Amend CSSB 2949 (senate committee report) in SECTION 2.02 of the bill as follows:
(1) Strike added Section 426.001, Government Code (page 10, lines 3 through 19), and substitute the following:
Sec. 426.001. GENERAL DEFINITIONS. In this chapter:
(1) "Bulk transfer/terminal system," "export," "motor fuel," and "transport vehicle" have the meanings assigned by Section 162.001, Tax Code.
(2) "Transloading" means the transfer of motor fuel from a railcar, tank, container, or transport vehicle into any other railcar, tank, container, or transport vehicle for purposes of storage, redistribution, or export.
Sec. 426.0015. MOTOR FUEL DEPOTS. (a) In this chapter, "motor fuel depot" means any stationary or mobile facility used for the temporary or permanent storage, staging, transfer, transloading, or handling of motor fuel for export, whether the motor fuel is stored in a tank, container, or vehicle.
(b) The term "motor fuel depot" does not include a facility that:
(1) is part of the bulk transfer/terminal system;
(2) is operating under a valid license issued by the comptroller; or
(3) is used solely for lawful activities consistent with this chapter and is not used to facilitate or conceal unlawful transloading, tax evasion, or other violations of this chapter, Chapter 162, Tax Code, or Section 26.3574, Water Code, regardless of whether the user holds a license.
(c) The motor fuel stored at a motor fuel depot is presumed to be purchased and stored for export if the motor fuel was purchased tax-free for export or any of the motor fuel stored at the motor fuel depot is subsequently exported.
(2) In added Section 426.003(1), Government Code (page 10, line 34), after the underlined semicolon, insert "or".
(3) In added Section 426.003(2)(B), Government Code (page 10, line 40), strike "; or" and insert an underlined period.
(4) Strike added Section 426.003(3), Government Code (page 10, lines 41 and 42).
(5) Strike added Section 426.006, Government Code (page 11, lines 4 through 7) and substitute the following:
Sec. 426.006. DISCIPLINARY ACTION BY ISSUING REGULATORY AGENCY. (a) A regulatory agency that issues a license or permit to a person subject to this chapter may take disciplinary action against the person if the agency determines the person has violated this chapter.
(b) For purposes of this section, a regulatory agency may use the following as evidence of a violation of this chapter:
(1) a final conviction for an offense under this chapter;
(2) a final administrative enforcement order by the agency issued under this chapter or other applicable law; or
(3) a civil judgment finding a violation of this chapter or other related motor fuel tax or environmental law.