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A BILL TO BE ENTITLED
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AN ACT
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relating to the repeal of certain state taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. BINGO GROSS RENTALS TAX |
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SECTION 1.01. Section 2001.103(d), Occupations Code, is |
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amended to read as follows: |
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(d) An organization operating under a temporary license is |
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subject to: |
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(1) the [taxes and] fees authorized or imposed by this |
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chapter; and |
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(2) the other provisions of this chapter to the extent |
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they can be made applicable. |
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SECTION 1.02. Section 2001.312, Occupations Code, is |
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amended to read as follows: |
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Sec. 2001.312. FAILURE TO FILE [TAX OR] FEE REPORTS. A |
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person is not eligible for a license or a license renewal unless all |
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required reports[, tax returns,] and requested information have |
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been filed under this chapter. |
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SECTION 1.03. Section 2001.355(b), Occupations Code, is |
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amended to read as follows: |
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(b) Before temporarily suspending a license, the director |
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of bingo operations must follow any prehearing rules adopted by the |
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commission to determine if the license holder's continued operation |
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may constitute: |
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(1) an immediate threat to the health, safety, morals, |
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or welfare of the public; or |
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(2) a financial loss to this state, which includes a |
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license holder's failure to remit [taxes under Section 2001.501 or] |
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prize fee payments under Section 2001.502 to the commission as |
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required by that section [those sections]. |
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SECTION 1.04. Section 2001.437(a), Occupations Code, is |
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amended to read as follows: |
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(a) If the unit accounting agreement of a unit states that a |
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unit manager is responsible for compliance with commission rules |
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and this chapter, the unit manager is responsible for: |
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(1) the filing of one quarterly report for the unit on |
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a form prescribed by the commission; and |
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(2) the payment of [taxes and] fees and the |
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maintenance of the bingo inventory and financial records of the |
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unit. |
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SECTION 1.05. Section 2001.438(f), Occupations Code, is |
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amended to read as follows: |
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(f) Each licensed authorized organization that is a member |
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of the unit shall be jointly and severally liable for: |
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(1) compliance with the requirements of this |
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subchapter and the rules of the commission relating to the filing of |
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required reports; |
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(2) the maintenance of bingo inventory and financial |
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records; and |
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(3) the payment of [taxes,] fees[,] and any penalties |
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imposed for a violation of this subchapter or commission rules |
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related to the operations of the unit. |
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SECTION 1.06. The heading to Subchapter K, Chapter 2001, |
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Occupations Code, is amended to read as follows: |
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SUBCHAPTER K. [TAXES AND] PRIZE FEES |
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SECTION 1.07. Section 2001.504, Occupations Code, is |
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amended to read as follows: |
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Sec. 2001.504. PAYMENT AND REPORTING OF [TAX OR] FEE. |
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(a) A [tax or] fee on prizes authorized or imposed under this |
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subchapter is due and is payable by the license holder or a person |
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conducting bingo without a license to the commission quarterly on |
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or before the 25th day of the month succeeding each calendar |
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quarter. |
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(b) The report of the [a tax or] fee on prizes must be filed |
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under oath on forms prescribed by the commission. |
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(c) The commission shall adopt rules for the payment of the |
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fee on prizes [taxes and fees]. |
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(d) A license holder required to file a report of the fee on |
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prizes [tax return] shall deliver the quarterly report [return] |
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with the net amount of the fee [tax] due to the commission. |
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[(e)
The commission shall deposit the revenue collected
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under this section to the credit of the general revenue fund.] |
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SECTION 1.08. Section 2001.508, Occupations Code, is |
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amended to read as follows: |
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Sec. 2001.508. PENALTIES FOR FAILURE TO PAY OR REPORT. |
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(a) If a person fails to file a report of the fee on prizes |
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[return] as required by this chapter or fails to pay to the |
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commission the fee on prizes [taxes] imposed under this chapter |
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when the report [return] or payment is due, the person forfeits five |
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percent of the amount due as a penalty, and after the first 30 days, |
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the person forfeits an additional five percent. |
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(b) A delinquent payment of the fee on prizes [tax] accrues |
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interest at the rate provided by Section 111.060, Tax Code, |
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beginning on the 60th day after the due date. |
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SECTION 1.09. Section 2001.509, Occupations Code, is |
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amended to read as follows: |
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Sec. 2001.509. RECOMPUTATION OF PRIZE FEE [TAX]. If the |
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commission is not satisfied with a report of the fee on prizes [tax
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return] or the amount of the fee on prizes [tax] required to be |
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remitted under this chapter to the state by a person, the commission |
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may compute and determine the amount required to be paid on the |
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basis of: |
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(1) the facts contained in the report of the fee on |
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prizes [return] or report of receipts and expenses; or |
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(2) any information possessed by the commission or |
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that may come into the possession of the commission, without regard |
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to the period covered by the information. |
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SECTION 1.10. The heading to Section 2001.510, Occupations |
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Code, is amended to read as follows: |
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Sec. 2001.510. DETERMINATION IF NO REPORT [RETURN] MADE. |
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SECTION 1.11. Sections 2001.510(a) and (c), Occupations |
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Code, are amended to read as follows: |
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(a) If a license holder fails to make a required report of |
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the fee on prizes [return], or if a person conducts bingo without a |
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license, the commission shall make an estimate of the prizes |
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awarded at a bingo occasion [or of the gross rentals received by a
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license holder for the rental of premises]. The commission shall |
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make the estimate for the period in respect to which the license |
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holder or other person failed to make a report [return]. |
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(c) On the basis of the commission's estimate, the |
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commission shall compute and determine the amount of the fee on |
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prizes [taxes or fees] required to be paid to the state and shall |
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add to that amount a penalty of 10 percent of the amount. |
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SECTION 1.12. Sections 2001.511(a) and (c), Occupations |
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Code, are amended to read as follows: |
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(a) If the commission believes that the collection of the [a
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gross rental tax or] fee on prizes, an amount of the [tax or] fee on |
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prizes required to be remitted to the state, or the amount of a |
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determination will be jeopardized by delay, the commission shall |
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make a determination of the [tax or] fee on prizes or amount of the |
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[tax or] fee required to be collected, noting the finding of |
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jeopardy on the determination. The determined amount is due and |
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payable immediately. |
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(c) A delinquency penalty of 10 percent of the [tax or] fee |
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on prizes or amount of the [tax or] fee on prizes and interest at the |
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rate of 10 percent a year attaches to the amount of the [tax or] fee |
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on prizes or the amount of the [tax or] fee on prizes required to be |
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collected. |
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SECTION 1.13. Section 2001.512, Occupations Code, is |
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amended to read as follows: |
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Sec. 2001.512. APPLICATION OF TAX LAWS. (a) Subtitle B, |
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Title 2, Tax Code, applies to the administration, collection, and |
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enforcement of [the gross rentals tax imposed under Section
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2001.501 and] the fee on prizes imposed under Section 2001.502 |
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except as modified by this chapter. |
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(b) In applying the provisions of Subtitle B, Title 2, Tax |
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Code, to [the gross rentals tax imposed under Section 2001.501 and] |
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the fee on prizes imposed under Section 2001.502 only, the fee on |
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prizes is treated as if it were a tax and the powers and duties |
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assigned to the comptroller under that subtitle are assigned to the |
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commission. |
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SECTION 1.14. Section 2001.513(a), Occupations Code, is |
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amended to read as follows: |
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(a) At any time within three years after a person is |
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delinquent in the payment of an amount of the [gross rentals tax or] |
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fee on prizes, the commission may collect the amount under this |
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section. |
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SECTION 1.15. Sections 2001.514(a), (c), and (d), |
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Occupations Code, are amended to read as follows: |
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(a) To secure payment of [the tax on gross rentals or] the |
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fee on prizes imposed under this subchapter, each license holder |
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shall furnish to the commission: |
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(1) a cash bond; |
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(2) a bond from a surety company chartered or |
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authorized to do business in this state; |
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(3) certificates of deposit; |
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(4) certificates of savings; |
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(5) United States treasury bonds; |
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(6) subject to the approval of the commission, an |
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assignment of negotiable stocks or bonds; or |
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(7) other security as the commission considers |
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sufficient. |
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(c) On a license holder's failure to pay [the gross rentals
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tax or] the fee on prizes imposed under this subchapter, the |
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commission may notify the license holder and any surety of the |
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delinquency by jeopardy or deficiency determination. If payment is |
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not made when due, the commission may forfeit all or part of the |
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bond or security. |
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(d) If the license holder ceases to conduct bingo and |
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relinquishes the license holder's license, the commission shall |
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authorize the release of all bonds and other security on a |
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determination that no amounts of [the gross rentals tax or] the fee |
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on prizes remain due and payable under this subchapter. |
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SECTION 1.16. Section 2001.515, Occupations Code, is |
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amended to read as follows: |
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Sec. 2001.515. COMMISSION'S [TAX] DUTIES. The commission |
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shall perform all functions incident to the administration, |
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collection, enforcement, and operation of the fee on prizes [a tax] |
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imposed under this subchapter. |
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SECTION 1.17. Section 2001.501, Occupations Code, is |
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repealed. |
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ARTICLE 2. LIQUEFIED GAS MOTOR FUELS TAX |
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SECTION 2.01. Section 105.001(a), Business & Commerce Code, |
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is amended by adding Subdivision (3) to read as follows: |
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(3) "Liquefied gas" means all combustible gases that |
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exist in the gaseous state at 60 degrees Fahrenheit and at a |
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pressure of 14.7 pounds per square inch absolute, but does not |
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include compressed natural gas, liquefied natural gas, gasoline, or |
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diesel fuel, as those terms are defined by Section 162.001, Tax |
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Code. |
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SECTION 2.02. Section 105.002(b), Business & Commerce Code, |
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is amended to read as follows: |
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(b) This chapter does not apply to: |
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(1) a service station or other facility that: |
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(A) never provides pump island service; and |
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(B) has only remotely controlled pumps; or |
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(2) a refueling service used to provide liquefied |
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gas[, as defined by Section 162.001, Tax Code]. |
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SECTION 2.03. Subchapter H, Chapter 151, Tax Code, is |
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amended by adding Section 151.361 to read as follows: |
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Sec. 151.361. LIQUEFIED GAS USED AS MOTOR FUEL. (a) In |
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this section, "liquefied gas" means all combustible gases that |
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exist in the gaseous state at 60 degrees Fahrenheit and at a |
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pressure of 14.7 pounds per square inch absolute, but does not |
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include compressed natural gas, liquefied natural gas, gasoline, or |
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diesel fuel, as those terms are defined by Section 162.001. |
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(b) Liquefied gas is exempt from the taxes imposed by this |
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chapter if the liquefied gas is used for the propulsion of a motor |
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vehicle on the public highways of this state. |
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SECTION 2.04. Sections 162.001(19), (29), (38), (42), and |
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(43), Tax Code, are amended to read as follows: |
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(19) "Diesel fuel" means kerosene or another liquid, |
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or a combination of liquids blended together, offered for sale, |
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sold, used, or capable of use as fuel for the propulsion of a |
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diesel-powered engine. The term includes products commonly |
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referred to as kerosene, light cycle oil, #1 diesel fuel, #2 diesel |
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fuel, dyed or undyed diesel fuel, aviation jet fuel, renewable |
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diesel, biodiesel, distillate fuel, cutter stock, or heating oil, |
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but does not include compressed natural gas, liquefied natural gas, |
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gasoline, or aviation gasoline[, or liquefied gas]. |
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(29) "Gasoline" means any liquid or combination of |
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liquids blended together, offered for sale, sold, used, or capable |
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of use as fuel for a gasoline-powered engine. The term includes |
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gasohol, aviation gasoline, and blending agents, but does not |
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include compressed natural gas, liquefied natural gas, racing |
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gasoline, diesel fuel, or aviation jet fuel[, or liquefied gas]. |
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(38) "License holder" means a person licensed by the |
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comptroller under Section 162.105, 162.205, [162.304, 162.305,
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162.306,] 162.357, or 162.358. |
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(42) "Motor fuel" means gasoline, diesel fuel, |
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[liquefied gas,] gasoline blended fuel, compressed natural gas, |
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liquefied natural gas, and other products that are offered for |
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sale, sold, used, or capable of use as fuel for a gasoline-powered |
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engine or a diesel-powered engine. |
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(43) "Motor fuel transporter" means a person who |
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transports gasoline, diesel fuel, gasoline blended fuel, aviation |
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fuel, or any other motor fuel, except [liquefied gas,] compressed |
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natural gas[,] or liquefied natural gas, outside the bulk |
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transfer/terminal system by means of a transport vehicle, a |
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railroad tank car, or a marine vessel. The term does not include a |
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person who: |
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(A) is licensed under this chapter as a supplier, |
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permissive supplier, or distributor; and |
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(B) exclusively transports gasoline, diesel |
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fuel, gasoline blended fuel, aviation fuel, or any other motor fuel |
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to which the person retains ownership while the fuel is being |
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transported by the person. |
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SECTION 2.05. Section 162.014, Tax Code, is amended to read |
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as follows: |
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Sec. 162.014. OTHER MOTOR FUEL TAXES PROHIBITED. The taxes |
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imposed by this chapter are in lieu of any other excise or |
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occupation tax imposed by a political subdivision of this state on |
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the sale, use, or distribution of gasoline or[,] diesel fuel[, or
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liquefied gas]. |
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SECTION 2.06. Section 162.312, Tax Code, is transferred to |
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Subchapter D-1, Chapter 162, Tax Code, redesignated as Section |
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162.370, Tax Code, and amended to read as follows: |
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Sec. 162.370 [162.312]. APPLICABILITY OF SUBCHAPTER TO |
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CERTAIN PUBLIC TRANSPORTATION PROVIDERS USING COMPRESSED NATURAL |
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GAS OR LIQUEFIED NATURAL GAS. (a) This section applies only to a |
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person who: |
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(1) operates motor vehicles used to provide the |
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services of a transit company, including a metropolitan rapid |
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transit authority under Chapter 451, Transportation Code, or a |
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regional transportation authority under Chapter 452, |
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Transportation Code; and |
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(2) held a liquefied gas tax decal license issued |
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under former Subchapter D on or before August 31, 2013. |
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(b) Notwithstanding the other provisions of this subchapter |
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[Subchapter D-1], a person to which this section applies may: |
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(1) pay tax as provided by Subchapter D, as that |
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subchapter existed on January 1, 2015, [this subchapter] on |
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compressed natural gas or liquefied natural gas delivered into the |
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fuel supply tank of all motor vehicles described by Subsection |
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(a)(1) from a refueling facility accessible only to motor vehicles |
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described by Subsection (a)(1); and |
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(2) operate those motor vehicles on the public |
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highways of this state using compressed natural gas or liquefied |
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natural gas described by Subdivision (1). |
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(c) This section does not apply to compressed natural gas or |
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liquefied natural gas delivered into the fuel supply tank of a motor |
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vehicle from a refueling facility accessible to motor vehicles |
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other than those described by Subsection (a)(1). |
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(d) For purposes of this section [In this subchapter], |
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"liquefied gas," as that term was used in Sections 162.001, |
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162.402(a), and 162.403 and Subchapter D, as those provisions |
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existed on January 1, 2015, [gas"] includes compressed natural gas |
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and liquefied natural gas with respect to the persons to which this |
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section applies. The penalties provided by Sections 162.402(a) and |
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162.403 in connection with liquefied gas, as those sections existed |
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on January 1, 2015, apply to a person to which this section applies. |
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(e) The comptroller shall adopt rules necessary to |
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implement this section. |
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SECTION 2.07. Section 162.402(a), Tax Code, is amended to |
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read as follows: |
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(a) A person forfeits to the state a civil penalty of not |
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less than $25 and not more than $200 if the person: |
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(1) refuses to stop and permit the inspection and |
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examination of a motor vehicle transporting or using motor fuel on |
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demand of a peace officer or the comptroller; |
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(2) operates a motor vehicle in this state without a |
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valid interstate trucker's license or a trip permit when the person |
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is required to hold one of those licenses or permits; |
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(3) [operates a liquefied gas-propelled motor vehicle
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that is required to be licensed in this state, including motor
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vehicles equipped with dual carburetion, and does not display a
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current liquefied gas tax decal or multistate fuels tax agreement
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decal;
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[(4)
makes a tax-free sale or delivery of liquefied
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gas into the fuel supply tank of a motor vehicle that does not
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display a current Texas liquefied gas tax decal;
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[(5)
makes a taxable sale or delivery of liquefied gas
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without holding a valid dealer's license;
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[(6)
makes a tax-free sale or delivery of liquefied
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gas into the fuel supply tank of a motor vehicle bearing
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out-of-state license plates;
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[(7)
makes a delivery of liquefied gas into the fuel
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supply tank of a motor vehicle bearing Texas license plates and no
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Texas liquefied gas tax decal, unless licensed under a multistate
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fuels tax agreement;
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[(8)] transports gasoline or diesel fuel in any cargo |
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tank that has a connection by pipe, tube, valve, or otherwise with |
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the fuel injector or carburetor of, or with the fuel supply tank |
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feeding the fuel injector or carburetor of, the motor vehicle |
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transporting the product; |
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(4) [(9)] sells or delivers gasoline or diesel fuel |
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from any fuel supply tank connected with the fuel injector or |
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carburetor of a motor vehicle; |
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(5) [(10)] owns or operates a motor vehicle for which |
|
reports or mileage records are required by this chapter without an |
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operating odometer or other device in good working condition to |
|
record accurately the miles traveled; |
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(6) [(11)] furnishes to a licensed supplier or |
|
distributor a signed statement for purchasing diesel fuel tax-free |
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and then uses the tax-free diesel fuel to operate a diesel-powered |
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motor vehicle on a public highway; |
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(7) [(12)] fails or refuses to comply with or violates |
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a provision of this chapter; |
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(8) [(13)] fails or refuses to comply with or violates |
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a comptroller's rule for administering or enforcing this chapter; |
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(9) [(14)] is an importer who does not obtain an |
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import verification number when required by this chapter; |
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(10) [(15)] purchases motor fuel for export, on which |
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the tax imposed by this chapter has not been paid, and subsequently |
|
diverts or causes the motor fuel to be diverted to a destination in |
|
this state or any other state or country other than the originally |
|
designated state or country without first obtaining a diversion |
|
number; |
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(11) [(16)] delivers compressed natural gas or |
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liquefied natural gas into the fuel supply tank of a motor vehicle |
|
and the person does not hold a valid compressed natural gas and |
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liquefied natural gas dealer's license; or |
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(12) [(17)] makes a tax-free delivery of compressed |
|
natural gas or liquefied natural gas into the fuel supply tank of a |
|
motor vehicle, unless the delivery is exempt from tax under Section |
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162.356. |
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SECTION 2.08. Section 162.403, Tax Code, is amended to read |
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as follows: |
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Sec. 162.403. CRIMINAL OFFENSES. Except as provided by |
|
Section 162.404, a person commits an offense if the person: |
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(1) refuses to stop and permit the inspection and |
|
examination of a motor vehicle transporting or using motor fuel on |
|
the demand of a peace officer or the comptroller; |
|
(2) is required to hold a valid trip permit or |
|
interstate trucker's license, but operates a motor vehicle in this |
|
state without a valid trip permit or interstate trucker's license; |
|
(3) [operates a liquefied gas-propelled motor vehicle
|
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that is required to be licensed in this state, including a motor
|
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vehicle equipped with dual carburetion, and does not display a
|
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current liquefied gas tax decal or multistate fuels tax agreement
|
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decal;
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[(4)] transports gasoline or diesel fuel in any cargo |
|
tank that has a connection by pipe, tube, valve, or otherwise with |
|
the fuel injector or carburetor or with the fuel supply tank feeding |
|
the fuel injector or carburetor of the motor vehicle transporting |
|
the product; |
|
(4) [(5)] sells or delivers gasoline or diesel fuel |
|
from a fuel supply tank that is connected with the fuel injector or |
|
carburetor of a motor vehicle; |
|
(5) [(6)] owns or operates a motor vehicle for which |
|
reports or mileage records are required by this chapter without an |
|
operating odometer or other device in good working condition to |
|
record accurately the miles traveled; |
|
(6) [(7)] sells or delivers dyed diesel fuel for the |
|
operation of a motor vehicle on a public highway; |
|
(7) [(8)] uses dyed diesel fuel for the operation of a |
|
motor vehicle on a public highway except as allowed under Section |
|
162.235; |
|
(8) [(9)
makes a tax-free sale or delivery of
|
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liquefied gas into the fuel supply tank of a motor vehicle that does
|
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not display a current Texas liquefied gas tax decal;
|
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[(10)
makes a sale or delivery of liquefied gas on
|
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which the person knows the tax is required to be collected, if at
|
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the time the sale is made the person does not hold a valid dealer's
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license;
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[(11)
makes a tax-free sale or delivery of liquefied
|
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gas into the fuel supply tank of a motor vehicle bearing
|
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out-of-state license plates;
|
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[(12)
makes a delivery of liquefied gas into the fuel
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supply tank of a motor vehicle bearing Texas license plates and no
|
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Texas liquefied gas tax decal, unless licensed under a multistate
|
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fuels tax agreement;
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[(13)] refuses to permit the comptroller or the |
|
attorney general to inspect, examine, or audit a book or record |
|
required to be kept by a license holder, other user, or any person |
|
required to hold a license under this chapter; |
|
(9) [(14)] refuses to permit the comptroller or the |
|
attorney general to inspect or examine any plant, equipment, |
|
materials, or premises where motor fuel is produced, processed, |
|
blended, stored, sold, delivered, or used; |
|
(10) [(15)] refuses to permit the comptroller, the |
|
attorney general, an employee of either of those officials, a peace |
|
officer, an employee of the Texas Commission on Environmental |
|
Quality, or an employee of the Department of Agriculture to measure |
|
or gauge the contents of or take samples from a storage tank or |
|
container on premises where motor fuel is produced, processed, |
|
blended, stored, sold, delivered, or used; |
|
(11) [(16)] is a license holder, a person required to |
|
be licensed, or another user and fails or refuses to make or deliver |
|
to the comptroller a report required by this chapter to be made and |
|
delivered to the comptroller; |
|
(12) [(17)] is an importer who does not obtain an |
|
import verification number when required by this chapter; |
|
(13) [(18)] purchases motor fuel for export, on which |
|
the tax imposed by this chapter has not been paid, and subsequently |
|
diverts or causes the motor fuel to be diverted to a destination in |
|
this state or any other state or country other than the originally |
|
designated state or country without first obtaining a diversion |
|
number; |
|
(14) [(19)] conceals motor fuel with the intent of |
|
engaging in any conduct proscribed by this chapter or refuses to |
|
make sales of motor fuel on the volume-corrected basis prescribed |
|
by this chapter; |
|
(15) [(20)] refuses, while transporting motor fuel, |
|
to stop the motor vehicle the person is operating when called on to |
|
do so by a person authorized to stop the motor vehicle; |
|
(16) [(21)] refuses to surrender a motor vehicle and |
|
cargo for impoundment after being ordered to do so by a person |
|
authorized to impound the motor vehicle and cargo; |
|
(17) [(22)] mutilates, destroys, or secretes a book or |
|
record required by this chapter to be kept by a license holder, |
|
other user, or person required to hold a license under this chapter; |
|
(18) [(23)] is a license holder, other user, or other |
|
person required to hold a license under this chapter, or the agent |
|
or employee of one of those persons, and makes a false entry or |
|
fails to make an entry in the books and records required under this |
|
chapter to be made by the person or fails to retain a document as |
|
required by this chapter; |
|
(19) [(24)] transports in any manner motor fuel under |
|
a false cargo manifest or shipping document, or transports in any |
|
manner motor fuel to a location without delivering at the same time |
|
a shipping document relating to that shipment; |
|
(20) [(25)] engages in a motor fuel transaction that |
|
requires that the person have a license under this chapter without |
|
then and there holding the required license; |
|
(21) [(26)] makes and delivers to the comptroller a |
|
report required under this chapter to be made and delivered to the |
|
comptroller, if the report contains false information; |
|
(22) [(27)] forges, falsifies, or alters an invoice or |
|
shipping document prescribed by law; |
|
(23) [(28)] makes any statement, knowing said |
|
statement to be false, in a claim for a tax refund filed with the |
|
comptroller; |
|
(24) [(29)] furnishes to a licensed supplier or |
|
distributor a signed statement for purchasing diesel fuel tax-free |
|
and then uses the tax-free diesel fuel to operate a diesel-powered |
|
motor vehicle on a public highway; |
|
(25) [(30)] holds an aviation fuel dealer's license |
|
and makes a taxable sale or use of any gasoline or diesel fuel; |
|
(26) [(31)] fails to remit any tax funds collected or |
|
required to be collected by a license holder, another user, or any |
|
other person required to hold a license under this chapter; |
|
(27) [(32)] makes a sale of dyed diesel fuel tax-free |
|
into a storage facility of a person who: |
|
(A) is not licensed as a distributor, as an |
|
aviation fuel dealer, or as a dyed diesel fuel bonded user; or |
|
(B) does not furnish to the licensed supplier or |
|
distributor a signed statement prescribed in Section 162.206; |
|
(28) [(33)] makes a sale of gasoline tax-free to any |
|
person who is not licensed as an aviation fuel dealer; |
|
(29) [(34)] purchases any motor fuel tax-free when not |
|
authorized to make a tax-free purchase under this chapter; |
|
(30) [(35)] purchases motor fuel with the intent to |
|
evade any tax imposed by this chapter or accepts a delivery of motor |
|
fuel by any means and does not at the same time accept or receive a |
|
shipping document relating to the delivery; |
|
(31) [(36)] transports motor fuel for which a cargo |
|
manifest or shipping document is required to be carried without |
|
possessing or exhibiting on demand by an officer authorized to make |
|
the demand a cargo manifest or shipping document containing the |
|
information required to be shown on the manifest or shipping |
|
document; |
|
(32) [(37)] imports, sells, uses, blends, |
|
distributes, or stores motor fuel within this state on which the |
|
taxes imposed by this chapter are owed but have not been first paid |
|
to or reported by a license holder, another user, or any other |
|
person required to hold a license under this chapter; |
|
(33) [(38)] blends products together to produce a |
|
blended fuel that is offered for sale, sold, or used and that |
|
expands the volume of the original product to evade paying |
|
applicable motor fuel taxes; |
|
(34) [(39)] evades or attempts to evade in any manner |
|
a tax imposed on motor fuel by this chapter; |
|
(35) [(40)] delivers compressed natural gas or |
|
liquefied natural gas into the fuel supply tank of a motor vehicle |
|
and the person does not hold a valid compressed natural gas and |
|
liquefied natural gas dealer's license; or |
|
(36) [(41)] makes a tax-free delivery of compressed |
|
natural gas or liquefied natural gas into the fuel supply tank of a |
|
motor vehicle, unless the delivery is exempt from tax under Section |
|
162.356. |
|
SECTION 2.09. Section 548.104(d), Transportation Code, is |
|
amended to read as follows: |
|
(d) An inspection station or inspector may not issue a |
|
passing vehicle inspection report for a vehicle equipped with: |
|
(1) [a carburetion device permitting the use of
|
|
liquefied gas alone or interchangeably with another fuel, unless a
|
|
valid liquefied gas tax decal issued by the comptroller is attached
|
|
to the lower right-hand corner of the front windshield of the
|
|
vehicle on the passenger side;
|
|
[(2)] a sunscreening device prohibited by Section |
|
547.613, except that the department by rule shall provide |
|
procedures for issuance of a passing vehicle inspection report for |
|
a vehicle exempt under Section 547.613(c); or |
|
(2) [(3)] a compressed natural gas container unless |
|
the owner demonstrates in accordance with department rules proof: |
|
(A) that: |
|
(i) the container has met the inspection |
|
requirements under 49 C.F.R. Section 571.304; and |
|
(ii) the manufacturer's recommended service |
|
life for the container, as stated on the container label required by |
|
49 C.F.R. Section 571.304, has not expired; or |
|
(B) that the vehicle is a fleet vehicle for which |
|
the fleet operator employs a technician certified to inspect the |
|
container. |
|
SECTION 2.10. The following provisions of the Tax Code are |
|
repealed: |
|
(1) Sections 162.001(39) and (40); |
|
(2) the heading to Subchapter D, Chapter 162; and |
|
(3) Sections 162.301, 162.302, 162.3021, 162.3022, |
|
162.303, 162.304, 162.305, 162.306, 162.307, 162.308, 162.309, |
|
162.310, 162.311, and 162.505. |
|
SECTION 2.11. The change in law made by this article to |
|
Section 162.402(a), Tax Code, applies only to a violation that |
|
occurs on or after the effective date of this Act. A violation that |
|
occurred before the effective date of this Act is governed by the |
|
law in effect on the date the violation occurred, and the former law |
|
is continued in effect for that purpose. |
|
SECTION 2.12. The change in law made by this article to |
|
Section 162.403, Tax Code, applies only to an offense committed on |
|
or after the effective date of this Act. An offense committed |
|
before the effective date of this Act is governed by the law in |
|
effect on the date the offense was committed, and the former law is |
|
continued in effect for that purpose. For purposes of this section, |
|
an offense was committed before the effective date of this Act if |
|
any element of the offense occurred before that date. |
|
SECTION 2.13. A person who holds a liquefied gas tax decal |
|
license under Section 162.305, Tax Code, that is valid on or after |
|
the effective date of this Act may, not later than December 31, |
|
2015, apply to the comptroller of public accounts for and obtain a |
|
pro rata refund of the unused portion of the advanced taxes paid for |
|
the period after the effective date of this Act. The comptroller |
|
shall provide application forms for refunds under this section. |
|
ARTICLE 3. TRANSITION AND EFFECTIVE DATE |
|
SECTION 3.01. The changes in law made by this Act do 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 3.02. This Act takes effect September 1, 2015. |