By:  Carriker                                          S.B. No. 845
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to tax exemption for oil and gas wells returned to
    1-2  productive status after three years or inactivity.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 202.052, Tax Code, is amended by adding
    1-5  subsection (c) to read as follows:
    1-6        Sec. 202.052.  Rate of Tax.  (a)  The tax imposed by this
    1-7  chapter is at the rate of 4.6 percent of the market value of oil
    1-8  produced in this state or 4.6 cents for each barrel of 42 standard
    1-9  gallons of oil produced in this state, whichever rate results in
   1-10  the greater amount of tax.
   1-11        (b)  For oil produced in this state from a new or expanded
   1-12  enhanced recovery project that qualifies under Section 202.054 of
   1-13  this code, the rate of the tax imposed by this chapter is 2.3
   1-14  percent of the market value of the oil.
   1-15        (c)  For oil produced in this state from a well that
   1-16  qualifies under Section 202.056 of this code, the rate of tax
   1-17  imposed by this chapter shall be reduced to zero.
   1-18        SECTION 2.  Section 201.053, Tax Code, is amended by adding
   1-19  subsection (4) to read as follows:
   1-20        Sec. 201.053.  Gas Not Taxed.  The tax imposed by this
   1-21  chapter does not apply to gas:
   1-22              (1)  injected into the earth in this state, unless sold
   1-23  for that purpose;
    2-1              (2)  produced from oil wells with oil and lawfully
    2-2  vented or flared; <or>
    2-3              (3)  used for lifting oil, unless sold for that
    2-4  purpose<.>; or
    2-5              (4)  produced in this state from a well that qualifies
    2-6  under Section 202.056 of this code.
    2-7        SECTION 3.  Subchapter B, Chapter 202, Tax Code, is amended
    2-8  by adding Section 202.056 to read as follows:
    2-9        Sec. 202.056.  EXEMPTION FOR OIL AND GAS FROM WELLS
   2-10  PREVIOUSLY INACTIVE
   2-11        (a)  In this section:
   2-12              (1)  "Commission" means the Railroad Commission of
   2-13  Texas.
   2-14              (2)  "Hydrocarbons" means any oil or gas produced from
   2-15  a well.
   2-16              (3)  "Three-year inactive well" means any well that is
   2-17  inactive on September 1, 1993, and for three consecutive years.
   2-18        (b)  Hydrocarbons produced from a well qualify for a 10 year
   2-19  severance tax exemption if the commission designates the well as a
   2-20  three-year inactive well.  The commission may a designate a well
   2-21  without an application, or an application may be made to the
   2-22  commission for approval under this section.  The commission may
   2-23  require an applicant to provide the commission with any relevant
   2-24  information required to administer this section.  The commission
   2-25  may require additional well tests to determine well capability as
    3-1  it deems necessary.  The commission shall notify the comptroller in
    3-2  writing immediately if it determines that the operation of the
    3-3  three-year inactive well has been terminated or if it discovers any
    3-4  information that affects the taxation of the production from the
    3-5  designated well.
    3-6        (c)  If the commission designates a three-year inactive well
    3-7  under this section, it shall issue a certificate designating the
    3-8  well as a three-year inactive well as defined by subsection (a)(3)
    3-9  of this section.
   3-10        (d)  An application for three-year inactive well
   3-11  certification shall be made during the period of September 1, 1993
   3-12  through August 31, 1995, to qualify for the tax exemption under
   3-13  this section.  Hydrocarbons sold after the date of certification
   3-14  are eligible for the tax exemption.
   3-15        (e)  The commission may revoke a certificate if information
   3-16  indicates that a certified well was not a three-year inactive well
   3-17  or if other lease production is credited to the certified well.
   3-18  Upon notice to the operator from the commission that the
   3-19  certificate for tax exemption under this section has been revoked,
   3-20  the tax exemption may not be applied to hydrocarbons sold from that
   3-21  well from the date of revocation.
   3-22        (f)  The commission shall adopt all necessary rules to
   3-23  administer this section.
   3-24        (g)  To qualify for the tax exemption provided by this
   3-25  section, the person responsible for paying the tax must apply to
    4-1  the comptroller.  The comptroller shall approve the application of
    4-2  a person who demonstrates that the hydrocarbon production is
    4-3  eligible for a tax exemption.  The comptroller may require a person
    4-4  applying for the tax exemption to provide any relevant information
    4-5  necessary to administer this section.  The comptroller shall have
    4-6  the power to establish procedures in order to comply with this
    4-7  section.
    4-8        (h)  If the tax is paid at the full rate provided by Sections
    4-9  201.052(a), 201.052(b), 202.052(a) or 202.052(b) of this code
   4-10  before the comptroller approves an application for an exemption
   4-11  provided for in this chapter, the operator is entitled to a credit
   4-12  against taxes imposed by this chapter in an amount equal to the tax
   4-13  paid.  To receive a credit, the operator must apply to the
   4-14  comptroller for the credit not later than the first anniversary
   4-15  after the date the commission certifies that the well is a
   4-16  three-year inactive well.
   4-17        (i)  Penalties
   4-18              (1)  Any person who makes or subscribes any
   4-19  application, report, or other document and submits it to the
   4-20  commission to form the basis for an application for a tax exemption
   4-21  under this section, knowing that the application, report, or other
   4-22  document is false or untrue in a material fact, may be subject to
   4-23  the penalties imposed by Chapters 85 and 91, Natural Resources
   4-24  Code.
   4-25              (2)  Upon notice from the commission that the
    5-1  certification for a three-year inactive well has been revoked, the
    5-2  tax credit may not be applied to oil or gas production sold after
    5-3  the date of notification.  Any person who violates this subsection
    5-4  is liable to the state for a civil penalty if the person applies or
    5-5  attempts to apply the tax exemption allowed by this chapter after
    5-6  the certification for three-year inactive well is revoked.  The
    5-7  amount of the penalty may not exceed the sum of:
    5-8                    (A)  $10,000; and
    5-9                    (B)  the difference between the amount of taxes
   5-10  paid or attempted to be paid and the amount of taxes due.
   5-11              (3)  The attorney general may recover a penalty under
   5-12  subsection (2) of this section in a suit brought on behalf of the
   5-13  state.  Venue for the suit is in Travis County.
   5-14        SECTION 4.  This Act takes effect September 1, 1993.
   5-15        SECTION 5.  EMERGENCY.  The importance of this legislation
   5-16  and the crowded condition of the calendars in both houses create an
   5-17  emergency and an imperative public necessity that the
   5-18  constitutional rule requiring bills to be read on three several
   5-19  days in each house be suspended, and this rule is hereby suspended,
   5-20  and that this Act take effect and be in force from and after its
   5-21  passage, and it is so enacted.