Auxiliary power units and power take-off equipment get the tax back.
The bill lets people who paid state diesel tax get that tax back when the fuel runs auxiliary power units or power take-off equipment on a motor vehicle, rather than moving the vehicle. License holders take a credit on their tax return, and everyone else files a refund claim with the comptroller, using either an approved meter or a comptroller-set percentage of the vehicle's fuel. Fuel burned for idling or for cab heating and air conditioning does not qualify, and the change starts September 1, 2025.
Labels
Labels: BACK FROM THE DEAD. Same text as a bill filed before that died: 88R SB 1438 by Sen. Springer (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.
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.
WHAT IT DOES
Auxiliary power units and power take-off equipment get the tax back.
The bill lets people who paid state diesel tax get that tax back when the fuel runs auxiliary power units or power take-off equipment on a motor vehicle, rather than moving the vehicle. License holders take a credit on their tax return, and everyone else files a refund claim with the comptroller, using either an approved meter or a comptroller-set percentage of the vehicle's fuel. Fuel burned for idling or for cab heating and air conditioning does not qualify, and the change starts September 1, 2025.
CHARGES
[ ] NONE FOUND
TOTAL
Net to General Revenue · FY 2026($2,473,000)
LBB estimate, flow · fiscal note version I · ( ) = negative · source
Sources
Fiscal note · version I · April 21, 2025
Estimated Two-year Net Impact to General Revenue Related Funds for HB1663, As Introduced: a negative impact of ($5,230,000) through the biennium ending August 31, 2027.
First year · FY 2026 · ($2,473,000)
Probable Net Positive/(Negative) Impact to General Revenue Related Funds
LBB published estimates · flow over the stated periods.
Source snapshot 2026-10-19, Central time.
HISTORY
Filed
Read first time
Referred to Ways & Means
Scheduled for public hearing on . . .
Considered in public hearing
Testimony taken/registration(s) recorded in committee
LBB estimate, flow · fiscal note version I · ( ) = negative · source
Sources
Fiscal note · version I · April 21, 2025
Estimated Two-year Net Impact to General Revenue Related Funds for HB1663, As Introduced: a negative impact of ($5,230,000) through the biennium ending August 31, 2027.
First year · FY 2026 · ($2,473,000)
Probable Net Positive/(Negative) Impact to General Revenue Related Funds
LBB published estimates · flow over the stated periods.
Source snapshot 2026-10-19, Central time.
How this was graded
Analysis of text version I by claude-opus-5-5, Oct 20, 2026, against the published rubric.
FILED BEFORE
Filed 2 times: 88R and 89R. Checked against 88R only.
88R SB 1438
by Sen. Springer, different lead author · Died in committee · same text
89R4129 SRA-F
By: Ashby
H.B. No. 1663
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 162.227, Tax Code, is amended by adding
Subsection (d-1) to read as follows:
(d-1) A license holder may take a credit on a return for the
period in which the purchase occurred, and a person who does not
hold a license may file a refund claim with the comptroller, if the
license holder or person paid tax on diesel fuel and the diesel fuel
is used in this state by auxiliary power units or power take-off
equipment on any motor vehicle. If the quantity of that diesel fuel
can be accurately measured while the motor vehicle is stationary by
any metering or other measuring device or method designed to
measure the fuel separately from fuel used to propel the motor
vehicle, the comptroller may approve and adopt the use of the device
as a basis for determining the quantity of diesel fuel consumed in
those operations for a tax credit or tax refund. If there is no
separate metering device or other approved measuring method, the
license holder may take the credit and the person who does not hold
a license may claim the refund on a percentage of the diesel fuel
consumed by each motor vehicle equipped with an auxiliary power
unit or power take-off equipment. The comptroller shall determine
the percentage of diesel fuel for which the credit or refund may be
claimed. The climate-control air conditioning or heating system of
a motor vehicle that has a primary purpose of providing for the
convenience or comfort of the operator or passengers is not a power
take-off system, and a credit or refund may not be allowed for the
tax paid on any portion of the diesel fuel that is used for that
purpose. A credit or refund may not be allowed for the diesel fuel
tax paid on that portion of the diesel fuel that is used for idling.
SECTION 2. This Act takes effect September 1, 2025.