By:  Bivins                                            S.B. No. 733
       73R1867 CBH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the taxation of certain natural resources.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subtitle I, Title 2, Tax Code, is amended by
    1-5  adding Chapter 204 to read as follows:
    1-6                    CHAPTER 204.  COAL AND LIGNITE
    1-7                      SUBCHAPTER A.  TAX IMPOSED
    1-8        Sec. 204.001.  Definitions.  In this chapter:
    1-9              (1)  "Coal" includes lignite.
   1-10              (2)  "Lignite" means coal commonly referred to as brown
   1-11  coal, of intermediate grade between peat and bituminous coal, in
   1-12  which the texture of the original wood is distinct.
   1-13              (3)  "Producer" means a person who owns, controls,
   1-14  manages, leases, or operates a lignite or coal mine or produces
   1-15  lignite or coal by gasification or other in situ process or any
   1-16  other method, system, or manner.
   1-17        Sec. 204.002.  TAX IMPOSED.  A tax is imposed on each
   1-18  producer of coal.
   1-19        Sec. 204.003.  Rate of Tax.  The tax imposed by this chapter
   1-20  is at a rate of 4.6 percent of the market value of the coal
   1-21  produced in this state at the time the coal is removed from the
   1-22  premises of the producer.
   1-23        Sec. 204.004.  Market Value.  The market value of coal
   1-24  subject to the tax imposed by this chapter is the greater of:
    2-1              (1)  the sales price of the coal produced less a
    2-2  reasonable deduction for the cost of transportation from the place
    2-3  of production to the place of sale or delivery or the nearest
    2-4  available commercial market, but only to the extent the
    2-5  transportation cost is included in the sales price; or
    2-6              (2)  the trading price of coal of the same quality at a
    2-7  commercial market or exchange as reported by a newspaper or journal
    2-8  of general circulation in the United States, as prescribed by the
    2-9  comptroller.
   2-10           (Sections 204.005-204.050 reserved for expansion
   2-11             SUBCHAPTER B.  RECORDS, PAYMENTS, AND REPORTS
   2-12        Sec. 204.051.  Producer's Records.  (a)  A producer shall
   2-13  keep a complete record of the production, transportation, storage,
   2-14  and sale of all coal that the producer produces in this state.  A
   2-15  producer is not required to keep a record required by this section
   2-16  four years after the last entry in the record.
   2-17        (b)  The record shall be open at all times to inspection by
   2-18  the comptroller and the attorney general.
   2-19        Sec. 204.052.  Producer's Reports.  (a)  On the last day of
   2-20  each January, April, July, and October each producer shall file a
   2-21  report with the comptroller on forms prescribed by the comptroller.
   2-22  The report must show the total amount of coal produced in the state
   2-23  by the person during the calendar quarter next preceding the day
   2-24  the report is due, the total amount of all sales of coal for that
   2-25  period, and the market value of all coal sold during that period.
   2-26        (b)  A producer shall file other information or reports with
   2-27  the comptroller that the comptroller requires.
    3-1        (c)  The report shall be signed by the person making the
    3-2  report.  If the person is not an individual, the report shall be
    3-3  signed by the president, secretary, or other authorized officer.
    3-4        Sec. 204.053.  TAX DUE.  The tax imposed by this chapter for
    3-5  each quarter is due at the time that the report required by Section
    3-6  204.052 is required to be filed for the quarter.  Payment shall be
    3-7  to the comptroller.
    3-8           (Sections 204.054-204.100 reserved for expansion
    3-9               SUBCHAPTER C.  ENFORCEMENT AND PENALTIES
   3-10        Sec. 204.101.  Delinquent Tax Penalty.  (a)  A producer who
   3-11  fails to file a report as required by this chapter or who fails to
   3-12  pay the tax imposed by this chapter when due forfeits five percent
   3-13  of the amount due as a penalty, and if the producer fails to file
   3-14  the report or pay the tax on or before the 30th day after the date
   3-15  on which the tax or report is due, the producer forfeits an
   3-16  additional five percent.
   3-17        (b)  The minimum penalty under this section is $10.
   3-18        (c)  The attorney general, or a district or county attorney
   3-19  at the direction of the attorney general, shall bring suit in the
   3-20  name of the state to recover a delinquent tax imposed by this
   3-21  chapter and penalties and interest that have accrued from failure
   3-22  to pay the tax.
   3-23        Sec. 204.102.  Failure to Keep Records; Penalty.  (a)  A
   3-24  person who fails to keep a record that the person is required by
   3-25  this chapter to keep shall forfeit to the state a penalty of not
   3-26  less than $500 nor more than $5,000.
   3-27        (b)  A person is subject to a separate penalty for each 10
    4-1  days that the person fails to keep a record that the person is
    4-2  required by this chapter to keep.
    4-3           (Sections 204.103-204.150 reserved for expansion
    4-4                 SUBCHAPTER D.  CLASSIFICATION OF TAX
    4-5                       AND ALLOCATION OF REVENUE
    4-6        Sec. 204.151.  OCCUPATION TAX.  The tax imposed by this
    4-7  chapter is an occupation tax.
    4-8        Sec. 204.152.  TAX SET ASIDE.  One-half of one percent of the
    4-9  tax collected under this chapter shall be deposited in the state
   4-10  treasury for the use of the comptroller to administer and enforce
   4-11  the provisions of this chapter, to be expended in the amounts and
   4-12  for the purposes prescribed by the General Appropriations Act.
   4-13  Money deposited under this section that is not spent at the end of
   4-14  a fiscal year reverts proportionally to the other funds to which
   4-15  the tax imposed by this chapter is paid.
   4-16        Sec. 204.153.  ALLOCATION OF REVENUE.  After deducting the
   4-17  amount required to be deposited by Section 204.152, the comptroller
   4-18  shall deposit one-fourth of the revenue collected from the tax
   4-19  imposed by this chapter to the credit of the foundation school fund
   4-20  and three-fourths to the general revenue fund.
   4-21        SECTION 2.  Section 201.052(a), Tax Code, is amended to read
   4-22  as follows:
   4-23        (a)  The tax imposed by this chapter is at the rate of 4.6
   4-24  <7.5> percent of the market value of gas produced and saved in this
   4-25  state by the producer.
   4-26        SECTION 3.  (a)  Chapter 204, Tax Code, as added by this Act,
   4-27  takes effect January 1, 1994.
    5-1        (b)  Section 2 of this Act takes effect September 1, 1993,
    5-2  and applies to gas produced and saved on or after that date.  The
    5-3  change in law made by Section 2 of this Act does not affect tax
    5-4  liability accruing before the effective date of that section.  That
    5-5  liability continues in effect as if that section had not been
    5-6  enacted, and the former law is continued in effect for the
    5-7  collection of taxes due and for civil and criminal enforcement of
    5-8  the liability for those taxes.
    5-9        SECTION 4.  The importance of this legislation and the
   5-10  crowded condition of the calendars in both houses create an
   5-11  emergency   and   an   imperative   public   necessity   that   the
   5-12  constitutional rule requiring bills to be read on three several
   5-13  days in each house be suspended, and this rule is hereby suspended.