By: Bivins S.B. No. 734
73R2812 JD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the appraisal of oil and gas properties for ad valorem
1-3 tax purposes.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 23, Tax Code, is amended by
1-6 adding Section 23.14 to read as follows:
1-7 Sec. 23.14. OIL AND GAS MINERAL PROPERTIES. (a) The
1-8 comptroller by rule shall develop and distribute to each appraisal
1-9 office appraisal manuals that specify the methods to apply and the
1-10 procedures to use in appraising oil and gas properties.
1-11 (b) Each appraisal office shall use the methods and
1-12 procedures specified by the appraisal manuals developed under this
1-13 section in appraising oil and gas properties.
1-14 (c) Appraisal manuals developed by the comptroller under
1-15 this section shall:
1-16 (1) require that a fixed price of oil or gas be used
1-17 in making an appraisal that is equal to the average price of the
1-18 oil or gas from the property being appraised during the preceding
1-19 12 months, or from comparable properties if there has been no
1-20 production from that property during that period;
1-21 (2) require that actual costs of drilling, developing,
1-22 and operating the property incurred during the year be used in
1-23 appraising the property, or the costs of drilling, developing, and
1-24 operating comparable properties if actual costs are not available;
2-1 (3) allow a charge for indirect expenses associated
2-2 with drilling, developing, and operating the property in an amount
2-3 not to exceed 75 percent of the uniform accounting limits; and
2-4 (4) require that a fixed amount for expenses be used,
2-5 equal to actual expenses relating to the property being appraised
2-6 during the preceding 12 months, or from comparable properties if
2-7 actual expenses are not available, and treat all expenses as
2-8 constant throughout the tax year for purposes of projecting the
2-9 value of a well.
2-10 SECTION 2. This Act takes effect January 1, 1994, and
2-11 applies only to the appraisal of property for taxes imposed in 1994
2-12 and subsequent years.
2-13 SECTION 3. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended.