By Rudd                                               H.B. No. 2723
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to tax and regulatory relief as incentives for the
    1-3  production of certain gas that is difficult or expensive to produce
    1-4  and relating to a reduced oil production tax rate for oil from
    1-5  certain enhanced recovery projects.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Section 201.057, Tax Code, is amended to read as
    1-8  follows:
    1-9        Sec. 201.057.  Temporary Exemption of Certain High-Cost Gas.
   1-10  (a) In this section:
   1-11              (1)  "Commission" means the Railroad Commission of
   1-12  Texas.
   1-13              (2)  "High-cost gas" means:
   1-14                    (A)  high-cost natural gas as described by
   1-15  Section 107, Natural Gas Policy Act of 1978 (15 U.S.C. Section
   1-16  3317), as that section exists on January 1, 1989, without regard to
   1-17  whether that section is in effect or whether a determination has
   1-18  been made that the gas is high-cost natural gas for purposes of
   1-19  that Act<.>; or
   1-20                    (B)  all gas produced from oil wells or gas wells
   1-21  within a commission approved co-production project.
   1-22              (3)  "Commission approved co-production project" means
   1-23  a reservoir development project in which the commission has
    2-1  recognized that water withdrawals from an oil or gas reservoir in
    2-2  excess of specified minimum volumes will result in recovery of
    2-3  additional oil and/or gas from the reservoir that would not be
    2-4  produced by conventional production methods and where operators of
    2-5  wells completed in the reservoir have begun to implement commission
    2-6  requirements to withdraw such volumes of water and dispose of such
    2-7  water outside the subject reservoir.  Reservoirs potentially
    2-8  eligible for this designation shall be limited to those reservoirs
    2-9  in which oil and/or gas has been bypassed by water encroachment
   2-10  caused by production from the reservoir and such bypassed oil
   2-11  and/or gas may be produced as a result of reservoirwide high-volume
   2-12  water withdrawals of natural formation water.
   2-13              (4)  "High-volume water withdrawals" means the
   2-14  withdrawal of water from a reservoir in an amount sufficient to
   2-15  dewater portions of the reservoir containing oil and/or gas
   2-16  previously bypassed by water encroachment.
   2-17              (5)  "Co-production" means the permanent removal of
   2-18  water from an oil and/or gas reservoir in an effort to lower the
   2-19  gas-water contact or oil-water contact in the reservoir or to
   2-20  reduce reservoir pressure to recover entrained hydrocarbons from
   2-21  the reservoir that would not be produced by conventional primary or
   2-22  secondary production methods.
   2-23              (6)  "Operator" means the person responsible for the
   2-24  actual physical operation of <a> an oil or gas well.
   2-25        (b)  High-cost gas as defined in paragraph (a)(2)(A) of this
    3-1  section, produced from a well that is spudded or completed between
    3-2  <the date of enactment> May 24, 1989 and September 1, 1996 is
    3-3  exempt from the tax imposed by this chapter during the period
    3-4  beginning September 1, 1991, and ending August 31, 2001.  High cost
    3-5  gas as defined in paragraph (a)(2)(B) of this section is exempt
    3-6  from the tax imposed by this chapter during the period beginning
    3-7  the first day of the month after Commission approval of a
    3-8  co-production project and ending August 31, 2001, provided,
    3-9  however, in the event coproduction ceases, the exemption shall also
   3-10  cease on the first day of the first calendar month that begins on
   3-11  or after the 91st day following the date of termination of
   3-12  coproduction operations.
   3-13        (c)  The operator of a proposed or existing gas well,
   3-14  including a gas well that has not been completed, or the operator
   3-15  of any proposed or existing oil or gas well within a commission
   3-16  approved co-production project, may apply to the commission for
   3-17  certification that the well produces or will produce high-cost gas.
   3-18  The application may be made but is not required to be made
   3-19  concurrently with a request for a determination that gas produced
   3-20  from the well is high-cost natural gas for purposes of the Natural
   3-21  Gas Policy Act of 1978 (15 U.S.C. Section 3301 et seq.) or with a
   3-22  request for commission approval of a co-production project.  The
   3-23  commission may require an applicant to provide the commission with
   3-24  any relevant information required to administer this section.  For
   3-25  purposes of this section, a determination that gas is high-cost
    4-1  natural gas for purposes of the Natural Gas Policy Act of 1978 made
    4-2  according to the definition of high-cost natural gas provided by
    4-3  Section 107, Natural Gas Policy Act of 1978 (15 U.S.C. Section
    4-4  3317), as that section exists on January 1, 1989, or a
    4-5  determination that gas is produced from within a Commission
    4-6  approved co-production project is a certification that the gas is
    4-7  high-cost gas for purposes of this section, and in that event
    4-8  additional certification is not required to qualify for the
    4-9  exemption provided by this section.
   4-10        (d)  To qualify for the exemption provided by this section,
   4-11  the person responsible for paying the tax must apply to the
   4-12  comptroller.  The application must contain the certification of the
   4-13  commission that the well produces high-cost gas.  An application
   4-14  may not be filed before January 1, 1990, or after December 31,
   4-15  1998.  The comptroller shall approve the application of a person
   4-16  who demonstrates that the gas is eligible for the exemption.  The
   4-17  comptroller may require a person applying for the exemption to
   4-18  provide any relevant information in the person's monthly report
   4-19  that the comptroller considers necessary to administer this
   4-20  section.  The commission shall notify the comptroller in writing
   4-21  immediately if it determines that an oil or gas well previously
   4-22  certified as producing high-cost gas does not produce high-cost gas
   4-23  or if it takes any action or discovers any information that affects
   4-24  the eligibility of gas for an exemption under this section.
   4-25        (e)  If, before the commission certifies that a well produces
    5-1  high-cost gas or before the comptroller approves an application for
    5-2  an exemption under this section, the tax imposed by this chapter is
    5-3  paid on high-cost gas that otherwise qualifies for the exemption
    5-4  provided by this section, the producer or producers of the gas are
    5-5  entitled to a credit against other taxes imposed by this chapter in
    5-6  an amount equal to the amount of the tax paid on the gas that
    5-7  otherwise qualified for the exemption on or after the first day of
    5-8  the next month after the month in which the application for
    5-9  certification under this section was filed with the commission.
   5-10  The credit is allocated to each producer according to the
   5-11  producer's proportionate share in the gas.  To receive a credit,
   5-12  one or more of the producers must apply to the comptroller for the
   5-13  credit not later than the first anniversary after the date the
   5-14  comptroller approves the application for an exemption under this
   5-15  section.  If a producer demonstrates that the producer does not
   5-16  have sufficient tax liability under this chapter to claim the
   5-17  credit within five years from the date the application for the
   5-18  credit is made, the producer is entitled to a refund in the amount
   5-19  of any credit the comptroller determines may not be claimed within
   5-20  that five years.
   5-21        (f)  An applicant for Commission approval of a coproduction
   5-22  project shall submit a written application for approval to the
   5-23  Commission.  Such application must be filed before January 1, 1994.
   5-24  The applicant shall provide the Commission with any relevant
   5-25  information required to administer this section, including evidence
    6-1  demonstrating that the reservoir is eligible for the designation
    6-2  and demonstrating the minimum volumes of high-volume water
    6-3  withdrawal required to recover oil and/or gas from the reservoir
    6-4  that would not be produced by conventional production methods.  A
    6-5  Commission representative may administratively approve the
    6-6  application.  If the Commission representative denies
    6-7  administrative approval, the applicant shall have the right to a
    6-8  hearing upon request.
    6-9        SECTION 2.  Section 202.054, Tax Code, is amended to read as
   6-10  follows:
   6-11        Sec. 202.054.  Qualification of Oil From New or Expanded
   6-12  Enhanced Recovery Project for Special Tax Rate.  (a)  In this
   6-13  section:
   6-14              (1)  "Active operation" means the start and
   6-15  continuation of a fluid injection program for a secondary or
   6-16  tertiary recovery project to enhance the displacement process in
   6-17  the reservoir.
   6-18              (2)  "Commission" means the Railroad Commission of
   6-19  Texas.
   6-20              (3)  "Enhanced recovery project" means the use of any
   6-21  process for the displacement of oil from the earth other than
   6-22  primary recovery and includes the use of an immiscible, miscible,
   6-23  chemical, thermal, or biological process and any co-production
   6-24  project.
   6-25              (4)  "Existing enhanced recovery project" means an
    7-1  enhanced recovery project that began active operations before
    7-2  September 1, 1989.
    7-3              (5)  "Expanded enhanced recovery project" or
    7-4  "expansion" means the addition of injection and producing wells,
    7-5  the change of injection pattern, or other operating changes to an
    7-6  existing enhanced oil recovery project that will result in the
    7-7  recovery of oil that would not otherwise be recovered.
    7-8              (6)  "Incremental production" means the volume of oil
    7-9  produced by an expanded enhanced recovery project in excess of the
   7-10  production decline rate established under conditions before
   7-11  expansion for an existing enhanced recovery project.
   7-12              (7)  "Operator" means the person responsible for the
   7-13  actual physical operation of an enhanced recovery project.
   7-14              (8)  "Positive production response" means that the rate
   7-15  of oil production from the wells affected by an enhanced recovery
   7-16  project is greater than the rate that would have occurred without
   7-17  the project.
   7-18              (9)  "Primary recovery" means the displacement of oil
   7-19  from the earth into the well bore by means of the natural pressure
   7-20  of the oil reservoir, including artificial lift.
   7-21              (10)  "Production decline rate" means the projected
   7-22  future oil production from a project area as extrapolated by a
   7-23  method approved by the commission.
   7-24              (11)  "Recovered oil tax rate" means the tax rate
   7-25  provided by Section 202.052(b) of this code.
    8-1              (12)  "Secondary recovery project" means an enhanced
    8-2  recovery project that is not a tertiary recovery project.
    8-3              (13)  "Tertiary recovery project" means an enhanced
    8-4  recovery project using a tertiary recovery method listed in the
    8-5  federal June 1979 energy regulations referred to in Section
    8-6  4993, Internal Revenue Code of 1986,**1  or approved by the United
    8-7  States secretary of the treasury for purposes of administering
    8-8  Section 4993, Internal Revenue Code of 1986, without regard to
    8-9  whether that section remains in effect.
   8-10              (14)  "Co-production project" means an enhanced
   8-11  recovery project in which water is permanently removed from an oil
   8-12  and/or gas reservoir in an effort to lower the gas-water or
   8-13  oil-water contact in the reservoir or to reduce reservoir pressure
   8-14  to recover entrained hydrocarbons from the reservoir that would not
   8-15  be produced by conventional primary or secondary production
   8-16  methods.
   8-17              (15)  "Commission approved co-production project" means
   8-18  a reservoir development project in which the commission has
   8-19  recognized that water withdrawals from an oil or gas reservoir in
   8-20  excess of specified minimum volumes will result in recovery of
   8-21  additional oil and/or gas from the reservoir that would not be
   8-22  produced by conventional production methods and where operators in
   8-23---
   8-24.S.C.A.  Sec. 4993 (repealed).
   8-25  the field have begun to implement commission requirements to
    9-1  withdraw such volumes of water and dispose of such water outside
    9-2  the subject reservoir.  Reservoirs potentially eligible for this
    9-3  designation shall be limited to those reservoirs in which oil
    9-4  and/or gas has been bypassed by water encroachment caused by
    9-5  production from the reservoir and such bypassed oil and/or gas may
    9-6  be produced as a result of fieldwide high volume water withdrawals
    9-7  of natural formation water.
    9-8              (16)  "High-volume water withdrawals" means the
    9-9  withdrawal of water from a reservoir in an amount sufficient to
   9-10  dewater portions of the reservoir containing oil and/or gas
   9-11  previously bypassed by water encroachment.
   9-12        (b)  Oil produced from an enhanced recovery project other
   9-13  than a co-production project qualifies for the recovered oil tax
   9-14  rate if, before the project begins active operation, the commission
   9-15  approves the project and designates the area to be affected by the
   9-16  project. The incremental production from an expanded enhanced
   9-17  recovery project other than a co-production project qualifies for
   9-18  the recovered oil tax rate if, before the expansion begins, the
   9-19  commission approves the expansion and designates the area to be
   9-20  affected by the expansion.  Oil produced from a commission approved
   9-21  co-production project, whether a new enhanced recovery project or
   9-22  an expanded enhanced recovery project, qualifies for the recovered
   9-23  oil tax rate without regard to whether the commission approval is
   9-24  before or after the project began active operations.  The operator
   9-25  of a proposed project, <or> a proposed expansion, or a proposed or
   10-1  existing co-production project may apply to the commission for
   10-2  approval of the project or expansion under this section.  The
   10-3  commission may require an applicant to provide the commission with
   10-4  any relevant information required to administer this section.  If
   10-5  approval by the commission of a unitization agreement under
   10-6  Subchapter B, Chapter 101, Natural Resources Code,**2  is required
   10-7  for purposes of carrying out the project or expansion, the
   10-8  commission may not approve the project or expansion unless it
   10-9  approves the unitization agreement.  A person may apply for
  10-10  approval of a proposed enhanced recovery project, <or> a proposed
  10-11  expansion or a proposed co-production project under this subsection
  10-12  concurrently with an application for approval of a unitization
  10-13  agreement for purposes of carrying out the enhanced recovery
  10-14  project or expansion under Section 101.011, Natural Resources Code,
  10-15  or with an application for certification of the project or
  10-16  expansion as a tertiary recovery project for purposes of Section
  10-17  4993, Internal Revenue Code of 1986, or may make a separate
  10-18  application for approval.
  10-19        (c)  This section applies to an enhanced recovery project
  10-20  that begins active operation on or after September 1, 1989, and to
  10-21  an expansion that the commission approves on or after September 1,
  10-22  1991. An application for approval under this section must be filed
  10-23  on or after September 1, 1989, and before January 1, 1994, for a
  10-24  new enhanced recovery project, including any coproduction project.
  10-25  An application for approval under this section must be filed on or
   11-1  after September 1, 1991, and before January 1, 1994, for an
   11-2  expansion of an existing enhanced recovery project.  A project may
   11-3  not qualify as an expansion if the project has qualified as a new
   11-4  enhanced recovery project under this section.  An application may
   11-5  be filed on or after September 1, 1989, even if a separate
   11-6---
   11-7C.A. Natural Resources Code, Sec. 101.011 et seq.
   11-8  application for approval of the project or expansion has already
   11-9  been filed under Subchapter B, Chapter 101, Natural Resources Code,
  11-10  or for approval as a tertiary recovery project for purposes of
  11-11  Section 493, Internal Revenue Code of 1986, if the operation of a
  11-12  new project or the expansion of an existing project, other than a
  11-13  co-production project, does not begin before the application for
  11-14  approval under this section is approved by the commission<.>;
  11-15  provided, however, nothing herein shall require commission approval
  11-16  of a co-production project prior to commencing active operations on
  11-17  such project in order for such project to be eligible for the
  11-18  recovered oil tax rate.
  11-19        (d)  An applicant for Commission approval of a coproduction
  11-20  project shall submit a written application for approval to the
  11-21  Commission.  Such application must be filed before January 1, 1994.
  11-22  The applicant shall provide the Commission with any relevant
  11-23  information required to administer this section, including evidence
  11-24  demonstrating that the reservoir is eligible for the designation
  11-25  and demonstrating the minimum volumes of high-volume water
   12-1  withdrawal required to recover oil and/or gas from the reservoir
   12-2  that would not be produced by conventional production methods.  A
   12-3  Commission representative may administratively approve the
   12-4  application.  If the Commission representative denies
   12-5  administrative approval, the applicant shall have the right to a
   12-6  hearing upon request.
   12-7        (e)  If the commission approves an enhanced recovery project
   12-8  or an expansion under this section, it shall issue a certification
   12-9  of approval for an approved project designating the area to be
  12-10  affected by the project.
  12-11        (f)  The recovered oil tax rate applies only to oil produced
  12-12  from a new enhanced oil recovery project, including a coproduction
  12-13  project, or the incremental production caused by the expansion of
  12-14  an existing enhanced recovery project from the area the commission
  12-15  certifies to be affected by the project.
  12-16        (g)  Except as provided by Subsection (h) of this section,
  12-17  the recovered oil tax rate applies to oil on which a tax is imposed
  12-18  by this chapter for the 10 years beginning the first day of the
  12-19  month following the date the commission certifies that, in the case
  12-20  of an enhanced recovery project including a coproduction project, a
  12-21  positive production response has occurred or, in the case of an
  12-22  expansion, other than related to a co-production project,
  12-23  incremental production has occurred, if the application for
  12-24  certification is filed:
  12-25              (1)  not later than three years from the date the
   13-1  commission approves the project if the project is designated as a
   13-2  new or existing project other than a coproduction project that uses
   13-3  a secondary recovery process; or
   13-4              (2)  not later than five years from the date the
   13-5  commission approves the project if the project is designated as a
   13-6  new or existing project that uses a tertiary recovery process or is
   13-7  a coproduction project.
   13-8        (h)  The operator may designate the certification date,
   13-9  subject to commission approval.  If the commission determines that
  13-10  the project has caused a positive production response or
  13-11  incremental production, the commission shall certify that fact.
  13-12        (i)  Notwithstanding Subsection (f) of this section,
  13-13  qualification for the recovered oil tax rate ends on the first day
  13-14  of the first calendar month that begins on or after the 91st day
  13-15  following the date of termination of the active operation of the
  13-16  enhanced recovery project or of termination of an approved
  13-17  expansion.
  13-18        (j)  If the active operation of an approved enhanced recovery
  13-19  project or expansion is terminated, the person who immediately
  13-20  before the termination is the operator of the project shall notify
  13-21  the commission and the comptroller in writing not later than the
  13-22  30th day after the last day of active operation.  Any person who
  13-23  violates this subsection is liable to the state for a civil penalty
  13-24  if the person pays or attempts to pay the tax imposed by this
  13-25  chapter on oil from the project at the recovered oil tax rate after
   14-1  qualification for that rate ends under Subsection (f), (h) or (i)
   14-2  of this section.  The amount of the penalty may not exceed the sum
   14-3  of:
   14-4              (1)  $10,000; and
   14-5              (2)  the difference between the amount of taxes paid or
   14-6  attempted to be paid and the amount of taxes due.
   14-7        (k)  The attorney general may recover a penalty under
   14-8  Subsection (i) of this section in a suit brought on behalf of the
   14-9  state.  Venue for the suit is in Travis County.
  14-10        (l)  The commission has broad discretion in administering
  14-11  this section and shall adopt and enforce any appropriate rules or
  14-12  orders that the commission finds necessary to administer this
  14-13  section concerning the designation, operation, and termination of
  14-14  enhanced recovery projects and expansions. The commission shall
  14-15  notify the comptroller of any action taken under this subsection.
  14-16  The comptroller shall have the power to establish procedures in
  14-17  order to comply with this Act.
  14-18        (m)  If, before the comptroller approves an application for
  14-19  taxation at the recovered oil tax rate, the tax imposed by this
  14-20  chapter is paid at the rate provided by Section 202.052(a) of this
  14-21  code on oil that qualifies under this section for the recovered oil
  14-22  tax rate, the producer or producers of the oil are entitled to a
  14-23  credit against taxes imposed by this chapter in an amount equal to
  14-24  the difference between the tax paid on the oil and the tax due on
  14-25  the oil at the recovered oil tax rate.  The credit is allocated to
   15-1  each producer according to the producer's proportionate share in
   15-2  the oil.  To receive a credit, one or more of the producers of the
   15-3  oil must apply to the comptroller for the credit not later than the
   15-4  first anniversary after the date the commission certifies that a
   15-5  positive production response has occurred.
   15-6        (n)  To qualify for the taxation of oil at the recovered oil
   15-7  tax rate, a person responsible for paying the tax must apply to the
   15-8  comptroller.  The application must include the certification of the
   15-9  commission that the project or expansion has been approved and that
  15-10  the project has resulted in a positive production response or that
  15-11  the expansion has resulted in incremental production.  The
  15-12  comptroller shall approve the application of a person who
  15-13  demonstrates that the oil is eligible for taxation at the recovered
  15-14  oil tax rate.  The comptroller may require a person applying for
  15-15  the recovered oil tax rate to provide any relevant information in
  15-16  the person's monthly report and internal records that the
  15-17  comptroller considers necessary to administer this section.  The
  15-18  commission shall notify the comptroller in writing immediately if
  15-19  it determines that active operation of an approved enhanced
  15-20  recovery project or an approved expansion has been terminated or if
  15-21  it takes any action or discovers any information that affects the
  15-22  taxation of oil at the recovered oil tax rate.
  15-23        SECTION 3.  This Act takes effect __________, 1993.
  15-24        SECTION 4.  The importance of this legislation and the
  15-25  crowded condition of the calendars in both houses create an
   16-1  emergency and an imperative public necessity that the
   16-2  constitutional rule requiring bills to be read on three several
   16-3  days in each house be suspended, and this rule is hereby suspended.