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 3-35 ------------------------------------------------------------------- 3-36 Name: David Garlick x 3-37 Representing: Texas Railroad Commission 3-38 City: Austin 3-39 -------------------------------------------------------------------