Texas § HS.382.0145 - CLEAN FUEL INCENTIVE SURCHARGE

Full text of Texas The Texas Constitution § HS.382.0145 — CLEAN FUEL INCENTIVE SURCHARGE, with citation guidance and answers to common questions.

§ HS.382.0145. CLEAN FUEL INCENTIVE SURCHARGE

CLEAN FUEL INCENTIVE SURCHARGE. (a) The commission shall levy a clean fuel incentive surcharge of 20 cents per MMBtu on fuel oil used between April 15 and October 15 of each year in an industrial or utility boiler that is: (1) capable of using natural gas; and (2) located in a consolidated metropolitan statistical area or metropolitan statistical area with a population of 350,000 or more that has not met federal ambient air quality standards for ozone. (b) The commission may not levy the clean fuel incentive surcharge on: (1) waste oils, used oils, or hazardous waste-derived fuels burned for purposes of energy recovery or disposal, if the commission or the United States Environmental Protection Agency approves or permits the burning; (2) fuel oil used during: (A) any period of full or partial natural gas curtailment; (B) any period when there is a failure to deliver sufficient quantities of natural gas to satisfy contractual obligations to the purchaser; or (C) a catastrophic event as defined by Section 382.063 ; (3) fuel oil used between April 15 and October 15 in equipment testing or personnel training up to an aggregate of the equivalent of 48 hours full-load operation; or (4) any firm engaged in fixed price contracts with public works agencies for contracts entered into before August 28, 1989. Added by Acts 1991, 72nd Leg., ch. 14, Sec. 136, eff. Sept. 1, 1991. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 11.143, eff. Sept. 1, 1995.

Source: official Texas text · Last verified 2026-08-27

Frequently Asked Questions About Texas § HS.382.0145

What does The Texas Constitution § HS.382.0145 cover?

Section HS.382.0145 ("CLEAN FUEL INCENTIVE SURCHARGE") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Texas § HS.382.0145?

A common citation format is "The Texas Constitution § HS.382.0145" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Texas law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.

How does Texas § HS.382.0145 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Texas.