1-1  By:  Craddick (Senate Sponsor - Carriker, Bivins)     H.B. No. 1975
    1-2        (In the Senate - Received from the House April 19, 1993;
    1-3  April 19, 1993, read first time and referred to Committee on
    1-4  Finance; May 10, 1993, reported favorably by the following vote:
    1-5  Yeas 11, Nays 0; May 10, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Montford                            x              
    1-9        Turner             x                               
   1-10        Armbrister         x                               
   1-11        Barrientos         x                               
   1-12        Bivins             x                               
   1-13        Ellis              x                               
   1-14        Haley              x                               
   1-15        Moncrief                            x              
   1-16        Parker             x                               
   1-17        Ratliff            x                               
   1-18        Sims               x                               
   1-19        Truan              x                               
   1-20        Zaffirini          x                               
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to tax exemption for oil and gas wells returned to
   1-24  productive status after three years of inactivity.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Section 202.052, Tax Code, is amended to read as
   1-27  follows:
   1-28        Sec. 202.052.  Rate of Tax.  (a) The tax imposed by this
   1-29  chapter is at the rate of 4.6 percent of the market value of oil
   1-30  produced in this state or 4.6 cents for each barrel of 42 standard
   1-31  gallons of oil produced in this state, whichever rate results in
   1-32  the greater amount of tax.
   1-33        (b)  For oil produced in this state from a new or expanded
   1-34  enhanced recovery project that qualifies under Section 202.054 of
   1-35  this code, the rate of the tax imposed by this chapter is 2.3
   1-36  percent of the market value of the oil.
   1-37        (c)  For oil produced in this state from a well that
   1-38  qualifies under Section 202.056, the rate of tax imposed by this
   1-39  chapter shall be reduced to zero.
   1-40        SECTION 2.  Section 201.053, Tax Code, is amended to read as
   1-41  follows:
   1-42        Sec. 201.053.  Gas Not Taxed.  The tax imposed by this
   1-43  chapter does not apply to gas:
   1-44              (1)  injected into the earth in this state, unless sold
   1-45  for that purpose;
   1-46              (2)  produced from oil wells with oil and lawfully
   1-47  vented or flared; <or>
   1-48              (3)  used for lifting oil, unless sold for that
   1-49  purpose<.>; or
   1-50              (4)  produced in this state from a well that qualifies
   1-51  under Section 202.056.
   1-52        SECTION 3.  Subchapter B, Chapter 202, Tax Code, is amended
   1-53  by adding Section 202.056 to read as follows:
   1-54        Sec. 202.056.  EXEMPTION FOR OIL AND GAS FROM WELLS
   1-55  PREVIOUSLY INACTIVE.  (a)  In this section:
   1-56              (1)  "Commission" means the Railroad Commission of
   1-57  Texas.
   1-58              (2)  "Hydrocarbons" means any oil or gas produced from
   1-59  a well.
   1-60              (3)  "Three-year inactive well" means any well that
   1-61  has not produced in more than one month in the three years prior to
   1-62  the date of application for severance tax exemption under this
   1-63  section.
   1-64        (b)  Hydrocarbons produced from a well qualify for a 10-year
   1-65  severance tax exemption if the commission designates the well as a
   1-66  three-year inactive well.  The commission may designate a well
   1-67  without an application, or an application may be made to the
   1-68  commission for approval under this section.  The commission may
    2-1  require an applicant to provide the commission with any relevant
    2-2  information required to administer this section.  The commission
    2-3  may require additional well tests to determine well capability as
    2-4  it deems necessary.  The commission shall notify the comptroller in
    2-5  writing immediately if it determines that the operation of the
    2-6  three-year inactive well has been terminated or if it discovers any
    2-7  information that affects the taxation of the production from the
    2-8  designated well.
    2-9        (c)  If the commission designates a three-year inactive well
   2-10  under this section, it shall issue a certificate designating the
   2-11  well as a three-year inactive well as defined by Subsection (a)(3)
   2-12  of this section.  The commission may not designate a well under
   2-13  this section after February 29, 1996.
   2-14        (d)  An application for three-year inactive well
   2-15  certification shall be made during the period of September 1, 1993,
   2-16  through August 31, 1995, to qualify for the tax exemption under
   2-17  this section.  Hydrocarbons sold after the date of certification
   2-18  are eligible for the tax exemption.
   2-19        (e)  The commission may revoke a certificate if information
   2-20  indicates that a certified well was not a three-year inactive well
   2-21  or if other lease production is credited to the certified well.
   2-22  Upon notice to the operator from the commission that the
   2-23  certificate for tax exemption under this section has been revoked,
   2-24  the tax exemption may not be applied to hydrocarbons sold from that
   2-25  well from the date of revocation.
   2-26        (f)  The commission shall adopt all necessary rules to
   2-27  administer this section.
   2-28        (g)  To qualify for the tax exemption provided by this
   2-29  section, the person responsible for paying the tax must apply to
   2-30  the comptroller.  The comptroller shall approve the application of
   2-31  a person who demonstrates that the hydrocarbon production is
   2-32  eligible for a tax exemption.  The comptroller may require a person
   2-33  applying for the tax exemption to provide any relevant information
   2-34  necessary to administer this section.  The comptroller shall have
   2-35  the power to establish procedures in order to comply with this
   2-36  section.
   2-37        (h)  If the tax is paid at the full rate provided by Section
   2-38  201.052(a), 201.052(b), 202.052(a), or 202.052(b) before the
   2-39  comptroller approves an application for an exemption provided for
   2-40  in this chapter, the operator is entitled to a credit against taxes
   2-41  imposed by this chapter in an amount equal to the tax paid.  To
   2-42  receive a credit, the operator must apply to the comptroller for
   2-43  the credit not later than the first anniversary after the date the
   2-44  commission certifies that the well is a three-year inactive well.
   2-45        (i)  Penalties
   2-46              (1)  Any person who makes or subscribes any
   2-47  application, report, or other document and submits it to the
   2-48  commission to form the basis for an application for a tax exemption
   2-49  under this section, knowing that the application, report, or other
   2-50  document is false or untrue in a material fact, may be subject to
   2-51  the penalties imposed by Chapters 85 and 91, Natural Resources
   2-52  Code.
   2-53              (2)  Upon notice from the commission that the
   2-54  certification for a three-year inactive well has been revoked, the
   2-55  tax exemption shall not apply to oil or gas production sold after
   2-56  the date of notification.  Any person who violates this subsection
   2-57  is liable to the state for a civil penalty if the person applies or
   2-58  attempts to apply the tax exemption allowed by this chapter after
   2-59  the certification for a three-year inactive well is revoked.  The
   2-60  amount of the penalty may not exceed the sum of:
   2-61                    (A)  $10,000; and
   2-62                    (B)  the difference between the amount of taxes
   2-63  paid or attempted to be paid and the amount of taxes due.
   2-64              (3)  The attorney general may recover a penalty under
   2-65  Subdivision (2) of this subsection in a suit brought on behalf of
   2-66  the state.  Venue for the suit is in Travis County.
   2-67        SECTION 4.  This Act takes effect September 1, 1993.
   2-68        SECTION 5.  The importance of this legislation and the
   2-69  crowded condition of the calendars in both houses create an
   2-70  emergency and an imperative public necessity that the
    3-1  constitutional rule requiring bills to be read on three several
    3-2  days in each house be suspended, and this rule is hereby suspended,
    3-3  and that this Act take effect and be in force from and after its
    3-4  passage, and it is so enacted.
    3-5                               * * * * *
    3-6                                                         Austin,
    3-7  Texas
    3-8                                                         May 10, 1993
    3-9  Hon. Bob Bullock
   3-10  President of the Senate
   3-11  Sir:
   3-12  We, your Committee on Finance to which was referred H.B. No. 1975,
   3-13  have had the same under consideration, and I am instructed to
   3-14  report it back to the Senate with the recommendation that it do
   3-15  pass and be printed.
   3-16                                                         Montford,
   3-17  Chairman
   3-18                               * * * * *
   3-19                               WITNESSES
   3-20                                                  FOR   AGAINST  ON
   3-21  ___________________________________________________________________
   3-22  Name:  James E. Nugent                           x
   3-23  Representing:  Texas Railroad Commission
   3-24  City:  Austin
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   3-26  Name:  David Garlick                             x
   3-27  Representing:  Texas Railroad Commission
   3-28  City:  Austin
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