Texas Statutes
Subchapter C. Diesel Fuel Tax
Section 162.208. Permissive Supplier Requirements on Out-of-State Removals

Sec. 162.208. PERMISSIVE SUPPLIER REQUIREMENTS ON OUT-OF-STATE REMOVALS. (a) A person may elect to obtain a permissive supplier license to collect the tax imposed under this subchapter for diesel fuel that is removed at a terminal in another state and has this state as the destination state.
(b) With respect to diesel fuel that is removed by the licensed permissive supplier at a terminal located in another state and that has this state as the destination state, a licensed permissive supplier shall:
(1) collect the tax due to this state on the diesel fuel;
(2) waive any defense that this state lacks jurisdiction to require the supplier to collect the tax due to this state on the diesel fuel under this subchapter;
(3) report and pay the tax due on the diesel fuel in the same manner as if the removal had occurred at a terminal located in this state;
(4) keep records of the removal of the diesel fuel and submit to audits concerning the diesel fuel as if the removal had occurred at a terminal located in this state; and
(5) report sales by the permissive supplier to a person who is not licensed in this state.
(c) A permissive supplier must acknowledge in the supplier's license application that this state imposes the requirements listed in Subsection (b) under this state's general police power and that the permissive supplier submits to the jurisdiction of this state only for purposes related to the administration of this chapter.
Added by Acts 2003, 78th Leg., ch. 199, Sec. 1, eff. Jan. 1, 2004.

Structure Texas Statutes

Texas Statutes

Tax Code

Title 2 - State Taxation

Subtitle E - Sales, Excise, and Use Taxes

Chapter 162 - Motor Fuel Taxes

Subchapter C. Diesel Fuel Tax

Section 162.201. Point of Imposition of Diesel Fuel Tax

Section 162.202. Tax Rate

Section 162.2025. Separate Statement of Tax Collected From Purchaser

Section 162.203. Backup Tax; Liability

Section 162.204. Exemptions

Section 162.205. Persons Required to Be Licensed

Section 162.206. Statement for Purchase of Dyed Diesel Fuel

Section 162.207. Trip Permits

Section 162.208. Permissive Supplier Requirements on Out-of-State Removals

Section 162.209. License Application Procedure

Section 162.210. Issuance and Display of License

Section 162.211. Licenses and Trip Permits; Periods of Validity

Section 162.212. Bond and Other Security for Taxes

Section 162.213. License Holder Status List

Section 162.214. Remittance of Tax to Supplier or Permissive Supplier; Allowances

Section 162.215. Returns and Payments

Section 162.216. Records

Section 162.2165. Duty to Report Subsequent Sales of Tax-Free Diesel Fuel Purchased for Export

Section 162.217. Information Required on Supplier's and Permissive Supplier's Return; Credits and Allowances

Section 162.218. Duties of Seller of Diesel Fuel

Section 162.219. Information Required on Distributor's Return

Section 162.220. Information Required on Importer's Return; Allowances

Section 162.221. Information Required on Terminal Operator's Return

Section 162.222. Information Required on Motor Fuel Transporter's Return

Section 162.223. Information Required on Exporter's Return and Payment of Tax on Imports

Section 162.224. Information Required on Blender's Return

Section 162.225. Information Required on Interstate Trucker's Return

Section 162.226. Information Required on Dyed Diesel Fuel Bonded User's Return

Section 162.227. Refund or Credit for Certain Taxes Paid

Section 162.2275. Refund for Certain Metropolitan Rapid Transit Authorities

Section 162.228. Refund for Bad Debts; Credit for Nonpayment

Section 162.229. Claims for Refunds

Section 162.230. When Diesel Fuel Tax Refund or Credit May Be Filed

Section 162.231. Notice Regarding Dyed Diesel Fuel

Section 162.232. Dyed Diesel Fuel Notice Required on Shipping Documents, Bills of Lading, and Invoices

Section 162.233. Unauthorized Sale or Use of Dyed Diesel Fuel

Section 162.234. Alteration of Dye or Marker in Dyed Diesel Fuel Prohibited

Section 162.235. Use of Dyed Fuel Prohibited