Tex. Tax Code Section 162.004
Motor Fuel Transportation: Required Documents

(a)

A person may not transport in this state any motor fuel by barge, vessel, railroad tank car, or transport vehicle unless the person has a shipping document for the motor fuel that complies with this section.

(a-1)

A terminal operator or operator of a bulk plant shall give a shipping document to the person who operates the barge, vessel, railroad tank car, or transport vehicle into which motor fuel is loaded at the terminal rack or bulk plant rack.

(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.

(c)

In the event of an extraordinary circumstance, including an act of God, that temporarily interferes with the ability to issue an automated machine-generated shipping document, a manually prepared shipping document that contains all of the information required by Subsection (b) shall be substituted for the machine-generated shipping document.

(d)

A terminal operator or bulk plant operator may rely on the representation made by the purchaser of motor fuel or the purchaser’s agent concerning the destination state of the motor fuel. A purchaser is liable for any tax due as a result of the purchaser’s diversion of motor fuel from the represented destination state.

(e)

A person to whom a shipping document was issued shall:

(1)

carry the shipping document in the barge, vessel, railroad tank car, or other transport vehicle for which the document was issued when transporting the motor fuel described in the document;

(2)

show the shipping document on request to any law enforcement officer, representative of the comptroller, or other authorized individual, when transporting the motor fuel described;

(3)

deliver the motor fuel to the destination state printed on the shipping document unless the person:

(A)

notifies the comptroller and the destination state, if a diversion program is in place, before transporting the motor fuel into a state other than the printed destination state, that the person has received instructions after the shipping document was issued to deliver the motor fuel to a different destination state;

(B)

receives from the comptroller and destination state, if a diversion program is in place, a diversion number authorizing the diversion; and

(C)

writes on the shipping document the change in destination state and the diversion number; and

(4)

give a copy of the shipping document to the person to whom the motor fuel is delivered.

(f)

The purchaser is responsible for paying the applicable destination state taxes along with filing a refund with the origin state. The supplier may not refund any taxes due to the diversion of a product.

(g)

The person to whom motor fuel is delivered by barge, vessel, railroad tank car, or transport vehicle may not accept delivery of the motor fuel if the destination state shown on the shipping document for the motor fuel is a state other than this state, except that the person may accept that delivery if the document contains a diversion number authorized by the comptroller and destination state, if applicable. The person to whom the motor fuel is delivered shall examine the shipping document to determine that the destination state is this state, and shall retain a copy of the shipping document at the delivery location or another place until the fourth anniversary of the date of delivery.

(h)

This section does not apply to motor fuel that is delivered into the fuel supply tank of a motor vehicle.
Added by Acts 2003, 78th Leg., ch. 199, Sec. 1, eff. Jan. 1, 2004.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1227 (S.B. 1495), Sec. 8, eff. September 1, 2009.

Source: Section 162.004 — Motor Fuel Transportation: Required Documents, https://statutes.­capitol.­texas.­gov/Docs/TX/htm/TX.­162.­htm#162.­004 (accessed May 4, 2024).

162.001
Definitions 162.002
Tax Liability on Leased Vehicles 162.003
Cooperative Agreements with Other States 162.004
Motor Fuel Transportation: Required Documents 162.005
Cancellation or Refusal of License 162.006
Summary Suspension of License 162.007
Enforcement of License Cancellation, Suspension, or Refusal 162.008
Inspection of Premises and Records 162.009
Authority to Stop and Examine 162.010
Impoundment and Seizure 162.011
Sale of Seized Property 162.012
Presumptions 162.013
Venue of Tax Collection Suits 162.014
Other Motor Fuel Taxes Prohibited 162.015
Additional Tax Applies to Inventories 162.016
Importation and Exportation of Motor Fuel 162.101
Point of Imposition of Gasoline Tax 162.102
Tax Rate 162.103
Backup Tax 162.104
Exemptions 162.105
Persons Required to Be Licensed 162.106
Trip Permits 162.107
Permissive Supplier Requirements on Out-of-state Removals 162.108
License Application Procedure 162.109
Issuance and Display of License 162.110
Licenses and Trip Permits 162.111
Bond and Other Security for Taxes 162.112
License Holder Status List 162.113
Remittance of Tax to Supplier or Permissive Supplier 162.114
Returns and Payments 162.115
Records 162.116
Information Required on Supplier’s and Permissive Supplier’s Return 162.117
Duties of Seller of Gasoline 162.118
Information Required on Distributor’s Return 162.119
Information Required on Importer’s Return 162.120
Information Required on Terminal Operator’s Return 162.121
Information Required on Motor Fuel Transporter’s Return 162.122
Information Required on Exporter’s Return and Payment of Tax on Exports 162.123
Information Required on Blender’s Return 162.124
Information Required on Interstate Trucker’s Return 162.125
Refund or Credit for Certain Taxes Paid 162.0125
Duty to Keep Records 162.126
Refund for Bad Debts 162.127
Claims for Refunds 162.128
When Gasoline Tax Refund or Credit May Be Filed 162.201
Point of Imposition of Diesel Fuel Tax 162.202
Tax Rate 162.203
Backup Tax 162.204
Exemptions 162.205
Persons Required to Be Licensed 162.206
Statement for Purchase of Dyed Diesel Fuel 162.207
Trip Permits 162.208
Permissive Supplier Requirements on Out-of-state Removals 162.209
License Application Procedure 162.210
Issuance and Display of License 162.211
Licenses and Trip Permits 162.212
Bond and Other Security for Taxes 162.213
License Holder Status List 162.214
Remittance of Tax to Supplier or Permissive Supplier 162.215
Returns and Payments 162.216
Records 162.217
Information Required on Supplier’s and Permissive Supplier’s Return 162.218
Duties of Seller of Diesel Fuel 162.219
Information Required on Distributor’s Return 162.220
Information Required on Importer’s Return 162.221
Information Required on Terminal Operator’s Return 162.222
Information Required on Motor Fuel Transporter’s Return 162.223
Information Required on Exporter’s Return and Payment of Tax on Imports 162.224
Information Required on Blender’s Return 162.225
Information Required on Interstate Trucker’s Return 162.226
Information Required on Dyed Diesel Fuel Bonded User’s Return 162.227
Refund or Credit for Certain Taxes Paid 162.228
Refund for Bad Debts 162.229
Claims for Refunds 162.230
When Diesel Fuel Tax Refund or Credit May Be Filed 162.231
Notice Regarding Dyed Diesel Fuel 162.232
Dyed Diesel Fuel Notice Required on Shipping Documents, Bills of Lading, and Invoices 162.233
Unauthorized Sale or Use of Dyed Diesel Fuel 162.234
Alteration of Dye or Marker in Dyed Diesel Fuel Prohibited 162.235
Use of Dyed Fuel Prohibited 162.351
Tax Imposed 162.352
Tax Imposed 162.353
Tax Rate 162.354
Backup Tax 162.355
Fuel Presumed Subject to Tax 162.356
Exemptions 162.357
Dealer’s License 162.358
Interstate Trucker’s License 162.359
License Application Procedure 162.360
Issuance and Display of License 162.361
Bond and Other Security for Taxes 162.362
Returns and Payments 162.363
Records 162.364
Duties of Persons Holding Tax Payments 162.365
Refund or Credit for Certain Taxes Paid 162.366
Credit for Bad Debt or Nonpayment 162.367
Claims for Refunds 162.368
Refund for Certain Metropolitan Rapid Transit Authorities 162.369
When Compressed Natural Gas or Liquefied Natural Gas Tax Refund or Credit May Be Filed 162.401
Failure to Pay Tax or File Report 162.402
Prohibited Acts 162.403
Criminal Offenses 162.404
Criminal Offenses: Special Provisions and Exceptions 162.405
Criminal Penalties 162.406
Criminal Penalties: Corporations and Associations 162.407
Venue of Criminal Prosecutions 162.408
Negation of Exception: Information, Complaint, or Indictment 162.409
Issuance of Bad Check or Similar Sight Order to Licensed Distributor, Licensed Supplier, or Permissive Supplier 162.410
Election of Offenses 162.501
Tax Administration Fund 162.502
Allocation of Unclaimed Refundable Gasoline Taxes 162.503
Allocation of Gasoline Tax 162.504
Allocation of Diesel Fuel Tax 162.506
Allocation of Compressed Natural Gas and Liquefied Natural Gas Tax 162.1025
Separate Statement of Tax Collected from Purchaser 162.1155
Duty to Report Subsequent Sales of Tax-free Gasoline Purchased for Export 162.1275
Refund for Certain Metropolitan Rapid Transit Authorities 162.1276
Refund for Certain Nonprofit Food Banks 162.2025
Separate Statement of Tax Collected from Purchaser 162.2165
Duty to Report Subsequent Sales of Tax-free Diesel Fuel Purchased for Export 162.2275
Refund for Certain Metropolitan Rapid Transit Authorities 162.2276
Refund for Certain Nonprofit Food Banks 162.5025
Allocation of Other Unclaimed Refundable Nondedicated Taxes 162.5045
Allocation of Taxes Paid on Undyed Diesel Fuel Used Off-highway
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Accessed:
May 4, 2024

§ 162.004’s source at texas​.gov