By Craddick                                           H.B. No. 1975
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to tax exemption for oil and gas wells returned to
    1-3  productive status after three years of inactivity.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 202.052, Tax Code, is amended by adding
    1-6  subsection (c) to read as follows:
    1-7        Sec. 202.052.  Rate of Tax.  (a) The tax imposed by this
    1-8  chapter is at the rate of 4.6 percent of the market value of oil
    1-9  produced in this state or 4.6 cents for each barrel of 42 standard
   1-10  gallons of oil produced in this state, whichever rate results in
   1-11  the greater amount of tax.
   1-12        (b)  For oil produced in this state from a new or expanded
   1-13  enhanced recovery project that qualifies under Section 202.054 of
   1-14  this code, the rate of the tax imposed by this chapter is 2.3
   1-15  percent of the market value of the oil.
   1-16        (c)  For oil produced in this state from a well that
   1-17  qualifies under Section 202.056 of this code, the rate of tax
   1-18  imposed by this chapter shall be reduced to zero.
   1-19        SECTION 2.  Section 201.053, Tax Code, is amended by adding
   1-20  subsection (4) to read as follows:
   1-21        Sec. 201.053.  Gas Not Taxed.  The tax imposed by this
   1-22  chapter does not apply to gas:
   1-23              (1)  injected into the earth in this state, unless sold
    2-1  for that purpose;
    2-2              (2)  produced from oil wells with oil and lawfully
    2-3  vented or flared; <or>
    2-4              (3)  used for lifting oil, unless sold for that
    2-5  purpose<.>; or
    2-6              (4)  produced in this state from a well that qualifies
    2-7  under Section 202.056 of this code.
    2-8        SECTION 3.  Subchapter B, Chapter 202, Tax Code, is amended
    2-9  by adding Section 202.056 to read as follows:
   2-10        Sec. 202.056.  EXEMPTION FOR OIL AND GAS FROM WELLS
   2-11  PREVIOUSLY INACTIVE.
   2-12        (a)  In this section:
   2-13              (1)  "Commission" means the Railroad Commission of
   2-14  Texas.
   2-15              (2)  "Hydrocarbons" means any oil or gas produced from
   2-16  a well.
   2-17              (3)  "Three-year inactive well" means any well that is
   2-18  inactive on September 1, 1993 and for three consecutive years.
   2-19        (b)  Hydrocarbons produced from a well qualify for a 10 year
   2-20  severance tax exemption if the commission designates the well as a
   2-21  three-year inactive well.  The commission may a designate a well
   2-22  without an application, or an application may be made to the
   2-23  commission for approval under this section.  The commission may
   2-24  require an applicant to provide the commission with any relevant
   2-25  information required to administer this section.  The commission
    3-1  may require additional well tests to determine well capability as
    3-2  it deems necessary.  The commission shall notify the comptroller in
    3-3  writing immediately if its determines that the operation of the
    3-4  three-year inactive well has been terminated or if it discovers any
    3-5  information that affects the taxation of the production from the
    3-6  designated well.
    3-7        (c)  If the commission designates a three-year inactive well
    3-8  under this section, it shall issue a certificate designating the
    3-9  well as a three-year inactive well as defined by subsection (a)(3)
   3-10  of this section.
   3-11        (d)  An application for three-year inactive well
   3-12  certification shall be made during the period of September 1, 1993
   3-13  through August 31, 1995 to qualify for the tax exemption under this
   3-14  section.  Hydrocarbons sold after the date of certification are
   3-15  eligible for the tax exemption.
   3-16        (e)  The commission may revoke a certificate if information
   3-17  indicates that a certified well was not a three-year inactive well
   3-18  or if other lease production is credited to the certified well.
   3-19  Upon notice to the operator from the commission that the
   3-20  certificate for tax exemption under this section has been revoked,
   3-21  the tax exemption may not be applied to hydrocarbons sold from that
   3-22  well from the date of revocation.
   3-23        (f)  The commission shall adopt all necessary rules to
   3-24  administer this section.
   3-25        (g)  To qualify for the tax exemption provided by this
    4-1  section, the person responsible for paying the tax must apply to
    4-2  the comptroller.  The comptroller shall approve the application of
    4-3  a person who demonstrates that the hydrocarbon production is
    4-4  eligible for a tax exemption.  The comptroller may require a person
    4-5  applying for the tax exemption to provide any relevant information
    4-6  necessary to administer this section.  The comptroller shall have
    4-7  the power to establish procedures in order to comply with this
    4-8  section.
    4-9        (h)  If the tax is paid at the full rate provided by Sections
   4-10  201.052(a), 201.052(b), 202.052(a) or 202.052(b) of this code
   4-11  before the comptroller approves an application for an exemption
   4-12  provided for in this chapter, the operator is entitled to a credit
   4-13  against taxes imposed by this chapter in an amount equal to the tax
   4-14  paid.  To receive a credit, the operator must apply to the
   4-15  comptroller for the credit not later than the first anniversary
   4-16  after the date the commission certifies that the well is a
   4-17  three-year inactive well.
   4-18        (i)  Penalties
   4-19              (1)  Any person who makes or subscribes any
   4-20  application, report, or other document and submits it to the
   4-21  commission to form the basis for an application for a tax exemption
   4-22  under this section, knowing that the application, report, or other
   4-23  document is false or untrue in a material fact, may be subject to
   4-24  the penalties imposed by Chapters 85 and 91, Natural Resources
   4-25  Code.
    5-1              (2)  Upon notice from the commission that the
    5-2  certification for a three-year inactive well has been revoked, the
    5-3  tax credit may not be applied to oil or gas production sold after
    5-4  the date of notification.  Any person who violates this subsection
    5-5  is liable to the state for a civil penalty if the person applies or
    5-6  attempts to apply the tax exemption allowed by this chapter after
    5-7  the certification for three-year inactive well is revoked.  The
    5-8  amount of the penalty may not exceed the sum of:
    5-9                    (A)  $10,000; and
   5-10                    (B)  the difference between the amount of taxes
   5-11  paid or attempted to be paid and the amount of taxes due.
   5-12              (3)  The attorney general may recover a penalty under
   5-13  subsection (2) of this section in a suit brought on behalf of the
   5-14  state.  Venue for the suit is in Travis County.
   5-15        SECTION 4.  This Act takes effect September 1, 1993.
   5-16        SECTION 5.  EMERGENCY.  The importance of this legislation
   5-17  and the crowded condition of the calendars in both houses create an
   5-18  emergency and an imperative public necessity that the
   5-19  constitutional rule requiring bills to be read on three several
   5-20  days in each house be suspended, and this rule is hereby suspended,
   5-21  and that this Act take effect and be in force from and after its
   5-22  passage, and it is so enacted.