1-1  By:  Sims                                              S.B. No. 466
    1-2        (In the Senate - Filed February 24, 1993; February 25, 1993,
    1-3  read first time and referred to Committee on State Affairs;
    1-4  May 5, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 7, Nays 0; May 5, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Harris of Dallas   x                               
   1-10        Rosson             x                               
   1-11        Carriker                                       x   
   1-12        Henderson                                      x   
   1-13        Leedom                                         x   
   1-14        Lucio                                          x   
   1-15        Luna                                           x   
   1-16        Nelson             x                               
   1-17        Patterson          x                               
   1-18        Shelley            x                               
   1-19        Sibley             x                               
   1-20        West               x                               
   1-21        Whitmire                                       x   
   1-22  COMMITTEE SUBSTITUTE FOR S.B. No. 466                  By:  Shelley
   1-23                         A BILL TO BE ENTITLED
   1-24                                AN ACT
   1-25  relating to the qualification of oil from new or expanded enhanced
   1-26  recovery projects for special tax rates.
   1-27        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-28        SECTION 1.  Subsection (b), Section 202.054, Tax Code, is
   1-29  amended to read as follows:
   1-30        (b)  Oil produced from an enhanced recovery project qualifies
   1-31  for the recovered oil tax rate if, before the project begins active
   1-32  operation, the commission approves the project and designates the
   1-33  area to be affected by the project. The incremental production from
   1-34  an expanded enhanced recovery project qualifies for the recovered
   1-35  oil tax rate if, before the expansion begins, the commission
   1-36  approves the expansion and designates the area to be affected by
   1-37  the expansion.  For a new or expanded enhanced recovery project for
   1-38  which an application for approval under this section is filed with
   1-39  the commission on or after January 1, 1994, severance tax for all
   1-40  oil produced during the period from January 1, 1994, through
   1-41  August 31, 1995, to which the recovered tax rate is applicable,
   1-42  must be paid when due at the rate provided by Section 202.052(a) of
   1-43  this code.  On or after January 1, 1996, the payor may apply to the
   1-44  comptroller for and shall be entitled to receive a tax credit equal
   1-45  to the difference between the tax paid and the tax which would have
   1-46  been due at the recovered oil tax rate for all production to which
   1-47  the recovered tax rate is applicable during the period from
   1-48  January 1, 1994, through August 31, 1995.  The tax credit may be
   1-49  applied to either oil or gas severance taxes regardless of the
   1-50  field from which the production originates.  The operator of a
   1-51  proposed project or a proposed expansion may apply to the
   1-52  commission for approval of the project or expansion under this
   1-53  section.  The commission may require an applicant to provide the
   1-54  commission with any relevant information required to administer
   1-55  this section.  If approval by the commission of a unitization
   1-56  agreement under Subchapter B, Chapter 101, Natural Resources Code,
   1-57  is required for purposes of carrying out the project or expansion,
   1-58  the commission may not approve the project or expansion unless it
   1-59  approves the unitization agreement.  A person may apply for
   1-60  approval of a proposed enhanced recovery project or a proposed
   1-61  expansion under this subsection concurrently with an application
   1-62  for approval of a unitization agreement for purposes of carrying
   1-63  out the enhanced recovery project or expansion under Section
   1-64  101.011, Natural Resources Code, or with an application for
   1-65  certification of the project or expansion as a tertiary recovery
   1-66  project for purposes of Section 4993, Internal Revenue Code of
   1-67  1986, or may make a separate application for approval.
   1-68        SECTION 2.  Subsection (c), Section 202.054, Tax Code, is
    2-1  amended to read as follows:
    2-2        (c)  This section applies to an enhanced recovery project
    2-3  that begins active operation on or after September 1, 1989, and to
    2-4  an expansion that the commission approves on or after September 1,
    2-5  1991. An application for approval under this section must be filed
    2-6  on or after September 1, 1989, and before January 1, 1998 <1994>,
    2-7  for a new enhanced recovery project.  An application for approval
    2-8  under this section must be filed on or after September 1, 1991, and
    2-9  before January 1, 1998 <1994>, for an expansion of an existing
   2-10  enhanced recovery project.  A project may not qualify as an
   2-11  expansion if the project has qualified as a new enhanced recovery
   2-12  project under this section.  An application may be filed on or
   2-13  after September 1, 1989, even if a separate application for
   2-14  approval of the project or expansion has already been filed under
   2-15  Subchapter B, Chapter 101, Natural Resources Code, or for approval
   2-16  as a tertiary recovery project for purposes of Section 4993,
   2-17  Internal Revenue Code of 1986, if the operation of a new project or
   2-18  the expansion of an existing project does not begin before the
   2-19  application for approval under this section is approved by the
   2-20  commission.
   2-21        SECTION 3.  This Act takes effect January 1, 1994.
   2-22        SECTION 4.  The importance of this legislation and the
   2-23  crowded condition of the calendars in both houses create an
   2-24  emergency and an imperative public necessity that the
   2-25  constitutional rule requiring bills to be read on three several
   2-26  days in each house be suspended, and this rule is hereby suspended.
   2-27                               * * * * *
   2-28                                                         Austin,
   2-29  Texas
   2-30                                                         May 5, 1993
   2-31  Hon. Bob Bullock
   2-32  President of the Senate
   2-33  Sir:
   2-34  We, your Committee on State Affairs to which was referred S.B. No.
   2-35  466, have had the same under consideration, and I am instructed to
   2-36  report it back to the Senate with the recommendation that it do not
   2-37  pass, but that the Committee Substitute adopted in lieu thereof do
   2-38  pass and be printed.
   2-39                                                         Harris of
   2-40  Dallas, Chairman
   2-41                               * * * * *
   2-42                               WITNESSES
   2-43                                                  FOR   AGAINST  ON
   2-44  ___________________________________________________________________
   2-45  Name:  Dean Bears                                x
   2-46  Representing:  Texaco Exploration & Productio
   2-47  City:  Midland
   2-48  -------------------------------------------------------------------
   2-49  Name:  Eileen Campbell                           x
   2-50  Representing:  Marahon Oil Company
   2-51  City:  Houston
   2-52  -------------------------------------------------------------------
   2-53  Name:  Steve Perry                               x
   2-54  Representing:  Texaco
   2-55  City:  Austin
   2-56  -------------------------------------------------------------------
   2-57  Name:  Benjamin Sebree                           x
   2-58  Representing:  Tx Midcontinent Oil & Gas Assoc.
   2-59  City:  Austin
   2-60  -------------------------------------------------------------------
   2-61                                                  FOR   AGAINST  ON
   2-62  ___________________________________________________________________
   2-63  Name:  Jack Erskime                              x
   2-64  Representing:  AMOCO Corp
   2-65  City:  Austin
   2-66  -------------------------------------------------------------------
   2-67  Name:  Dees Allan                                x
   2-68  Representing:  Texaco E & P Inc.
   2-69  City:  Midland
   2-70  -------------------------------------------------------------------
    3-1  Name:  David Garlick                             x
    3-2  Representing:  Railroad Commission
    3-3  City:  Austin
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