Suspending limitations on conference committee jurisdiction, 
H.B. No. 2233 (J. Keffer/Duncan)
By:  Duncan                             S.R. No. 1077
SENATE RESOLUTION
	BE IT RESOLVED by the Senate of the State of Texas, 79th 
Legislature, Regular Session, 2005, That Senate Rule 12.03 be 
suspended in part as provided by Senate Rule 12.08 to enable the 
conference committee appointed to resolve the differences on 
House Bill 2233 (state and certain local fiscal matters; 
providing a penalty) to consider and take action on the following 
matter:
	Senate Rules 12.03(3) and (4) are suspended to permit the 
conference committee to add the following:
	SECTION 125.5.  Section 162.227, Tax Code, is amended by 
adding Subsection (c-1) to read as follows:
	(c-1)  A license holder may take a credit on a return for 
the period in which the purchase occurred, and a person who does 
not hold a license may file a refund claim with the comptroller, 
if the license holder or person paid tax on diesel fuel and the 
diesel fuel is used in this state:
		(1)  as a feedstock or other component in the further 
manufacturing of tangible personal property for resale not as a 
motor fuel; or
		(2)  in the original production of oil or gas or to 
increase the production of oil or gas.
	Explanation:  This change is necessary to add provisions 
to the bill related to eligibility for credits for diesel fuel 
taxes paid.
_______________________________ 
    President of the Senate
 
     I hereby certify that the 
above Resolution was adopted by 
the Senate on May 29, 2005, by the 
following vote:  Yeas 31, Nays 0.
_______________________________ 
    Secretary of the Senate