1-1  By:  Craddick (Senate Sponsor - Carriker, Bivins)     H.B. No. 1974
    1-2        (In the Senate - Received from the House April 26, 1993;
    1-3  April 27, 1993, read first time and referred to Committee on State
    1-4  Affairs; May 5, 1993, rereferred to Committee on Finance;
    1-5  May 10, 1993, reported favorably by the following vote:  Yeas 11,
    1-6  Nays 0; May 10, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Montford                            x              
   1-10        Turner             x                               
   1-11        Armbrister         x                               
   1-12        Barrientos         x                               
   1-13        Bivins             x                               
   1-14        Ellis              x                               
   1-15        Haley              x                               
   1-16        Moncrief                            x              
   1-17        Parker             x                               
   1-18        Ratliff            x                               
   1-19        Sims               x                               
   1-20        Truan              x                               
   1-21        Zaffirini          x                               
   1-22                         A BILL TO BE ENTITLED
   1-23                                AN ACT
   1-24  relating to tax credits for the discovery of new oil or gas fields;
   1-25  providing penalties.
   1-26        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-27        SECTION 1.  Subtitle I, Title 2, Tax Code, is amended by
   1-28  adding Chapter 204 to read as follows:
   1-29          CHAPTER 204.  TAX CREDIT FOR NEW FIELD DISCOVERIES
   1-30        Sec. 204.001.  DEFINITIONS.  In this chapter:
   1-31              (1)  "Commission" means the Railroad Commission of
   1-32  Texas.
   1-33              (2)  "Field" means an accumulation of oil or gas or
   1-34  both that is not in natural pressure communication or otherwise
   1-35  connected to any other accumulation of oil or gas or both.
   1-36              (3)  "New field" means a field that has been certified
   1-37  by the commission as a previously unrecognized and unidentified
   1-38  field.
   1-39              (4)  "Discovery well" means an oil or gas well by which
   1-40  a new field discovery is made.
   1-41              (5)  "Spud" means the initial penetration of the earth
   1-42  by the drill bit for an oil or gas well under proper permit from
   1-43  the commission.
   1-44              (6)  "Completed" means the well has been equipped to
   1-45  produce hydrocarbons and the commission has been notified as
   1-46  required by commission rules.
   1-47        Sec. 204.002.  TAX CREDIT FOR NEW FIELD DISCOVERIES.
   1-48  (a)  Persons who obtain a certification of a new field discovery
   1-49  from the commission as the result of a discovery well spudded
   1-50  during the period of January 1, 1994, through December 31, 1994,
   1-51  are eligible for a tax credit applicable against the taxes imposed
   1-52  by Chapters 201 and 202 upon the commission notifying the
   1-53  comptroller that 521 new fields have been discovered as the result
   1-54  of wells spudded during 1994.
   1-55        (b)  The amount of the tax credit shall be as follows:
   1-56              (1)  $10,000 for each discovery well spudded during
   1-57  1994 if the number of discovery wells spudded that year is 521 or
   1-58  more, but less than 721;
   1-59              (2)  $25,000 for each discovery well spudded during
   1-60  1994 if the number of discovery wells spudded that year is 721 or
   1-61  more.
   1-62        Sec. 204.003.  CERTIFICATION OF NEW FIELD DISCOVERY.
   1-63  (a)  The commission shall have the authority to establish the
   1-64  method of determining whether a new field has been discovered.  The
   1-65  commission may require an applicant for a new field discovery to
   1-66  provide the commission with any relevant information required to
   1-67  administer this chapter.  Upon determining that a well spudded
   1-68  during 1994 resulted in the discovery of a new field, the
    2-1  commission shall furnish a certificate of new field discovery to
    2-2  the applicant.
    2-3        (b)  For purposes of obtaining a tax credit under this
    2-4  chapter, applications for new field discoveries must be made to the
    2-5  commission within 90 days of the date the discovery well is
    2-6  completed in the proposed new field.   In no event will an
    2-7  application for new field discovery be accepted by the commission,
    2-8  for purposes of obtaining a tax credit, after 180 days from the
    2-9  cessation of drilling operations.
   2-10        Sec. 204.004.  TAX CREDIT FOR ADDITIONAL WELLS IN A NEW
   2-11  FIELD.  Upon the commission notifying the comptroller that 842
   2-12  discovery wells have been spudded in 1994, persons obtaining a new
   2-13  field discovery during that year shall be eligible for an
   2-14  additional $25,000 tax credit for each additional well spudded and
   2-15  producing from that field, within 10 years from the spud date of
   2-16  the discovery well.  The tax credit is available to persons who
   2-17  obtain a new field discovery regardless of who drills the
   2-18  additional well.
   2-19        Sec. 204.005.  APPLICATION.  To qualify for the tax credit, a
   2-20  person who receives a new field discovery certificate from the
   2-21  commission must apply to the comptroller.  The comptroller shall
   2-22  approve the application of a person who demonstrates eligibility
   2-23  for a tax credit.  The comptroller shall have the power to
   2-24  establish procedures in order to comply with this chapter and may
   2-25  require a person applying for the tax credit to provide any
   2-26  relevant information.  The commission shall immediately notify the
   2-27  comptroller in writing if it determines that the new field
   2-28  designation obtained by the applicant has been revoked or if it
   2-29  discovers any information that affects the tax credit.
   2-30        Sec. 204.006.  APPLICABILITY OF TAX CREDIT.  (a)  Tax credits
   2-31  earned under this chapter may only be applied against the severance
   2-32  taxes imposed by Chapters 201 and 202 of this code.  The tax credit
   2-33  may not be used until September 1, 1995, and may not be used after
   2-34  August 31, 2000.  The tax credit may be applied to either oil or
   2-35  gas severance taxes regardless of the field from which the
   2-36  production originates.
   2-37        (b)  Tax credits provided under this chapter shall only be
   2-38  available if at the time the application for a tax credit is made,
   2-39  the discovery well that is the basis for the tax credit is
   2-40  producing oil or gas from the discovery field.
   2-41        Sec. 204.007.  TRANSFERABILITY OF TAX CREDIT.  The tax credit
   2-42  earned under this chapter is fully transferable.
   2-43        Sec. 204.008.  REVOCATION OF NEW FIELD DESIGNATION.  (a)  If
   2-44  the commission determines that a designated new field is connected
   2-45  with another recognized field, the tax credit provided by this
   2-46  chapter is canceled.
   2-47        (b)  Persons responsible for paying the severance tax will
   2-48  not be liable for any taxes offset by tax credits available under
   2-49  this chapter prior to the date of cancellation unless the tax
   2-50  credits were obtained in violation of this chapter or any rules or
   2-51  orders of the commission.
   2-52        Sec. 204.009.  PENALTIES.  (a)  Any person who makes or
   2-53  subscribes any application, report, or other document and submits
   2-54  it to the commission to form the basis for an application for a tax
   2-55  credit under this chapter knowing that the application, report, or
   2-56  other document is false or untrue in a material fact may be subject
   2-57  to the penalties imposed by Chapters 85 and 91, Natural Resources
   2-58  Code.
   2-59        (b)  Upon notice from the commission that the certification
   2-60  for a new field discovery has been revoked, the tax credit may not
   2-61  be applied to oil or gas production sold after the date of
   2-62  notification.  Any person who violates this subsection is liable to
   2-63  the state for a civil penalty if the person applies or attempts to
   2-64  apply the tax credit allowed by this chapter after the
   2-65  certification for new field discovery is revoked.  The amount of
   2-66  the penalty may not exceed the sum of:
   2-67              (1)  $10,000; and
   2-68              (2)  the difference between the amount of taxes paid or
   2-69  attempted to be paid and the amount of taxes due.
   2-70        (c)  The attorney general may recover a penalty under
    3-1  Subsection (b) in a suit brought on behalf of the state.  Venue for
    3-2  the suit is in Travis County.
    3-3        Sec. 204.010.  RULES AND ORDERS.  The commission has broad
    3-4  discretion in administering this chapter and may adopt and enforce
    3-5  any appropriate rules or orders that the commission finds necessary
    3-6  to administer this chapter.
    3-7        SECTION 2.  This Act takes effect September 1, 1993.
    3-8        SECTION 3.  The importance of this legislation and the
    3-9  crowded condition of the calendars in both houses create an
   3-10  emergency and an imperative public necessity that the
   3-11  constitutional rule requiring bills to be read on three several
   3-12  days in each house be suspended, and this rule is hereby suspended,
   3-13  and that this Act take effect and be in force from and after its
   3-14  passage, and it is so enacted.
   3-15                               * * * * *
   3-16                                                         Austin,
   3-17  Texas
   3-18                                                         May 10, 1993
   3-19  Hon. Bob Bullock
   3-20  President of the Senate
   3-21  Sir:
   3-22  We, your Committee on Finance to which was referred H.B. No. 1974,
   3-23  have had the same under consideration, and I am instructed to
   3-24  report it back to the Senate with the recommendation that it do
   3-25  pass and be printed.
   3-26                                                         Montford,
   3-27  Chairman
   3-28                               * * * * *
   3-29                               WITNESSES
   3-30                                                  FOR   AGAINST  ON
   3-31  ___________________________________________________________________
   3-32  Name:  James E. Nugent                           x
   3-33  Representing:  Texas Railroad Commission
   3-34  City:  Austin
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   3-36  Name:  David Garlick                             x
   3-37  Representing:  Texas Railroad Commission
   3-38  City:  Austin
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