SB2949 - Relating to the regulation of certain facilities and operators engaged in the motor fuel transport or export business; requiring an occupational license; authorizing a fee; creating criminal offenses; authorizing a civil penalty.

  89R31127 JBD-D     By: Hinojosa of Hidalgo, et al. S.B. No. 2949     (Morales of Maverick, Guillen, Canales, Darby, Landgraf,     et al.)        A BILL TO BE ENTITLED   AN ACT   relating to the regulation of certain facilities and operators   engaged in the motor fuel transport or export business; requiring   an occupational license; authorizing a fee; creating criminal   offenses; authorizing a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 162.004(b), Tax Code, is amended to read   as follows:          (b)  A shipping document shall contain the following   information and any other information required by the comptroller:                (1)  the terminal control number of the terminal or   physical address of the terminal or bulk plant from which the motor   fuel was received;                (2)  the name of the purchaser;                (3)  the date the motor fuel was loaded;                (4)  the net gallons loaded, or the gross gallons   loaded if the fuel was purchased from a bulk plant;                (5)  the destination state of the motor fuel, as   represented by the purchaser of the motor fuel or the purchaser's   agent; [ and ]                (6)  a description of the product being transported ;                 (7)     the name and taxpayer number of the transportation   company; and                 (8)     if the motor fuel is being delivered by transport   vehicle to another country, the specific location at which the   motor fuel will cross the border .          SECTION 2.  Section 162.006, Tax Code, is amended by adding   Subsection (a-1) to read as follows:           (a-1)     The comptroller may suspend a motor fuel   transporter's license without notice or a hearing if the license   holder fails to ensure that all employees or independent   contractors who transport motor fuel under the transporter's   license hold the specific license or endorsements required to   transport hazardous materials required by the state, territory, or   country in which the employee or independent contractor resides.          SECTION 3.  Section 162.105, Tax Code, is amended to read as   follows:          Sec. 162.105.  PERSONS REQUIRED TO BE LICENSED.  A person   shall obtain the appropriate license or licenses issued by the   comptroller before conducting the activities of:                (1)  a supplier, who may also act as a distributor,   importer, exporter, blender, motor fuel transporter, or aviation   fuel dealer without securing a separate license, but who is subject   to all other conditions, requirements, and liabilities imposed on   those license holders;                (2)  a permissive supplier, who may also act as a   distributor, importer, exporter, blender, motor fuel transporter,   or aviation fuel dealer without securing a separate license, but   who is subject to all other conditions, requirements, and   liabilities imposed on those license holders;                (3)  a distributor, who may also act as an importer,   exporter, blender, or motor fuel transporter without securing a   separate license, but who is subject to all other conditions,   requirements, and liabilities imposed on those license holders;                (4)  an importer, who may also act as an exporter,   blender, or motor fuel transporter without securing a separate   license, but who is subject to all other conditions, requirements,   and liabilities imposed on those license holders;                (5)  a terminal operator;                (6)  an exporter;                (7)  a blender;                (8)  a motor fuel transporter;                (9)  an aviation fuel dealer; [ or ]                (10)  an interstate trucker ; or                 (11)  an export fuel transloading facility operator .          SECTION 4.  Section 162.108(e), Tax Code, is amended to read   as follows:          (e)  An applicant for a license as a motor fuel transporter   must list on the application each state from which and to which the   applicant intends to transport motor fuel and, if required by a   listed state, must be licensed or registered for gasoline tax   purposes in that state. If a listed state requires the applicant to   be licensed or registered, the applicant must provide the   applicant's license or registration number from that state. The   applicant must attest that any employee or independent contractor   who transports motor fuel under the applicant's license will hold   the specific license or endorsements required to transport   hazardous materials required by the state, territory, or country in   which the employee or independent contractor resides.          SECTION 5.  Sections 162.110(a) and (c), Tax Code, are   amended to read as follows:          (a)  The license issued to a supplier, permissive supplier,   distributor, importer, exporter, terminal operator, or blender[ ,   or motor fuel transporter ] is permanent and is valid during the   period the license holder has in force and effect the required bond   or security and furnishes timely reports and supplements as   required, or until the license is surrendered by the holder or   canceled by the comptroller. The comptroller shall cancel a   license under this subsection if a purchase, sale, or use of   gasoline has not been reported by the license holder during the   previous nine months.          (c)  The license issued to an interstate trucker or motor   fuel transporter is valid from the date of its issuance through   December 31 of each calendar year or until the license is   surrendered by the holder or canceled by the comptroller.  The   comptroller may renew the license for each ensuing calendar year if   the license holder furnishes timely reports as required.          SECTION 6.  Section 162.205(a), Tax Code, is amended to read   as follows:          (a)  A person shall obtain the appropriate license or   licenses issued by the comptroller before conducting the activities   of:                (1)  a supplier, who may also act as a distributor,   importer, exporter, blender, motor fuel transporter, or aviation   fuel dealer without securing a separate license, but who is subject   to all other conditions, requirements, and liabilities imposed on   those license holders;                (2)  a permissive supplier, who may also act as a   distributor, importer, exporter, blender, motor fuel transporter,   or aviation fuel dealer without securing a separate license but who   is subject to all other conditions, requirements, and liabilities   imposed on those license holders;                (3)  a distributor, who may also act as an importer,   exporter, blender, or motor fuel transporter without securing a   separate license, but who is subject to all other conditions,   requirements, and liabilities imposed on those license holders;                (4)  an importer, who may also act as an exporter,   blender, or motor fuel transporter without securing a separate   license, but who is subject to all other conditions, requirements,   and liabilities imposed on those license holders;                (5)  a terminal operator;                (6)  an exporter;                (7)  a blender;                (8)  a motor fuel transporter;                (9)  an aviation fuel dealer;                (10)  an interstate trucker; [ or ]                (11)  a dyed diesel fuel bonded user ; or                 (12)  an export fuel transloading facility operator .          SECTION 7.  Section 162.209(e), Tax Code, is amended to read   as follows:          (e)  An applicant for a license as a motor fuel transporter   must list on the application each state from which and to which the   applicant intends to transport motor fuel and, if required by a   listed state, must be licensed or registered for diesel fuel tax   purposes in that state.  If a listed state requires the applicant to   be licensed or registered, the applicant must provide the   applicant's license or registration number from that state.   The   applicant must attest that any employee or independent contractor   who transports motor fuel under the applicant's license will hold   the specific license or endorsements required to transport   hazardous materials required by the state, territory, or country in   which the employee or independent contractor resides.          SECTION 8.  Sections 162.211(a) and (c), Tax Code, are   amended to read as follows:          (a)  The license issued to a supplier, permissive supplier,   distributor, importer, terminal supplier, exporter, blender,   [ motor fuel transporter, ] or dyed diesel fuel bonded user is   permanent and is valid during the period the license holder has in   force and effect the required bond or security and furnishes timely   reports and supplements as required, or until the license is   surrendered by the holder or canceled by the comptroller. The   comptroller shall cancel a license under this subsection if a   purchase, sale, or use of diesel fuel has not been reported by the   license holder during the previous nine months.          (c)  The license issued to an interstate trucker or motor   fuel transporter is valid from the date of its issuance through   December 31 of each calendar year or until the license is   surrendered by the holder or canceled by the comptroller.  The   comptroller may renew the license for each ensuing calendar year if   the license holder furnishes timely reports as required.          SECTION 9.  Chapter 162, Tax Code, is amended by adding   Subchapter D-2 to read as follows:   SUBCHAPTER   D-2.     EXPORT FUEL TRANSLOADING FACILITIES           Sec. 162.3801.  DEFINITIONS. In this subchapter:                 (1)     "Operator" means a person who holds an export fuel   transloading facility operator license issued under Section   162.3805.                 (2)     "Overweight corridor" means a designated section   of a state highway for which an optional procedure is authorized   under Chapter 623, Transportation Code, for the issuance of   permits:                       (A)     by entities other than the Department of   Public Safety or the Texas Department of Motor Vehicles; and                       (B)     for the movement of oversize or overweight   vehicles.     &#xA [Text truncated for display. Full text available on LegiScan.]