(a) Definition. A transit company is a company that:
  (1) holds a franchise from a political subdivision or is owned or operated by a political subdivision;
  (2) has rates that are regulated by the political subdivision; and
  (3) uses vehicles designed for 12 or more passengers to transport persons in the political subdivisions.
(b) Transit company affidavit. A qualifying transit company must submit an affidavit to the comptroller stating that it holds a franchise from a political subdivision or is owned or operated by a political subdivision and has rates regulated by the political subdivision. After review and approval of the affidavit the comptroller shall issue to the transit company a letter confirming that they qualify for the refund described in subsection (c) of this section.
(c) Refund. A qualifying transit company may seek refund of one cent per gallon of gasoline or one-half of one cent per gallon of diesel fuel, one cent per gasoline gallon equivalent of compressed natural gas or one cent per diesel gallon equivalent of liquefied natural gas used in transit vehicles designed to carry 12 or more passengers. The letter issued by the comptroller to the qualifying transit company must accompany the claim for refund.
(d) Time limitation. A claim for refund must be filed no later than one year from the first day of the calendar month that follows the use of the fuel in a transit vehicle.

Source Note: The provisions of this §3.431 adopted to be effective October 13, 2004, 29 TexReg 9552; amended to be effective November 28, 2013, 38 TexReg 8446