79R5330 CBH-D

By:  Brimer                                                       S.B. No. 557


A BILL TO BE ENTITLED
AN ACT
relating to the collection of the tax on gasoline and diesel fuel and to the use of the certain revenue from the tax. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 162.113(e), Tax Code, is amended to read as follows: (e) A licensed distributor or licensed importer who makes timely payments of the gasoline tax imposed under this subchapter is entitled to retain an amount equal to .375 [1.75] percent of the total taxes to be paid to the supplier or permissive supplier to cover administrative expenses. SECTION 2. Sections 162.114(a) and (b), Tax Code, are amended to read as follows: (a) Except as provided by Subsection (b), each person who is liable for the tax imposed by this subchapter, a terminal operator, and a licensed distributor shall file a return on or before the 20th [25th] day of the month following the end of each calendar month. (b) A motor fuel transporter and an interstate trucker shall file a return on or before the 20th [25th] day of the month following the end of the calendar quarter. SECTION 3. Section 162.116(b), Tax Code, is amended to read as follows: (b) A supplier or permissive supplier that timely pays the tax to this state may deduct from the amount of tax due a collection allowance equal to one-half of one [two] percent of the amount of tax payable to this state. SECTION 4. Section 162.119(b), Tax Code, is amended to read as follows: (b) An importer of gasoline that timely files a return and payment may deduct from the amount of tax payable with the return a collection allowance equal to one-half of one [two] percent of the amount of tax payable to this state. SECTION 5. Section 162.127(f), Tax Code, is amended to read as follows: (f) After examination of the refund claim, the comptroller, before issuing a refund warrant, shall deduct from the amount of the refund the one-half of one [two] percent deducted originally by the license holder on the first sale or distribution of the gasoline. SECTION 6. Section 162.214(e), Tax Code, is amended to read as follows: (e) A licensed distributor or licensed importer who makes timely payments of the diesel fuel tax imposed under this subchapter is entitled to retain an amount equal to .375 [1.75] percent of the total taxes to be paid to the supplier or permissive supplier to cover administrative expenses. SECTION 7. Sections 162.215(a) and (b), Tax Code, are amended to read as follows: (a) Except as provided by Subsection (b), each person who is liable for the tax imposed by this subchapter, a terminal operator, and a licensed distributor shall file a return on or before the 20th [25th] day of the month following the end of each calendar month. (b) A motor fuel transporter, interstate trucker, and dyed diesel fuel bonded user shall file a return on or before the 20th [25th] day of the month following the end of the calendar quarter. SECTION 8. Section 162.217(b), Tax Code, is amended to read as follows: (b) A supplier or permissive supplier that timely pays the tax to this state may deduct from the amount of tax due a collection allowance equal to one-half of one [two] percent of the amount of tax payable to this state. SECTION 9. Section 162.220(b), Tax Code, is amended to read as follows: (b) An importer of diesel fuel that timely files a return and payment may deduct from the amount of tax payable with the return a collection allowance equal to one-half of one [two] percent of the amount of tax payable to this state. SECTION 10. Section 162.229(f), Tax Code, is amended to read as follows: (f) After examination of the refund claim, the comptroller, before issuing a refund warrant, shall deduct from the amount of the refund the one-half of one [two] percent deducted originally by the license holder on the first sale or distribution of the diesel fuel. SECTION 11. Section 162.501(a), Tax Code, is amended to read as follows: (a) Before any other allocation of the taxes collected under this chapter is made, one-half of one percent of the gross amount of the taxes shall be deposited in the state treasury in a special fund, subject to the use of the comptroller in the administration and enforcement of this chapter. SECTION 12. Subchapter F, Chapter 162, Tax Code, is amended by adding Section 162.5015 to read as follows: Sec. 162.5015. ALLOCATION AND USE OF CERTAIN REVENUE. (a) On or before the fifth workday after each month, the comptroller shall determine as accurately as possible: (1) the difference between the amount of revenue the comptroller allocated under Section 162.501 and the amount the comptroller would have allocated if the comptroller allocated one percent of the gross amount of the taxes instead of one-half of one percent; and (2) the difference between the amount of revenue that suppliers, importers, and distributors retained or deducted as administrative allowances under Subchapters B and C and the amount the suppliers, importers, and distributors would have retained or deducted if the administrative allowance was equal to two percent instead of one-half of one percent. (b) After making deductions for refund purposes, the comptroller shall allocate and deposit the revenue as follows: (1) one-fourth to the credit of the available school fund; and (2) three-fourths to the credit of the state highway fund. (c) Revenue deposited to the state highway fund under Subsection (b)(2) may be appropriated only to the Texas Department of Transportation. The Texas Department of Transportation may use the revenue only in the three department districts that have the highest population for projects intended to mitigate traffic congestion in those districts. SECTION 13. Section 162.503, Tax Code, is amended to read as follows: Sec. 162.503. ALLOCATION OF GASOLINE TAX. On or before the fifth workday after the end of each month, the comptroller, after making all deductions for refund purposes and for the amounts allocated under Sections 162.5015, 162.502, and 162.5025, shall allocate the net remainder of the taxes collected under Subchapter B as follows: (1) one-fourth of the tax shall be deposited to the credit of the available school fund; (2) one-half of the tax shall be deposited to the credit of the state highway fund for the construction and maintenance of the state road system under existing law; and (3) from the remaining one-fourth of the tax the comptroller shall: (A) deposit to the credit of the county and road district highway fund all the remaining tax receipts until a total of $7,300,000 has been credited to the fund each fiscal year; and (B) after the amount required to be deposited to the county and road district highway fund has been deposited, deposit to the credit of the state highway fund the remainder of the one-fourth of the tax, the amount to be provided on the basis of allocations made each month of the fiscal year, which sum shall be used by the Texas Department of Transportation for the construction, improvement, and maintenance of farm-to-market roads. SECTION 14. Section 162.504, Tax Code, is amended to read as follows: Sec. 162.504. ALLOCATION OF DIESEL FUEL TAX. On or before the fifth workday after the end of each month, the comptroller, after making deductions for refund purposes, for the administration and enforcement of this chapter, and for the amounts allocated under Sections 162.5015 and [Section] 162.5025, shall allocate the remainder of the taxes collected under Subchapter C as follows: (1) one-fourth of the taxes shall be deposited to the credit of the available school fund; and (2) three-fourths of the taxes shall be deposited to the credit of the state highway fund. SECTION 15. This Act applies only to taxes imposed on or after the effective date of this Act. Taxes imposed before the effective date of this Act are governed by the law in effect on the date those taxes were imposed, and that law is continued in effect for that purpose. SECTION 16. This Act takes effect September 1, 2005.