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Amend CSSB 855, in SECTION 1 of the bill, by striking proposed
Section 446.055, Local Government Code (committee printing page 3,
line 54 through page 4, line 43), and substituting the following:
Sec. 446.055. IMPOSITION OF COUNTY MOTOR FUEL TAX. (a) A
county to which this chapter applies may, if approved in accordance
with other provisions of this chapter, impose a tax at a rate of 2,
4, 6, 8, or 10 cents per gallon on the sale of gasoline and diesel
fuel that is sold in the county by a person, including a dealer,
distributor, supplier, or permissive supplier, engaged in the sale
of motor fuels used to propel a motor vehicle on the public highways
of the state. The tax is added to the selling price of the gasoline
or diesel fuel and is part of the gasoline or diesel fuel price, is a
debt owed to the seller, and is recoverable at law in the same
manner as the fuel charge for gasoline or diesel fuel.
(b) The tax authorized by this section is in addition to the
tax imposed by Chapter 162, Tax Code, and shall be collected in
conjunction with that tax when gasoline or diesel fuel is removed
from a terminal using the terminal rack, other than by bulk
transfer, to be sold or delivered into a county that has imposed the
tax authorized by this section.
(c) The comptroller shall administer, collect, and enforce
any tax imposed upon the sale of gasoline or diesel fuel approved in
accordance with the provisions of this chapter. The tax shall be
exclusively administered, collected, and enforced in conformance
with the provisions of Chapter 162, Tax Code, governing the tax
assessed on the sale of gasoline and diesel fuel. References found
in Chapter 162, Tax Code, to taxes imposed under that chapter shall
also include taxes imposed under this section.
(d) Words used in this section and defined by Chapter 162,
Tax Code, have the meanings assigned by that chapter.
(e) The exemptions provided by Sections 162.104 and
162.204, Tax Code, apply to the tax authorized by this section.
(f) The comptroller may adopt reasonable rules and
prescribe forms that are consistent with this chapter and Chapter
162, Tax Code, for the administration, collection, reporting, and
enforcement of this section.
(g) Before sending any money to a county under this section,
the comptroller shall deduct any costs incurred by the comptroller
related to the comptroller's preparations to administer, collect,
and enforce a tax upon the sale of gasoline or diesel fuel approved
in accordance with this chapter. Each county which approves the
imposition of a tax on the sale of gasoline or diesel fuel shall be
charged a pro-rata amount for the comptroller's costs in preparing
to administer, collect, and enforce the tax. If only one county
elects to approve the imposition of a tax on the sale of gasoline or
diesel fuel within its jurisdiction, that county shall bear all of
the costs incurred by the comptroller but may recover pro-rata
shares of this cost from other counties which approve the
imposition of the tax. The comptroller shall also deduct two
percent of the amount of taxes collected under this section during
the period for which a distribution is made as the state's charge
for its services under this section and shall credit the money
deducted to the general revenue fund. At least twice during each
state fiscal year, and at other times as often as feasible, the
comptroller shall send to the county treasurer payable to the
county the county's share of the taxes collected by the comptroller
under this section.
(h) Except as provided by Subsection (i), the tax authorized
by this section takes effect on the first day of the first calendar
quarter following the expiration of the first complete quarter
occurring after the date of election authorizing the order imposing
the tax under Section 446.054.
(i) If the comptroller determines that the time of effect
required by Subsection (h) will occur before the comptroller can
reasonably take the action required to begin collecting the tax,
the comptroller may delay the time of effect until the first day of
the first calendar quarter following the date the comptroller
declares that it is ready to begin collecting the tax.