By Counts, Craddick                                    H.B. No. 398
          Substitute the following for H.B. No. 398:
          By Craddick                                        C.S.H.B. No. 398
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the temporary exemption of certain high-cost gas from
    1-3  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.  Ten Year Exemption of Certain High-Cost Gas.
    1-8  (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 and 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 an 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 the reservoir pressure to recover entrained hydrocarbons
   2-19  from the reservoir that would not be produced by convention primary
   2-20  or 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 by 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, 2006, <1996, is exempt from the tax
    3-4  imposed by this chapter during the period beginning September 1,
    3-5  1991, and ending August 31, 2001,>  is exempt from the tax imposed
    3-6  by this chapter for the first 120 consecutive calendar months
    3-7  beginning on the first day of production, except that the 120
    3-8  consecutive month period can begin no earlier than September 1,
    3-9  1991.  Taxes must be paid when due at the rate provided in Section
   3-10  201.052(a) of this code on all high-cost gas as defined in
   3-11  Subsection (a)(2)(A) of this section, for wells spudded or
   3-12  completed between September 1, 1996 and August 31, 1997.  On or
   3-13  after September 1, 1997, the operator of a well that was spudded or
   3-14  completed and which produced high-cost gas between September 1,
   3-15  1996 and August 31, 1997, may apply to the comptroller for a refund
   3-16  and shall be entitled to receive a refund of all taxes paid on
   3-17  high-cost gas produced during such period.  Wells spudded or
   3-18  completed between September 1, 1996 and August 31, 1997, shall also
   3-19  be exempt from the tax imposed by this chapter for a 120
   3-20  consecutive calendar month period as provided for other wells
   3-21  qualifying under this section.  The time period for which an
   3-22  operator is entitled to a refund under this section shall be
   3-23  included for purposes of the calculation of this 120 month period.
   3-24  The period of exemption and refund entitlement for any qualifying
   3-25  well shall not exceed 120 consecutive calendar months.  High-cost
    4-1  gas as defined in Subsection (a)(2)(B) of this section produced
    4-2  from any well regardless of spud date or completion date is
    4-3  eligible for refunds of tax paid and exemption from tax imposed by
    4-4  this chapter for production occurring during the period beginning
    4-5  the first day of the month after commission approval of a
    4-6  co-production project and ending August 31, 2001; provided,
    4-7  however, in the event co-production ceases, the exemption shall
    4-8  also cease on the first day of the first calendar month that begins
    4-9  on or after the 91st day following the date of termination or
   4-10  co-production operations.  Tax must be paid when due at the rate
   4-11  provided in Section 201.052 of this code for all high-cost gas, as
   4-12  defined in Subsection (a)(2)(B) of this section produced on or
   4-13  before July 31, 1995.  On or after September 1, 1995, the operator
   4-14  may apply to the comptroller for a refund and shall be entitled to
   4-15  receive a refund on all taxes paid on such high-cost gas produced
   4-16  on or after the first day of the calendar month after commission
   4-17  approval of the co-production project from which such gas was
   4-18  produced and that is otherwise eligible for the tax exemption.
   4-19        (c)  The operator of a proposed or existing gas well,
   4-20  including a gas well that has not been completed, or the operator
   4-21  of any proposed or existing oil or gas well within a commission
   4-22  approved co-production project, may apply to the commission for
   4-23  certification that the well produces or will produce high-cost gas.
   4-24  Such application, if seeking certification as high-cost gas
   4-25  according to subsection (a)(2)(A) of this section, must be made in
    5-1  writing no later than August 31, 2006.  The application may be made
    5-2  but is not required to be made concurrently with a request for a
    5-3  determination that gas produced from the well is to be made
    5-4  concurrently with a request for a determination that gas produced
    5-5  from the well is high-cost natural gas for purposes of the Natural
    5-6  Gas Policy Act of 1978 (15 U.S.C.  Section 3301 et seq.) or with a
    5-7  request for commission approval for a co-production project.  The
    5-8  commission may require an applicant to provide the commission with
    5-9  any relevant information required to administer this section.  For
   5-10  the purposes of this section, a determination that gas is high-cost
   5-11  natural gas according to subsection (a)(2)(A) of this section <for
   5-12  purposes of the Natural Gas Policy Act of 1978 made according to
   5-13  the definition of high-cost natural gas provided by Section 107,
   5-14  Natural Gas Policy Act of 1978 (15 U.S.C. Section 3317) as that
   5-15  section exists on January 1, 1989>, or a determination that gas is
   5-16  produced from within a commission approved co-production project is
   5-17  a certification that the gas is high-cost gas for purposes of this
   5-18  section, and in that event additional certification is not required
   5-19  to qualify for the exemption provided by this section.
   5-20        (d)  To qualify for the exemption provided by this section,
   5-21  the person responsible for paying the tax must apply to the
   5-22  comptroller.  The application must contain the certification of the
   5-23  commission that the well produces high-cost gas.  An application to
   5-24  the comptroller for certification according to subsection (a)(2)(A)
   5-25  of this section may not be filed after December 31, 2007.  An
    6-1  application to the comptroller for certification according to
    6-2  subsection (a)(2)(B) of this section may not be filed before
    6-3  January 1, 1990, or after December 31, 1998.  The comptroller shall
    6-4  approve the application of a person who demonstrates that the gas
    6-5  is eligible for the exemption.  The comptroller may require a
    6-6  person applying for the exemption to provide any relevant
    6-7  information in the person's monthly report that the comptroller
    6-8  considers necessary to administer this section.  The commission
    6-9  shall notify the comptroller in writing immediately if it
   6-10  determines that an oil or gas well previously certified as
   6-11  producing high-cost gas does not produce high-cost gas or if it
   6-12  takes any action or discovers any information that affects the
   6-13  eligibility of gas for an exemption under this section.
   6-14        (e)  If, before the commission certifies that a well produces
   6-15  high-cost gas or before the comptroller approves an application for
   6-16  an exemption under this section, the tax imposed by this chapter is
   6-17  paid on high-cost gas that otherwise qualifies for the exemption
   6-18  provided by this section, the producer or producers of the gas are
   6-19  entitled to a credit against other taxes imposed by this chapter in
   6-20  an amount equal to the amount of the tax paid on the gas that
   6-21  otherwise qualified for the exemption on or after the first day of
   6-22  the next month after the month in which the application for
   6-23  certification under this section was filed with the commission.
   6-24  The credit is allocated to each producer according to the
   6-25  producer's proportionate share in the gas.  To receive a credit,
    7-1  one or more of the producers must apply to the comptroller for the
    7-2  credit not later than the first anniversary after the date the
    7-3  comptroller approves the application for an exemption under this
    7-4  section.  If a producer demonstrates that the producer does not
    7-5  have sufficient tax liability under this chapter to claim the
    7-6  credit within five years from the date the application for the
    7-7  credit is made, the producer is entitled to a refund in the amount
    7-8  of any credit the comptroller determines may not be claimed within
    7-9  that five years.  Nothing in this subsection shall relieve the
   7-10  obligation imposed by Subsection (b) to pay tax when due on
   7-11  high-cost gas produced from co-production projects on or before
   7-12  July 31, 1995.
   7-13        (f)  An applicant for commission approval of a co-production
   7-14  project shall submit a written application for approval to the
   7-15  commission.  Such application must be filed before January 1, 1994.
   7-16  The applicant shall provide the commission with any relevant
   7-17  information required to administer this section, including evidence
   7-18  demonstrating that the reservoir is eligible for the designation
   7-19  and demonstrating the minimum volumes of high-volume water
   7-20  withdrawal required to recover oil and/or gas from the reservoir
   7-21  that would not be produced by conventional production methods.  A
   7-22  commission representative may administratively approve the
   7-23  application.  If the commission representative denies
   7-24  administrative approval, the applicant shall have the right to a
   7-25  hearing upon the request.
    8-1        SECTION 2.  This act takes effect September 1, 1995.
    8-2        SECTION 3.  The importance of this legislation and the
    8-3  crowded condition of the calendars in both houses create an
    8-4  emergency and an imperative public necessity that the
    8-5  constitutional rule requiring bills to be read on three several
    8-6  days in each house be suspended, and this rule is hereby suspended.