C.S.H.B. 2458 78(R)    BILL ANALYSIS


C.S.H.B. 2458
By: Krusee
Ways & Means
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The objective of C.S.H.B. 2458 is to increase motor fuel tax revenue and
Federal highway matching funds, without increasing the tax rate, by moving
the point of collection to the highest point in the marketing chain, the
terminal loading rack; utilizing the automated systems of the terminals to
calculate and remit tax in order to decrease the opportunity for human
error; increasing efficiency in tax collection by reducing the number of
persons who remit tax to the comptroller's office from the current 2,000+
to fewer than 100; requiring persons in the fuel marketing chain to file
reports with the comptroller that will enable the comptroller to verify
the reports of others in the marketing chain without field audits;
encouraging the sale and purchase of dyed diesel fuel for use in
offhighway vehicles and equipment; and furthering national efforts to
coordinate fuel tax systems among the states.  

RULEMAKING AUTHORITY

It is the opinion of this office that this bill does not grant any
additional rulemaking authority to a state officer, department, agency, or
institution.  

ANALYSIS

Section 162.001.  This Section provides the general definitions of terms
used in this chapter.  
 
Section 162.002.  This Section provides for the treatment of taxable motor
fuels brought into this state in the fuels supply tanks of certain leased
vehicles used for interstate operations. The Section also provides
specific direction for tax compliance to both persons operating leased
interstate vehicles in this state for commercial purposes and to those who
lease vehicles and other equipment to be used in interstate operation and
have responsibility for the fuels taxes.  
 
Section. 162.003.  This Section delegates to the comptroller of public
accounts, the authority to enter into interstate agreements for sharing
information and other resources to aid in the effective and efficient
administration of motor fuels taxes.  
 
Section 162.004.  This Section provides the documentation requirements for
transporting motor fuels in this state.  
 
Section 162.005.  This Section provides for the refusal to reissue and
cancellation of a person's licenses by the comptroller of public accounts
to any person who has violated or has failed to comply with the provisions
of the chapter or a rule of the comptroller.  
 
Section 162.006.   This Section provides for the summary suspension of a
person's license without notice under conditions that constitute an
immediate and substantial threat to the collection of taxes imposed by the
chapter.  
 
Section 162.007.  This Section provides for the accelerated collection of
unpaid taxes by the comptroller of public accounts while enforcing the
cancellation, suspension or refusal of a license.   
 
Section 162.008.  This Section provides the comptroller of public accounts
with the specific authority to inspect and examine the premises, storage
facilities, books and records of any person  licensed or required to be
licensed or any person selling, receiving or possessing motor fuels or
other petroleum products and blending agents or natural gas, its
derivatives or other by-products to determine the amount of tax due and
payable to the state of Texas.  
 
Section 162.009.  This Section provides the comptroller of public accounts
or a peace officer with the specific authority to stop and inspect motor
vehicles operating with or transporting motor fuel to inspect and examine
licenses and or required documentation and to take samples of the  motor
fuels to determine whether taxes have been paid or accounted for to the
state.  
 
Section 162.010.  This Section provides the comptroller of public accounts
with the specific authority for impoundment and seizure of vehicles
inspected under Section 162.009 when the operator, owner, fuel or product
in possession are determined to be in violation of this chapter or a rule
of the comptroller.  
 
Section 162.011.  This Section provides for the sale of property seized
under Section 162.010.  
 
Section 162.012.  This Section provides the presumption to be applied by
the comptroller of public accounts in the determining the taxability of
motor fuel when a person licensed or required to be license under this
chapter fails to keep adequate records, issue invoices, file returns or
properly report and pay tax.  
 
Section 162.013.  This Section provides for the venue of tax collection
suits.  
 
Section 162.014.  This Section prohibits the imposition of an excise or
occupation tax on the sale, use or distribution of motor fuels by any
political subdivision of this state.   
 
Section 162.015.  This Section provides for the application of tax rate
changes on existing inventories of tax paid fuel (2,000 gallons or
greater) possessed for the purpose of sale.  
 
Section 162.016.  This Section provides for the specific shipping document
requirements for sellers, exporters, and importers of motor fuels.  
 
SectionS 162.017 -162.100.  These Sections are reserved for expansion. 
 
Section 162.101.  This Section imposes a tax on gasoline removed from a
terminal rack or imported into this state or blended outside of the bulk
transfer/terminal system, sold to a non-licensed supplier in the bulk
transfer/terminal system, or used by certain commercial interstate motor
vehicles.  The licensed supplier, permissive supplier, importer,
interstate trucker, blender, or terminal operator collects the tax.  
 
Section 162.102.  This Section sets forth the tax rate at 20 cents on each
net gallon of gasoline and 19 cents on each net gallon of gasoline sold to
a commercial transit company.  
 
Section 162.103.  This Section requires that the tax be computed and paid
to the state on the net gallons of gasoline.  
 
Section 162.104.  This Section imposes a backup tax at the rate provided
in Section 162.102 on gasoline used to operate a motor vehicle on a
highway or sold for a nonexempt purpose on which the tax has not been
paid.  
 
Section 162.105.  This Section sets forth eligible exempt sales and exempt
uses of gasoline.  
 
Section 162.106.  This Section requires a person to obtain the appropriate
license before conducting the activities of a supplier, distributor,
importer, blender, motor fuel transporter, terminal operator, exporter,
aviation fuel dealer, or interstate trucker.  
A person may elect to obtain a permissive supplier license. 
 
Section 162.107.  This Section provides that in lieu of an interstate
trucker's permit a person may obtain a temporary trip permit.  
  
Section 162.108.  This Section allows a person to obtain a permissive
supplier license for the purpose of collecting the tax imposed by this
chapter on gasoline removed at a terminal located in another state and
Texas is the destination state.  
 
Section 162.109.  This Section specifies the information required on a
gasoline tax license application.  
 
Section 162.110.  This Section requires that a license be displayed at
each place of business or other place of storage in which gasoline is sold
and in motor vehicles that transport gasoline.  
 
Section 162.111.  This Section provides that a gasoline license is valid
until surrendered by the licensee or cancelled by the comptroller, except
that an interstate trucker's license expires December 31 of each calendar
year.  This Section provides that licenses are not transferable.  
 
Section 162.112.  This Section allows the comptroller to require a bond
accompany the issuance of a license.  The bond is not less than $30,000
for all licenses.  The Section also delineates the bond attributes.  
 
Section 162.113.  This Section requires the comptroller to make available
a list of active gasoline licensees.    
 
Section 162.114.  This Section requires a distributor or importer to remit
the tax due to a supplier or permissive supplier by electronic funds
transfer two days prior to the date the supplier or permissive supplier is
required to remit the tax to the state.  This Section allows a supplier or
permissive supplier to cancel the distributor or importer deferred payment
of tax and take a credit against subsequent payment of tax to the state if
the distributor or importer fails to remit tax to the supplier or
permissive supplier.  This Section allows a distributor or importer to
retain 1.75 percent of the tax timely paid to the supplier or permissive
supplier to cover administrative expenses.    
 
Section 162.115.  This Section requires a licensee to file a tax report
with the comptroller on or before the 25th of each month, except a motor
fuel transporter and interstate trucker which shall file on or before the
25th of the month following the end of each calendar quarter.  
 
Section 162.116.  This Section specifies the records required to be
maintained by a licensee and dealer.  
 
Section 162.117.  This Section specifies the information required on a
supplier's and permissive supplier's report.  
 
Section 162.118.  This Section provides that the tax collected by a
supplier or permissive supplier is held in trust for the benefit of the
state.  This Section requires a supplier or permissive supplier to furnish
an invoice or other document as evidence of the number of gallons of
gasoline received by the purchaser.  
 
Section 162.119.  This Section specifies the information required on a
distributor's return.  
 
Section 162.120.  This Section specifies the information required on an
importer's return.  
 
Section 162.121.  This Section specifies the information required on a
terminal operator's return.  
 
Section 162.122.  This Section specifies the information required on a
motor fuel transporter's return.  
 
Section 162.123.  This Section specifies the information required on an
exporter's return.  
 
Section 162.124.  This Section specifies the information required on a
blender's return.  
 
 Section 162.125.  This Section specifies the information required on an
interstate trucker's return.  
 
Section 162.126.  This Section allows refund of tax paid on gasoline sold
to an exempt entity or used in an exempt manner.  
 
Section 162.127.  This Section allows a permitted distributor and a
terminal supplier a refund or credit for bad debts.  
 
Section 162.128.  This Section sets forth the documentation required to
support a claim for refund.  
 
Section 162.129.  This Section sets forth the time period for filing a
gasoline tax refund claim or taking a credit for taxes erroneously paid.  
 
Section 162.201.  This Section imposes a tax on diesel fuel removed from a
terminal rack or imported into this state or blended outside of the bulk
transfer/terminal system, sold to a non-licensed supplier in the bulk
transfer/terminal system, or used by certain commercial interstate motor
vehicles.  The licensed supplier, permissive supplier, importer,
interstate trucker, blender, or terminal operator collects the tax.  
 
Section 162.202.  This Section sets forth the tax rate at 20 cents on each
net gallon of diesel fuel and 19.5 cents on each net gallon of diesel fuel
sold to a commercial transit company.  
 
Section 162.203.  This Section requires that the tax be computed and paid
to the state on the net gallons.  
 
Section 162.204.  This Section imposes a backup tax at the rate provided
in Section 162.202 on diesel fuel used to operate a motor vehicle on a
highway or sold for a nonexempt purpose on which the tax has not been
paid.    
 
Section 162.205.  This Section sets forth eligible exempt sales and exempt
uses of diesel fuel.  
 
Section 162.206.  This Section requires a person to obtain the appropriate
license before conducting the activities of a supplier, distributor,
importer, motor fuel transporter, terminal operator, exporter, blender,
aviation fuel dealer, interstate trucker, or dyed diesel fuel bonded user
license.  A person may elect to obtain a permissive supplier license.  
 
Section 162.207.  This Section allows a licensed supplier or distributor
to sell dyed diesel fuel in limited quantities to a person registered with
the comptroller as an end user and that furnishes to the seller a signed
statement and end user number.  
 
Section 162.208.  This Section provides that in lieu of an interstate
trucker's permit a person may obtain a temporary trip permit.  
 
Section 162.209.  This Section allows a person to obtain a permissive
supplier license for the purpose of collecting the tax imposed by this
chapter on diesel fuel removed at a terminal located in another state and
Texas is the destination state.  
 
Section 162.210.  This Section specifies the information required on a
diesel fuel tax license application.  
 
Section 162.211.  This Section requires that a license be displayed at
each place of business or other place of storage in which diesel fuel is
sold and in motor vehicles that transport diesel fuel.  
 
Section 162.212.  This Section provides that a diesel fuel license is
valid until surrendered by the licensee or cancelled by the comptroller,
except that an interstate trucker's license expires December 31 of each
calendar year.  This Section states that licenses are not transferable.  
 
Section 162.213.  This Section allows the comptroller to require a bond
accompany the issuance  of a license.  The bond is not less than $30,000
for all licenses except the dyed diesel fuel bonded user minimum bond
which is $10,000.  The section also delineates the bond attributes.  
 
Section 162.214.  This Section requires the comptroller to make available
a list of active diesel fuel licensees.  
 
Section 162.215.  This Section requires a distributor or importer to remit
the tax due to a supplier or permissive supplier by electronic funds
transfer two days prior to the date the supplier or permissive supplier is
required to remit the tax to the state.  This Section allows a supplier or
permissive supplier to cancel the distributor or importer deferred payment
of tax and take a credit against subsequent payment of tax to the state if
the distributor or importer fails to remit tax to the supplier or
permissive supplier.  This Section allows a distributor or importer to
retain 1.75 percent of the tax timely paid to the supplier or permissive
supplier to cover administrative expenses.    
 
Section 162.216.  This Section requires a licensee to file a tax report
with the comptroller on or before the 25th of each month, except a motor
fuel transporter, interstate trucker and dyed diesel fuel bonded user
which shall be filed on or before the 25th of the month following the end
of each calendar quarter.  
 
Section 162.217.  This Section specifies the records required to be
maintained by a supplier and permissive supplier.  
 
Section 162.218.  This Section specifies the information required on a
supplier's and permissive supplier's report.  
 
Section 162.219.  This Section provides that the tax collected by a
supplier or permissive supplier is held in trust for the benefit of the
state.  This Section requires a supplier or permissive supplier to furnish
an invoice or other document as evidence of the number of gallons received
by the purchaser.  
 
Section 162.220.  This Section specifies the information required on a
distributor's return.  
 
Section 162.221.  This Section specifies the information required on an
importer's return.  
 
Section 162.222.  This Section specifies the information required on a
terminal operator's return.  
 
Section 162.223.  This Section specifies the information required on a
motor fuel transporter's return.  
 
Section 162.224.  This Section specifies the information required on an
exporter's return.  
 
Section 162.225.  This Section specifies the information required on a
blender's return.  
 
Section 162.226.  This Section specifies the information required on an
interstate trucker's return.  
 
Section 162.227.  This Section specifies the information required on a
dyed diesel fuel bonded user's return.  
 
Section 162.228.  This Section allows refund of tax paid on diesel fuel
sold to an exempt entity or used in an exempt manner.  
 
Section 162.229.  This Section allows a supplier, permissive supplier and
distributor a refund or credit for bad debts.  
 
Section 162.230.  This Section sets forth the documentation required to
support a claim for refund.  
 
Section 162.231.  This Section sets forth the time period for filing a
diesel fuel tax refund claim  or taking a credit for taxes erroneously
paid.   
 
Section 162.232.  This Section requires a supplier, permissive supplier,
distributor or other seller of dyed diesel fuel to post a notice on a
retail pump or bulk plant.  
 
Section 162.233.  This Section requires that all shipping documents, bills
of lading, and invoices identify the product as dyed diesel fuel.  
 
Section 162.234.  This Section makes it unlawful to sell or hold for sale
or use or hold for use dyed diesel fuel that the person knows will be used
in a taxable manner.  
 
Section 162.235.  This Section makes it unlawful to alter or attempt to
alter the strength or composition of the dye or marker in dyed diesel fuel
with the intent to evade payment of tax.  
 
Section 162.236.  This Section makes it unlawful to operate a motor
vehicle on a public highway in this state that contains dye with stated
exceptions of state and local government vehicles.  
 
Section 162.237 - 162.300.  These Sections are reserved for expansion. 
 
Section 162.301.  This Section imposes a tax at a rate of 15 cents per
gallon on liquefied gas used in a motor vehicle on the public highways.  
 
Section 162.302.  This Section requires that a person using a motor
vehicle licensed in Texas that is equipped to use liquefied gas prepay the
tax.  This Section provides that the holder of a motor vehicle dealer
decal or interstate trucker license must pay the tax at the time liquefied
gas is delivered into a motor vehicle.  
 
Section 162.3021.  This Section provides an exemption to Texas public
school districts and counties.   
 
Section 162.303.  This Section requires that a person obtain the
appropriate license to make taxable sells or uses of liquefied gas.  This
Section provides that a liquefied gas license is not transferable and must
be displayed at each place of business or carried in each motor vehicle
using liquefied gas.    
 
Section 162.304.  This Section authorizes the holder of a dealer's license
to collect and remit taxes on liquefied gas delivered into motor vehicles
displaying an out-of-state license plant, an International Fuel Tax
Agreement license, or motor vehicle dealer's decal.  
 
Section 162.305.  This Section sets forth the tax rate prepaid according
to each motor vehicle's registered gross weight and mileage driven in the
previous year.  
 
Section 162.306.  This Section requires an interstate truck to remit the
tax on liquefied gas used in this state by their commercial motor
vehicles.  This Section allows an interstate trucker to deliver liquefied
gas into motor vehicles bearing a current liquefied gas tax decal.   
 
Section 162.307.  This Section provides that a dealer's license is valid
until surrendered by the licensee or cancelled by the comptroller, except
an interstate trucker's license expires December 31 each calendar year and
a liquefied gas tax decal expires one year after its issuance.  
 
Section 162.308.  This Section requires a dealer or interstate trucker to
remit the tax imposed by this chapter to the comptroller.  This Section
allows the dealer to retain one percent of the tax due and the interstate
trucker to retain one-half of one percent of the tax due to cover the cost
of administrative expenses.    
 
Section 162.309.  This Section specifies the records that a dealer and an
interstate trucker must maintain.  
 
Section 162.310.  This Section requires that a dealer and interstate
trucker file a report on or  before the 25th day of the month following
the end of each calendar quarter.  
 
Section 162.311.  This Section allows a refund on the unused portion of
the taxes paid in advance if the comptroller is notified when a vehicle is
sold or destroyed.  This Section allows the refund of the tax paid by an
interstate trucker on liquefied gas used outside this state.  
 
Section 162.312 - 162.400.  These Sections are reserved for expansion. 

Section 162.401.  This Section allows the comptroller to assess penalties
for failure to file reports or pay taxes as required, and allows the
comptroller to assess a 75% penalty if such failure to file of pay the tax
due is attributable to fraud.  
 
Section 162.402.  This Section provides for civil penalties for certain
violations of the Tax Code or rule promulgated under this chapter.  
 
Section 162.403.  This Section provides for criminal penalties for
violations of the Tax Code, except that subSection (7) makes it a
misdemeanor to sell or deliver dyed diesel fuel for use on a public
highway, and subSection (8) provides an exception to use of dyed diesel
fuel on the public highway.   
 
Section 162.404.  This Section provides special provisions and exceptions
to Sec. 162.403.  
 
Section 162.405.  This Section provides the classification of offenses
under Sec. 162.403.  
 
Section 162.406.  This Section provides the criminal penalties for
corporations and associations for violations of Sec. 162.403.  
 
Section 162.407.  This Section provides that venue for prosecution under
Sec. 162.403 is in Travis County or the county where the offense occurred.
 
Section 162.408.  This Section provides that charging instruments need not
negate exceptions to prohibited acts, and the use of exceptions by the
defense.  
 
Section 162.409.  This Section provides that the issuance of a bad check
to licensed suppliers and distributors is an offense.  
 
SectionS 162.410 - 162.500.  These Sections are reserved for expansion. 
 
Section 162.501.  This Section provides for the allocation of one percent
of the gross taxes collected for use by the comptroller in the
administration and enforcement of this chapter.   
 
Section 162.502.  This Section provides for an allocation of the unclaimed
motorboat gasoline taxes.  
 
Section 162.5025.  This Section provides for an allocation of the
unclaimed off-highway equipment taxes.  
 
Section 162.503.  This Section provides for allocation of the gasoline
tax.  
 
Section 162.504.  This Section provides for allocation of the diesel fuel
tax.  
 
Section 162.505.  This Section provides for allocation of the liquefied
gas tax.  
 
SECTION 2.  This Section repeals Chapter 153, Tax Code. 
 
SECTION 3.  This Section provides a bill effective date of September 1,
2003. 


EFFECTIVE DATE
 
This act takes effect September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

The filed bill is a revision of the current motor fuels tax law.  The
substitute bill repeals the 
current law and enacts a new motor fuels tax law.

The filed bill retains the current tax on the use of motor fuel on Texas
highways but moves the point of collection of the tax to the terminal
rack, the highest point in the distribution chain. Under current law, the
tax is collected and remitted to the comptroller by distributors.  Under
the filed bill, the tax would be collected and remitted by the person who
removes fuel from the terminal/refinery system. 

The substitute bill repeals the tax on use of motor fuel and imposes a new
tax on the removal of motor fuel from the terminal/refinery system in
Texas.  The tax would be collected and remitted by the person who removes
fuel from the terminal/refinery system.  The substitute also imposes a
"backup tax" on motor fuel that is used on Texas highways, which only
applies if tax was not paid on the fuel at the terminal rack.