2-3 dyed diesel fuel, or undyed diesel fuel for agricultural purposes,
2-4 to a purchaser using a signed statement:
2-5 (1) for the sale of more than 7,400 [3,000] gallons of
2-6 dyed or undyed diesel fuel in a single transaction; or
2-7 (2) in a calendar month in which the supplier has
2-8 previously sold more than:
2-9 (A) 10,000 gallons of dyed [or undyed] diesel
2-10 fuel to the purchaser;
2-11 (B) 25,000 gallons of dyed diesel fuel to the
2-12 purchaser if the purchaser stipulates in the signed statement that
2-13 all of the fuel will be consumed by the purchaser in oil or gas
2-14 production; or
2-15 (C) 25,000 gallons of dyed or undyed diesel fuel
2-16 to the purchaser if the purchaser furnishes to the permitted
2-17 supplier, in conjunction with the signed statement, an agricultural
2-18 exemption number issued by the comptroller.
2-19 SECTION 2. Section 153.209, Tax Code, is amended by adding
2-20 Subsection (c) to read as follows:
2-21 (c) This section does not affect the right of a purchaser to
2-22 purchase not more than 25,000 gallons of dyed diesel fuel for the
2-23 purchaser's own use in oil or gas production, or of dyed or undyed
2-24 diesel fuel for the purchaser's own use for agricultural purposes
2-25 only, using a signed statement under Section 153.205.
2-26 SECTION 3. This Act takes effect September 1, 2001, and
2-27 applies to diesel fuel purchased on or after that date. Diesel
2-28 fuel purchased before that date is governed by the law in effect
2-29 when the fuel was purchased, and that law is continued in effect
2-30 for that purpose.
2-31 * * * * *