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A BILL TO BE ENTITLED
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AN ACT
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relating to the rate of the motor vehicle sales and use tax imposed |
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on certain motor vehicles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 152.001, Tax Code, is amended by adding |
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Subdivision (20) to read as follows: |
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(20) "Hybrid motor vehicle" means a motor vehicle that |
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draws propulsion energy from both gasoline or conventional diesel |
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fuel and a rechargeable energy storage system. |
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SECTION 2. Section 152.021, Tax Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) Except as provided by Subsection (c), the [The] tax rate |
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is 6-1/4 percent of the total consideration. |
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(c) The tax rate for a hybrid motor vehicle, other than a |
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plug-in hybrid electric motor vehicle as defined by Section |
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152.0902(a), is 3.125 percent of the total consideration. |
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SECTION 3. Section 152.022(b), Tax Code, is amended to read |
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as follows: |
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(b) The tax is imposed at the appropriate rate prescribed by |
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Section 152.021 on [rate is 6-1/4 percent of] the total |
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consideration. |
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SECTION 4. Section 152.026(b), Tax Code, is amended to read |
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as follows: |
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(b) The tax rate is 10 percent of the gross rental receipts |
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from the rental of a rented motor vehicle for 30 days or less. The |
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tax on [and 6-1/4 percent of] the gross rental receipts from the |
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rental of a rented motor vehicle for longer than 30 days is imposed |
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at the appropriate rate prescribed by Section 152.021. |
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SECTION 5. Section 152.028(b), Tax Code, is amended to read |
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as follows: |
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(b) The tax is imposed at the appropriate rate prescribed by |
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Section 152.021 on [rate is 6-1/4 percent of] the total |
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consideration. |
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SECTION 6. Subchapter E, Chapter 152, Tax Code, is amended |
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by adding Section 152.0902 to read as follows: |
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Sec. 152.0902. CERTAIN PLUG-IN ELECTRIC MOTOR VEHICLES. |
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(a) In this section: |
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(1) "Plug-in electric motor vehicle" means a motor |
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vehicle that is powered exclusively by an electric motor supplied |
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by batteries that can be charged from an external electrical |
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outlet. |
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(2) "Plug-in hybrid electric motor vehicle" means a |
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motor vehicle that draws propulsion energy from both gasoline or |
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conventional diesel fuel and batteries that can be charged from an |
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external electrical outlet. |
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(b) The taxes imposed by this chapter do not apply to the |
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sale or use of a plug-in electric motor vehicle or plug-in hybrid |
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electric motor vehicle. |
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SECTION 7. The change in law made by this Act does not |
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affect tax liability accruing before the effective date of this |
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Act. That liability continues in effect as if this Act had not been |
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enacted, and the former law is continued in effect for the |
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collection of taxes due and for civil and criminal enforcement of |
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the liability for those taxes. |
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SECTION 8. This Act takes effect September 1, 2009. |