85R7953 ADM-F
	By: Parker	H.B. No. 1332

	A BILL TO BE ENTITLED
	AN ACT
	relating to the exemption of certain entities that operate
	ambulances from certain motor fuel taxes.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 162.104(a), Tax Code, is amended to read
	as follows:
	(a)  The tax imposed by this subchapter does not apply to
	gasoline:
	(1)  sold to the United States for its exclusive use,
	provided that the exemption does not apply with respect to fuel sold
	or delivered to a person operating under a contract with the United
	States;
	(2)  sold to a public school district in this state for
	the district's exclusive use;
	(3)  sold to a commercial transportation company or a
	metropolitan rapid transit authority operating under Chapter 451,
	Transportation Code, that provides public school transportation
	services to a school district under Section 34.008, Education Code,
	and that uses the gasoline only to provide those services;
	(4)  exported by either a licensed supplier or a
	licensed exporter from this state to any other state, provided
	that:
	(A)  for gasoline in a situation described by
	Subsection (d), the bill of lading indicates the destination state
	and the supplier collects the destination state tax; or
	(B)  for gasoline in a situation described by
	Subsection (e), the bill of lading indicates the destination state,
	the gasoline is subsequently exported, and the exporter is licensed
	in the destination state to pay that state's tax and has an
	exporter's license issued under this subchapter;
	(5)  moved by truck or railcar between licensed
	suppliers or licensed permissive suppliers and in which the
	gasoline removed from the first terminal comes to rest in the second
	terminal, provided that the removal from the second terminal rack
	is subject to the tax imposed by this subchapter;
	(6)  delivered or sold into a storage facility of a
	licensed aviation fuel dealer from which gasoline will be delivered
	solely into the fuel supply tanks of aircraft or aircraft servicing
	equipment, or sold from one licensed aviation fuel dealer to
	another licensed aviation fuel dealer who will deliver the aviation
	fuel exclusively into the fuel supply tanks of aircraft or aircraft
	servicing equipment;
	(7)  exported to a foreign country if the bill of lading
	indicates the foreign destination and the fuel is actually exported
	to the foreign country;
	(8)  sold to a volunteer fire department in this state
	for the department's exclusive use; [or]
	(9)  sold to a nonprofit entity that is organized for
	the sole purpose of and engages exclusively in providing emergency
	medical services and that uses the gasoline exclusively to provide
	emergency medical services, including rescue and ambulance
	services; or
	(10)  sold to an entity that:
	(A)  uses the gasoline exclusively for an
	ambulance operated by a person licensed under Chapter 773, Health
	and Safety Code; and
	(B)  has an agreement with a local governmental
	entity to provide emergency ambulance services.
	SECTION 2.  Section 162.125(a), Tax Code, is amended to read
	as follows:
	(a)  A license holder may take a credit on a return for the
	period in which the sale occurred if the license holder paid tax on
	the purchase of gasoline and subsequently resells the gasoline
	without collecting the tax to:
	(1)  the United States government for its exclusive
	use, provided that a credit is not allowed for gasoline used by a
	person operating under contract with the United States;
	(2)  a public school district in this state for the
	district's exclusive use;
	(3)  an exporter licensed under this subchapter if the
	seller is a licensed supplier or distributor and the exporter
	subsequently exports the gasoline to another state;
	(4)  a licensed aviation fuel dealer if the seller is a
	licensed distributor; [or]
	(5)  a commercial transportation company or a
	metropolitan rapid transit authority operating under Chapter 451,
	Transportation Code, that provides public school transportation
	services to a school district under Section 34.008, Education Code,
	and that uses the gasoline exclusively to provide those services;
	or
	(6)  an entity that:
	(A)  uses the gasoline exclusively for an
	ambulance operated by a person licensed under Chapter 773, Health
	and Safety Code; and
	(B)  has an agreement with a local governmental
	entity to provide emergency ambulance services.
	SECTION 3.  Subchapter B, Chapter 162, Tax Code, is amended
	by adding Section 162.1276 to read as follows:
	Sec. 162.1276.  REFUND FOR CERTAIN AMBULANCE OPERATORS. (a)
	An entity is entitled to a refund of taxes paid under this
	subchapter for gasoline used to operate an ambulance and may file a
	refund claim with the comptroller for the amount of those taxes if
	the entity:
	(1)  uses the gasoline exclusively for an ambulance
	operated by a person licensed under Chapter 773, Health and Safety
	Code; and
	(2)  has an agreement with a local governmental entity
	to provide emergency ambulance services.
	(b)  The refund claim under Subsection (a) must contain
	information regarding:
	(1)  vehicle mileage;
	(2)  hours of service provided; and
	(3)  fuel consumed.
	(c)  An entity that requests a refund under this section
	shall maintain all supporting documentation relating to the refund
	until the sixth anniversary of the date of the request.
	SECTION 4.  Section 162.204(a), Tax Code, is amended to read
	as follows:
	(a)  The tax imposed by this subchapter does not apply to:
	(1)  diesel fuel sold to the United States for its
	exclusive use, provided that the exemption does not apply to diesel
	fuel sold or delivered to a person operating under a contract with
	the United States;
	(2)  diesel fuel sold to a public school district in
	this state for the district's exclusive use;
	(3)  diesel fuel sold to a commercial transportation
	company or a metropolitan rapid transit authority operating under
	Chapter 451, Transportation Code, that provides public school
	transportation services to a school district under Section 34.008,
	Education Code, and that uses the diesel fuel only to provide those
	services;
	(4)  diesel fuel exported by either a licensed supplier
	or a licensed exporter from this state to any other state, provided
	that:
	(A)  for diesel fuel in a situation described by
	Subsection (d), the bill of lading indicates the destination state
	and the supplier collects the destination state tax; or
	(B)  for diesel fuel in a situation described by
	Subsection (e), the bill of lading indicates the destination state,
	the diesel fuel is subsequently exported, and the exporter is
	licensed in the destination state to pay that state's tax and has an
	exporter's license issued under this subchapter;
	(5)  diesel fuel moved by truck or railcar between
	licensed suppliers or licensed permissive suppliers and in which
	the diesel fuel removed from the first terminal comes to rest in the
	second terminal, provided that the removal from the second terminal
	rack is subject to the tax imposed by this subchapter;
	(6)  diesel fuel delivered or sold into a storage
	facility of a licensed aviation fuel dealer from which the diesel
	fuel will be delivered solely into the fuel supply tanks of aircraft
	or aircraft servicing equipment, or sold from one licensed aviation
	fuel dealer to another licensed aviation fuel dealer who will
	deliver the diesel fuel exclusively into the fuel supply tanks of
	aircraft or aircraft servicing equipment;
	(7)  diesel fuel exported to a foreign country if the
	bill of lading indicates the foreign destination and the fuel is
	actually exported to the foreign country;
	(8)  dyed diesel fuel sold or delivered by a supplier to
	another supplier and dyed diesel fuel sold or delivered by a
	supplier or distributor into the bulk storage facility of a dyed
	diesel fuel bonded user or to a purchaser who provides a signed
	statement as provided by Section 162.206;
	(9)  the volume of water, fuel ethanol, renewable
	diesel, biodiesel, or mixtures thereof that are blended together
	with taxable diesel fuel when the finished product sold or used is
	clearly identified on the retail pump, storage tank, and sales
	invoice as a combination of diesel fuel and water, fuel ethanol,
	renewable diesel, biodiesel, or mixtures thereof;
	(10)  dyed diesel fuel sold by a supplier or permissive
	supplier to a distributor, or by a distributor to another
	distributor;
	(11)  dyed diesel fuel delivered by a license holder
	into the fuel supply tanks of railway engines, motorboats, or
	refrigeration units or other stationary equipment powered by a
	separate motor from a separate fuel supply tank;
	(12)  dyed kerosene when delivered by a supplier,
	distributor, or importer into a storage facility at a retail
	business from which all deliveries are exclusively for heating,
	cooking, lighting, or similar nonhighway use;
	(13)  diesel fuel used by a person, other than a
	political subdivision, who owns, controls, operates, or manages a
	commercial motor vehicle as defined by Section 548.001,
	Transportation Code, if the fuel:
	(A)  is delivered exclusively into the fuel supply
	tank of the commercial motor vehicle; and
	(B)  is used exclusively to transport passengers
	for compensation or hire between points in this state on a fixed
	route or schedule;
	(14)  diesel fuel sold to a volunteer fire department
	in this state for the department's exclusive use; [or]
	(15)  diesel fuel sold to a nonprofit entity that is
	organized for the sole purpose of and engages exclusively in
	providing emergency medical services and that uses the diesel fuel
	exclusively to provide emergency medical services, including
	rescue and ambulance services; or
	(16)  diesel fuel sold to an entity that:
	(A)  uses the diesel fuel exclusively for an
	ambulance operated by a person licensed under Chapter 773, Health
	and Safety Code; and
	(B)  has an agreement with a local governmental
	entity to provide emergency ambulance services.
	SECTION 5.  Section 162.227(a), Tax Code, is amended to read
	as follows:
	(a)  A license holder may take a credit on a return for the
	period in which the sale occurred if the license holder paid tax on
	the purchase of diesel fuel and subsequently resells the diesel
	fuel without collecting the tax to:
	(1)  the United States government for its exclusive
	use, provided that a credit is not allowed for gasoline used by a
	person operating under a contract with the United States;
	(2)  a public school district in this state for the
	district's exclusive use;
	(3)  an exporter licensed under this subchapter if the
	seller is a licensed supplier or distributor and the exporter
	subsequently exports the diesel fuel to another state;
	(4)  a licensed aviation fuel dealer if the seller is a
	licensed distributor; [or]
	(5)  a commercial transportation company or a
	metropolitan rapid transit authority operating under Chapter 451,
	Transportation Code, that provides public school transportation
	services to a school district under Section 34.008, Education Code,
	and that uses the diesel fuel exclusively to provide those
	services; or
	(6)  an entity that:
	(A)  uses the diesel fuel exclusively for an
	ambulance operated by a person licensed under Chapter 773, Health
	and Safety Code; and
	(B)  has an agreement with a local governmental
	entity to provide emergency ambulance services.
	SECTION 6.  Subchapter C, Chapter 162, Tax Code, is amended
	by adding Section 162.2276 to read as follows:
	Sec. 162.2276.  REFUND FOR CERTAIN AMBULANCE OPERATORS. (a)
	An entity is entitled to a refund of taxes paid under this
	subchapter for diesel fuel used to operate an ambulance and may file
	a refund claim with the comptroller for the amount of those taxes if
	the entity:
	(1)  uses the diesel fuel exclusively for an ambulance
	operated by a person licensed under Chapter 773, Health and Safety
	Code; and
	(2)  has an agreement with a local governmental entity
	to provide emergency ambulance services.
	(b)  The refund claim under Subsection (a) must contain
	information regarding:
	(1)  vehicle mileage;
	(2)  hours of service provided; and
	(3)  fuel consumed.
	(c)  An entity that requests a refund under this section
	shall maintain all supporting documentation relating to the refund
	until the sixth anniversary of the date of the request.
	SECTION 7.  The change in law made by this Act does not
	affect tax liability accruing before the effective date of this
	Act. That liability continues in effect as if this Act had not been
	enacted, and the former law is continued in effect for the
	collection of taxes due and for civil and criminal enforcement of
	the liability for those taxes.
	SECTION 8.  This Act takes effect September 1, 2017.