Texas temporarily eases dyed diesel restrictions as fuel costs climb

Texas farmers, ranchers and truckers will temporarily be able to use dyed diesel on public roads under a statewide disaster proclamation issued Monday by Gov. Greg Abbott.

The Sept. 28 proclamation suspends state restrictions and penalties that normally prohibit dyed diesel — fuel generally reserved for agricultural and other off-road uses — from being used on public highways.

Dyed diesel is regular diesel fuel with red dye added to identify it as fuel that is not taxed for highway use. It is commonly used in tractors, combines, irrigation engines, construction equipment and other off-road machinery. The dye allows inspectors to distinguish it from clear diesel, which is taxed for vehicles traveling on public roads.

The governor’s action allows dyed diesel to be used on Texas roads temporarily, but it does not eliminate the underlying fuel tax.

That distinction is important. The order does not give farmers a blanket exemption from fuel taxes, and it does not guarantee lower diesel prices. Instead, it gives producers more flexibility to use fuel they already have on hand and removes some state restrictions during the emergency period.

The temporary changes come as sharply higher diesel prices are putting additional pressure on farmers, ranchers and freight operators.

The proclamation also temporarily eases some weight restrictions for vehicles hauling fuel, agricultural products and timber. Qualifying loads will be allowed to operate at gross weights of up to 95,000 pounds without the usual state oversize and overweight permitting requirements.

For farmers, that could mean fewer trips hauling grain, crops, feed or fuel and more flexibility in moving equipment and supplies during harvest and other high-use periods.

Texas Farm Bureau President Russell Boening said the changes could provide some relief for agricultural producers already facing high production costs.

“Texas farmers and ranchers appreciate any effort to help relieve the high cost of fuel being used to produce food, fiber and fuel,” Boening said.

Abbott also asked the U.S. Environmental Protection Agency for a temporary waiver of federal ultra-low sulfur diesel requirements and Texas Low Emission Diesel rules that apply in 110 Texas counties.  

Unlike the dyed-diesel and truck-weight changes, that portion of the governor’s action requires federal approval. If EPA grants the request, additional types of diesel could be sold in Texas, potentially increasing available fuel supplies.