Texas 2015 84th Regular

Texas House Bill HB395 Introduced / Bill

Filed 11/26/2014

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                    84R993 BEF-D
 By: McClendon H.B. No. 395


 A BILL TO BE ENTITLED
 AN ACT
 relating to the rates of the state motor fuel taxes and to the use of
 additional revenue derived from those taxes; increasing the rates
 of certain taxes.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 162.102, Tax Code, is amended to read as
 follows:
 Sec. 162.102.  TAX RATE. The gasoline tax rate is
 30 [20] cents for each net gallon or fractional part on which the
 tax is imposed under Section 162.101.
 SECTION 2.  Section 162.202, Tax Code, is amended to read as
 follows:
 Sec. 162.202.  TAX RATE. The diesel fuel tax rate is
 30 [20] cents for each net gallon or fractional part on which the
 tax is imposed under Section 162.201.
 SECTION 3.  Section 162.301(b), Tax Code, is amended to read
 as follows:
 (b)  The liquefied gas tax rate is 25 [15] cents a gallon.
 SECTION 4.  Sections 162.305(a) and (c), Tax Code, are
 amended to read as follows:
 (a)  A user of liquefied gas for the propulsion of a motor
 vehicle on the public highways of this state shall pay in advance
 annually on each motor vehicle owned, operated, and licensed in
 this state by that person a tax based on the registered gross weight
 and mileage driven the previous year in the following schedule:
 Less 5,000 10,000 15,000   Less 5,000 10,000 15,000
  Less 5,000 10,000 15,000
 than to to miles   than to to miles
  than to to miles
 5,000 9,999 14,999 and   5,000 9,999 14,999 and
  5,000 9,999 14,999 and
 miles miles miles over   miles miles miles over
  miles miles miles over
 Class A: Less than Class A: Less than
Class A: Less than
 4,000 pounds  $ 50  [30] $ 100  [60] $ 150  [90] $200 [120] 4,000 pounds  $ 50  [30] $ 100  [60] $ 150  [90] $200 [120]
4,000 pounds  $ 50  [30] $ 100  [60] $ 150  [90] $200 [120]
 Class B: 4,001 to Class B: 4,001 to
Class B: 4,001 to
 10,000 pounds  70  [42] 140  [84] 210 [126] 280 [168] 10,000 pounds  70  [42] 140  [84] 210 [126] 280 [168]
10,000 pounds  70  [42] 140  [84] 210 [126] 280 [168]
 Class C: 10,001 to Class C: 10,001 to
Class C: 10,001 to
 15,000 pounds  80  [48] 160  [96] 240 [144] 320 [192] 15,000 pounds  80  [48] 160  [96] 240 [144] 320 [192]
15,000 pounds  80  [48] 160  [96] 240 [144] 320 [192]
 Class D: 15,001 to Class D: 15,001 to
Class D: 15,001 to
 27,500 pounds  140  [84] 280 [168] 420 [252] 560 [336] 27,500 pounds  140  [84] 280 [168] 420 [252] 560 [336]
27,500 pounds  140  [84] 280 [168] 420 [252] 560 [336]
 Class E: 27,501 to Class E: 27,501 to
Class E: 27,501 to
 43,500 pounds  210 [126] 420 [252] 630 [378] 840 [504] 43,500 pounds  210 [126] 420 [252] 630 [378] 840 [504]
43,500 pounds  210 [126] 420 [252] 630 [378] 840 [504]
 Class F: 43,501 pounds Class F: 43,501 pounds
Class F: 43,501 pounds
 and over  310 [186] 620 [372] 930 [558] 1,240 [744] and over  310 [186] 620 [372] 930 [558] 1,240 [744]
and over  310 [186] 620 [372] 930 [558] 1,240 [744]
 tax shall be required for the types of vehicles described below:
 Class T: Transit carrier vehicles operated by a transit company--$740 [$444]
 SECTION 5.  Section 162.353(a), Tax Code, is amended to read
 as follows:
 (a)  The rate of the tax under Sections 162.351 and 162.352
 is 25 [15] cents for each:
 (1)  gasoline gallon equivalent or fractional part of
 compressed natural gas or liquefied natural gas; or
 (2)  diesel gallon equivalent or fractional part of
 compressed natural gas or liquefied natural gas.
 SECTION 6.  Subchapter F, Chapter 162, Tax Code, is amended
 by adding Section 162.507 to read as follows:
 Sec. 162.507.  ALLOCATION OF CERTAIN REVENUE TO CERTAIN
 TRANSPORTATION-RELATED PROJECTS. (a)  This section applies to:
 (1)  all net proceeds from taxes collected at the rate
 provided by Section 162.102 attributable to the portion of the tax
 rate that exceeds 20 cents, but does not exceed 30 cents, for each
 net gallon or fractional part on which the taxes are imposed;
 (2)  all net proceeds from taxes collected at the rate
 provided by Section 162.202 attributable to the portion of the tax
 rate that exceeds 20 cents, but does not exceed 30 cents, for each
 net gallon or fractional part on which the taxes are imposed;
 (3)  all net proceeds from taxes collected at the rate
 provided by Section 162.301(b) attributable to the portion of the
 tax rate that exceeds 15 cents, but does not exceed 25 cents, for
 each gallon on which the taxes are imposed, including the net
 proceeds of the taxes collected as provided by Sections 162.305(a)
 and (c); and
 (4)  all net proceeds from taxes collected at the rate
 provided by Section 162.353(a) attributable to the portion of the
 tax rate that exceeds 15 cents, but does not exceed 25 cents, for
 each:
 (A)  gasoline gallon equivalent or fractional
 part of compressed natural gas or liquefied natural gas on which the
 taxes are imposed; and
 (B)  diesel gallon equivalent or fractional part
 of compressed natural gas or liquefied natural gas on which the
 taxes are imposed.
 (b)  Notwithstanding any other provision of this chapter,
 the money to which this section applies shall be deposited as
 follows:
 (1)  one-fourth to the credit of the available school
 fund; and
 (2)  the remainder to the credit of the state highway
 fund.
 (c)  Subject to the limitations on the use of revenue derived
 from taxes imposed on motor fuels and lubricants prescribed by
 Section 7-a, Article VIII, Texas Constitution, revenue deposited to
 the credit of the state highway fund under this section may be
 appropriated only to the Texas Department of Transportation to
 provide funding for planning, development, and implementation of
 current and future transportation infrastructure projects,
 including intermodal transportation projects other than toll
 roads, to relieve congestion on public roadways, enhance public
 safety, facilitate the movement of commercial freight, or improve
 air quality.
 SECTION 7.  The changes in law made by this Act do 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 and
 enforcement of those taxes.
 SECTION 8.  This Act takes effect September 1, 2015.

  Less 5,000 10,000 15,000

  than to to miles

  5,000 9,999 14,999 and

  miles miles miles over

Class A: Less than

4,000 pounds  $ 50  [30] $ 100  [60] $ 150  [90] $200 [120]

Class B: 4,001 to

10,000 pounds  70  [42] 140  [84] 210 [126] 280 [168]

Class C: 10,001 to

15,000 pounds  80  [48] 160  [96] 240 [144] 320 [192]

Class D: 15,001 to

27,500 pounds  140  [84] 280 [168] 420 [252] 560 [336]

Class E: 27,501 to

43,500 pounds  210 [126] 420 [252] 630 [378] 840 [504]

Class F: 43,501 pounds

and over  310 [186] 620 [372] 930 [558] 1,240 [744]