H.B. No. 398
    1-1                                AN ACT
    1-2  relating to the eligibility of certain high-cost gas for a
    1-3  reduction of the gas production tax.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 201.057, Tax Code, is amended to read as
    1-6  follows:
    1-7        Sec. 201.057.  TEMPORARY EXEMPTION OR TAX REDUCTION FOR <OF>
    1-8  CERTAIN HIGH-COST GAS.  (a)  In this section:
    1-9              (1)  "Commission" means the Railroad Commission of
   1-10  Texas.
   1-11              (2)  "High-cost gas" means:
   1-12                    (A)  high-cost natural gas as described by
   1-13  Section 107, Natural Gas Policy Act of 1978 (15 U.S.C. Section
   1-14  3317), as that section exists on January 1, 1989, without regard to
   1-15  whether that section is in effect or whether a determination has
   1-16  been made that the gas is high-cost natural gas for purposes of
   1-17  that Act; or
   1-18                    (B)  all gas produced from oil wells or gas wells
   1-19  within a commission approved co-production project.
   1-20              (3)  "Commission approved co-production project" means
   1-21  a reservoir development project in which the commission has
   1-22  recognized that water withdrawals from an oil or gas reservoir in
   1-23  excess of specified minimum volumes will result in recovery of
    2-1  additional oil and/or gas from the reservoir that would not be
    2-2  produced by conventional production methods and where operators of
    2-3  wells completed in the reservoir have begun to implement commission
    2-4  requirements to withdraw such volumes of water and dispose of such
    2-5  water outside the subject reservoir.  Reservoirs potentially
    2-6  eligible for this designation shall be limited to those reservoirs
    2-7  in which oil and/or gas has been bypassed by water encroachment
    2-8  caused by production from the reservoir and such bypassed oil
    2-9  and/or gas may be produced as a result of reservoir-wide
   2-10  high-volume water withdrawals of natural formation water.
   2-11              (4)  "High-volume water withdrawals" means the
   2-12  withdrawal of water from a reservoir in an amount sufficient to
   2-13  dewater portions of the reservoir containing oil and/or gas
   2-14  previously bypassed by water encroachment.
   2-15              (5)  "Co-production" means the permanent removal of
   2-16  water from an oil and/or gas reservoir in an effort to lower the
   2-17  gas-water contact or oil-water contact in the reservoir or to
   2-18  reduce reservoir pressure to recover entrained hydrocarbons from
   2-19  the reservoir that would not be produced by conventional primary or
   2-20  secondary production methods.
   2-21              (6)  "Operator" means the person responsible for the
   2-22  actual physical operation of an oil or gas well.
   2-23              (7)  "Consecutive months" means months in consecutive
   2-24  order, regardless of whether or not a well produces oil or gas
   2-25  during any or all such months.
    3-1        (b)  High-cost gas as defined in Subsection (a)(2)(A) of this
    3-2  section produced from a well that is spudded or completed between
    3-3  May 24, 1989, and September 1, 1996, is exempt from the tax imposed
    3-4  by this chapter during the period beginning September 1, 1991, and
    3-5  ending August 31, 2001.  High-cost gas as defined in Subsection
    3-6  (a)(2)(B) of this section produced from any well regardless of spud
    3-7  date or completion date is eligible for refunds of tax paid and
    3-8  exemption from the tax imposed by this chapter for production
    3-9  occurring during the period beginning the first day of the month
   3-10  after commission approval of a co-production project and ending
   3-11  August 31, 2001; provided, however, in the event co-production
   3-12  ceases, the exemption shall also cease on the first day of the
   3-13  first calendar month that begins on or after the 91st day following
   3-14  the date of termination or co-production operations.  Tax must be
   3-15  paid when due at the rate provided in Section 201.052 of this code
   3-16  for all high-cost gas, as defined in Subsection (a)(2)(B) of this
   3-17  section, produced on or before July 31, 1995.  On or after
   3-18  September 1, 1995, the operator may apply to the comptroller for a
   3-19  refund and shall be entitled to receive a refund of all taxes paid
   3-20  on such high-cost gas produced on or after the first day of the
   3-21  calendar month after commission approval of the co-production
   3-22  project from which such gas was produced and that is otherwise
   3-23  eligible for the tax exemption.
   3-24        (c)  High-cost gas as defined in Subsection (a)(2)(A)
   3-25  produced from a well that is spudded or completed after August 31,
    4-1  1996, and before September 1, 2002, is entitled to a reduction of
    4-2  the tax imposed by this chapter for the first 120 consecutive
    4-3  calendar months beginning on the first day of production, or until
    4-4  the cumulative value of the tax reduction equals 50 percent of the
    4-5  drilling and completion costs incurred for the well, whichever
    4-6  occurs first.  The amount of tax reduction shall be computed by
    4-7  subtracting from the tax rate imposed by Section 201.052 the
    4-8  product of that tax rate times the ratio of drilling and completion
    4-9  costs incurred for the well to twice the median drilling and
   4-10  completion costs for high-cost wells as defined in Subsection
   4-11  (a)(2)(A) spudded or completed during the previous state fiscal
   4-12  year, except that the effective rate of tax may not be reduced
   4-13  below zero.
   4-14        (d)  Taxes must be paid when due at the rate provided in
   4-15  Section 201.052 of this code on all high-cost gas, as defined in
   4-16  Subsection (a)(2)(A) of this section, for wells spudded or
   4-17  completed between September 1, 1996, and August 31, 1997.  On or
   4-18  after September 1, 1997, the operator of a well that was spudded or
   4-19  completed and that produced high-cost gas between September 1,
   4-20  1996, and August 31, 1997, may apply to the comptroller for a
   4-21  refund and shall be entitled to receive a refund of taxes paid in
   4-22  excess of the taxes that would have been due if calculated under
   4-23  Subsection (c).  Wells spudded or completed between September 1,
   4-24  1996, and August 31, 1997, shall also be eligible for the reduced
   4-25  tax under this section for a 120-consecutive-calendar-month period
    5-1  as provided for other wells qualifying under this section.  The
    5-2  time period for which an operator is entitled to a refund under
    5-3  this section shall be included for purposes of the calculation of
    5-4  this 120-month period.  The period of entitlement for reduced
    5-5  taxation and refund for any qualifying well shall not exceed 120
    5-6  consecutive calendar months.
    5-7        (e)  The operator of a proposed or existing gas well,
    5-8  including a gas well that has not been completed, or the operator
    5-9  of any proposed or existing oil or gas well within a commission
   5-10  approved co-production project, may apply to the commission for
   5-11  certification that the well produces or will produce high-cost gas.
   5-12  Such application, if seeking certification as high-cost gas
   5-13  according to Subsection (a)(2)(A), must be made in writing no later
   5-14  than the 180th day after the first day of production.  The
   5-15  application may be made but is not required to be made concurrently
   5-16  with a request for a determination that gas produced from the well
   5-17  is high-cost natural gas for purposes of the Natural Gas Policy Act
   5-18  of 1978 (15 U.S.C.  Section 3301 et seq.) or with a request for
   5-19  commission approval of a co-production project.  The commission may
   5-20  require an applicant to provide the commission with any relevant
   5-21  information required to administer this section.  For purposes of
   5-22  this section, a determination that gas is high-cost natural gas
   5-23  according to Subsection (a)(2)(A) <for purposes of the Natural Gas
   5-24  Policy Act of 1978 made according to the definition of high-cost
   5-25  natural gas provided by Section 107, Natural Gas Policy Act of 1978
    6-1  (15 U.S.C. Section 3317), as that section exists on January 1,
    6-2  1989,> or a determination that gas is produced from within a
    6-3  commission approved co-production project is a certification that
    6-4  the gas is high-cost gas for purposes of this section, and in that
    6-5  event additional certification is not required to qualify for the
    6-6  exemption or tax reduction provided by this section.
    6-7        (f) <(d)>  To qualify for the exemption or tax reduction
    6-8  provided by this section, the person responsible for paying the tax
    6-9  must apply to the comptroller.  The application must contain the
   6-10  certification of the commission that the well produces high-cost
   6-11  gas and, if the application is for a well spudded or completed
   6-12  after September 1, 1995, must contain a report of drilling and
   6-13  completion costs incurred for each well on a form and in the detail
   6-14  as determined by the comptroller.  An application to the
   6-15  comptroller for certification according to Subsection (a)(2)(A) may
   6-16  not be filed after the 180th day after the first day of production.
   6-17  An application to the comptroller for certification according to
   6-18  Subsection (a)(2)(B) may not be filed before January 1, 1990, or
   6-19  after December 31, 1998.  The comptroller shall approve the
   6-20  application of a person who demonstrates that the gas is eligible
   6-21  for the exemption or tax reduction.  The comptroller may require a
   6-22  person applying for the exemption or tax reduction to provide any
   6-23  relevant information in the person's monthly report that the
   6-24  comptroller considers necessary to administer this section.  The
   6-25  commission shall notify the comptroller in writing immediately if
    7-1  it determines that an oil or gas well previously certified as
    7-2  producing high-cost gas does not produce high-cost gas or if it
    7-3  takes any action or discovers any information that affects the
    7-4  eligibility of gas for an exemption or tax reduction under this
    7-5  section.
    7-6        (g)  As soon as practicable after March 1 of each year, the
    7-7  comptroller shall determine from reports containing drilling and
    7-8  completion cost data as required on applications to the comptroller
    7-9  under Subsection (f), the median drilling and completion cost for
   7-10  all high-cost wells as defined in Subsection (a)(2)(A) for which
   7-11  application for exemption or reduced tax was made during the
   7-12  previous state fiscal year.  Those median drilling and completion
   7-13  costs shall be used to compute the reduced tax under Subsection
   7-14  (c).
   7-15        (h)  Information regarding drilling and completion costs
   7-16  included on an application under Subsection (f) is confidential and
   7-17  may not be disclosed, except to the extent aggregated with other
   7-18  similar information to produce industry averages.  Unauthorized
   7-19  disclosure is an offense subject to the same penalty as provided by
   7-20  Section 111.007 for unauthorized disclosure of federal tax return
   7-21  information.
   7-22        (i) <(e)>  If, before the commission certifies that a well
   7-23  produces high-cost gas or before the comptroller approves an
   7-24  application for an exemption or tax reduction under this section,
   7-25  the tax imposed by this chapter is paid on high-cost gas that
    8-1  otherwise qualifies for the exemption or tax reduction provided by
    8-2  this section, the producer or producers of the gas are entitled to
    8-3  a credit against other taxes imposed by this chapter in an amount
    8-4  equal to the amount of the tax paid on the gas that otherwise
    8-5  qualified for the exemption or tax reduction on or after the first
    8-6  day of the next month after the month in which the application for
    8-7  certification under this section was filed with the commission.
    8-8  The credit is allocated to each producer according to the
    8-9  producer's proportionate share in the gas.  To receive a credit,
   8-10  one or more of the producers must apply to the comptroller for the
   8-11  credit not later than the first anniversary after the date the
   8-12  comptroller approves the application for an exemption or tax
   8-13  reduction under this section.  If a producer demonstrates that the
   8-14  producer does not have sufficient tax liability under this chapter
   8-15  to claim the credit within five years from the date the application
   8-16  for the credit is made, the producer is entitled to a refund in the
   8-17  amount of any credit the comptroller determines may not be claimed
   8-18  within that five years.  Nothing in this subsection shall relieve
   8-19  the obligation imposed by Subsection (b) to pay tax when due on
   8-20  high-cost gas produced from co-production projects on or before
   8-21  July 31, 1995.
   8-22        (j) <(f)>  An applicant for commission approval of a
   8-23  co-production project shall submit a written application for
   8-24  approval to the commission.  Such application must be filed before
   8-25  January 1, 1994.  The applicant shall provide the commission with
    9-1  any relevant information required to administer this section,
    9-2  including evidence demonstrating that the reservoir is eligible for
    9-3  the designation and demonstrating the minimum volumes of
    9-4  high-volume water withdrawal required to recover oil and/or gas
    9-5  from the reservoir that would not be produced by conventional
    9-6  production methods.  A commission representative may
    9-7  administratively approve the application.  If the commission
    9-8  representative denies administrative approval, the applicant shall
    9-9  have the right to a hearing upon the request.
   9-10        SECTION 2.  (a)  The Railroad Commission of Texas shall file
   9-11  with the Legislative Budget Board such information as the
   9-12  Legislative Budget Board may request to assess the impact of the
   9-13  exemption or tax reduction authorized by this Act, including:
   9-14              (1)  the number of approved applications;
   9-15              (2)  the level of drilling activity;
   9-16              (3)  natural gas production; and
   9-17              (4)  any other related information and projections as
   9-18  requested by the Legislative Budget Board.
   9-19        (b)  Reports required by this section shall be filed for the
   9-20  following time periods no later than the date indicated:
   9-21              (1)  for the period beginning September 1, 1996,
   9-22  through August 31, 1997, the report shall be filed no later than
   9-23  November 1, 1997; and
   9-24              (2)  for the period beginning September 1, 1996,
   9-25  through February 28, 1997, the report shall be filed no later than
   10-1  April 1, 1997.
   10-2        (c)  The Railroad Commission of Texas shall, if requested by
   10-3  the Legislative Budget Board, provide quarterly reports containing
   10-4  the information required by Subsection (a) of this section.
   10-5        SECTION 3.  This Act takes effect September 1, 1995.
   10-6        SECTION 4.  The importance of this legislation and the
   10-7  crowded condition of the calendars in both houses create an
   10-8  emergency and an imperative public necessity that the
   10-9  constitutional rule requiring bills to be read on three several
  10-10  days in each house be suspended, and this rule is hereby suspended.