Texas House Bill HB1288

Texas 2013 - 83rd Regular

Caption

Relating to a credit or refund for diesel fuel taxes paid on diesel fuel used in this state by auxiliary power units or power take-off equipment.

Impact

The legislation modifies the Texas Tax Code by adding provisions that specifically allow for a credit on diesel fuel taxes. It provides guidelines on how those eligible—both licensed and unlicensed users—can apply for refunds based on the quantity of diesel fuel used by auxiliary power systems. Such measures are intended to alleviate the financial burden on businesses that operate heavy machinery and transportation assets that greatly depend on these technologies. The comptroller’s role is highlighted as they will set the guidelines for determining credit amounts and ensure appropriate compliance with the refund process.

Summary

House Bill 1288 proposes a tax credit or refund for diesel fuel taxes paid on diesel fuel that is utilized in auxiliary power units or power take-off equipment in the state of Texas. The bill aims to encourage the use of alternatives that enhance fuel efficiency and reduce emissions in the transportation sector. This measure primarily targets owners of vehicles equipped with such systems, offering them a financial incentive to utilize diesel fuels more economically while ensuring compliance with existing tax frameworks.

Contention

There are notable points of contention related to the specifics of implementation and regulatory oversight. Opponents may argue against the feasibility of accurately measuring diesel fuel usage through auxiliary systems, potentially leading to disputes over the credit amount. Furthermore, there is concern that the legislation may unintentionally favor larger operators over small businesses, who might struggle to benefit from the credits due to the complexities of compliance and administrative burdens involved in claiming refunds. The clarity surrounding allowable usages of diesel fuel, particularly concerning idling and climate-control systems, is also an essential consideration that will need careful management to avoid abuse of the system.