80R3633 SGA-D
 
  By: Swinford H.B. No. 1088
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the definition of "biodiesel" as a component of motor
fuel.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 16.001(3), Agriculture Code, is amended
to read as follows:
             (3)  "Biodiesel" means a motor fuel [monoalkyl ester]
that:
                   (A)  is composed of monoalkyl esters derived from
agricultural products, vegetable oils, rendered animal fats,
recycled vegetable or animal greases, the wastes of those products
or fats, [or renewable lipids] or a combination of those
ingredients; and
                   (B)  meets the requirements of ASTM D 6751, as
approved by ASTM International in December 2001, which covers pure 
[PS 121, the provisional specification for] biodiesel and biodiesel
blended with petroleum-based diesel fuel in levels up to 20 percent
of biodiesel by volume of diesel fuel.
       SECTION 2.  Section 162.001(7), Tax Code, is amended to read
as follows:
              (7)  "Biodiesel fuel" means any motor fuel or mixture
of motor fuels that [is]:
                   (A)  is composed at least in part of monoalkyl
esters derived [wholly or partly] from agricultural products,
vegetable oils, rendered [recycled greases, or] animal fats,
recycled vegetable or animal greases, [or] the wastes of those
products or fats, or a combination of those ingredients; [and]
                   (B)  meets the requirements of ASTM D 6751, as
approved by ASTM International in December 2001, which covers pure
biodiesel and biodiesel blended with petroleum-based diesel fuel in
levels up to 20 percent of biodiesel by volume of diesel fuel; and
                   (C)  is advertised, offered for sale, suitable for
use, or used as a motor fuel in an internal combustion engine.
       SECTION 3.  Section 16.001(3), Agriculture Code, as amended
by this Act, applies only to a plant registration decided on or a
grant distributed by the Texas Economic Development and Tourism
Office under Chapter 16, Agriculture Code, on or after the
effective date of this Act. A plant registration decided on or
grant distribution made by the Texas Economic Development and
Tourism Office under Chapter 16, Agriculture Code, before the
effective date of this Act is governed by the law in effect on the
date of the decision or grant distribution, and that law is
continued in effect for that purpose.
       SECTION 4.  The change in law made by this Act to Section
162.001(7), Tax Code, does not affect taxes imposed before the
effective date of this Act, and the law in effect before the
effective date of this Act is continued in effect for purposes of
the liability for and collection of those taxes.
       SECTION 5.  This Act takes effect January 1, 2008.