1-1  By:  Counts, et al. (Senate Sponsor - Lucio)           H.B. No. 398
    1-2        (In the Senate - Received from the House May 4, 1995;
    1-3  May 5, 1995, read first time and referred to Committee on Finance;
    1-4  May 19, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 8, Nays 1; May 19, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR H.B. No. 398                    By:  Lucio
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the eligibility of certain high-cost gas for a
   1-11  reduction of the gas production tax.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Section 201.057, Tax Code, is amended to read as
   1-14  follows:
   1-15        Sec. 201.057.  TEMPORARY EXEMPTION OR TAX REDUCTION FOR <OF>
   1-16  CERTAIN HIGH-COST GAS.  (a)  In this section:
   1-17              (1)  "Commission" means the Railroad Commission of
   1-18  Texas.
   1-19              (2)  "High-cost gas" means:
   1-20                    (A)  high-cost natural gas as described by
   1-21  Section 107, Natural Gas Policy Act of 1978 (15 U.S.C. Section
   1-22  3317), as that section exists on January 1, 1989, without regard to
   1-23  whether that section is in effect or whether a determination has
   1-24  been made that the gas is high-cost natural gas for purposes of
   1-25  that Act; or
   1-26                    (B)  all gas produced from oil wells or gas wells
   1-27  within a commission approved co-production project.
   1-28              (3)  "Commission approved co-production project" means
   1-29  a reservoir development project in which the commission has
   1-30  recognized that water withdrawals from an oil or gas reservoir in
   1-31  excess of specified minimum volumes will result in recovery of
   1-32  additional oil and/or gas from the reservoir that would not be
   1-33  produced by conventional production methods and where operators of
   1-34  wells completed in the reservoir have begun to implement commission
   1-35  requirements to withdraw such volumes of water and dispose of such
   1-36  water outside the subject reservoir.  Reservoirs potentially
   1-37  eligible for this designation shall be limited to those reservoirs
   1-38  in which oil and/or gas has been bypassed by water encroachment
   1-39  caused by production from the reservoir and such bypassed oil
   1-40  and/or gas may be produced as a result of reservoir-wide
   1-41  high-volume water withdrawals of natural formation water.
   1-42              (4)  "High-volume water withdrawals" means the
   1-43  withdrawal of water from a reservoir in an amount sufficient to
   1-44  dewater portions of the reservoir containing oil and/or gas
   1-45  previously bypassed by water encroachment.
   1-46              (5)  "Co-production" means the permanent removal of
   1-47  water from an oil and/or gas reservoir in an effort to lower the
   1-48  gas-water contact or oil-water contact in the reservoir or to
   1-49  reduce reservoir pressure to recover entrained hydrocarbons from
   1-50  the reservoir that would not be produced by conventional primary or
   1-51  secondary production methods.
   1-52              (6)  "Operator" means the person responsible for the
   1-53  actual physical operation of an oil or gas well.
   1-54              (7)  "Consecutive months" means months in consecutive
   1-55  order, regardless of whether or not a well produces oil or gas
   1-56  during any or all such months.
   1-57        (b)  High-cost gas as defined in Subsection (a)(2)(A) of this
   1-58  section produced from a well that is spudded or completed between
   1-59  May 24, 1989, and September 1, 1996, is exempt from the tax imposed
   1-60  by this chapter during the period beginning September 1, 1991, and
   1-61  ending August 31, 2001.  High-cost gas as defined in Subsection
   1-62  (a)(2)(B) of this section produced from any well regardless of spud
   1-63  date or completion date is eligible for refunds of tax paid and
   1-64  exemption from the tax imposed by this chapter for production
   1-65  occurring during the period beginning the first day of the month
   1-66  after commission approval of a co-production project and ending
   1-67  August 31, 2001; provided, however, in the event co-production
   1-68  ceases, the exemption shall also cease on the first day of the
    2-1  first calendar month that begins on or after the 91st day following
    2-2  the date of termination or co-production operations.  Tax must be
    2-3  paid when due at the rate provided in Section 201.052 of this code
    2-4  for all high-cost gas, as defined in Subsection (a)(2)(B) of this
    2-5  section, produced on or before July 31, 1995.  On or after
    2-6  September 1, 1995, the operator may apply to the comptroller for a
    2-7  refund and shall be entitled to receive a refund of all taxes paid
    2-8  on such high-cost gas produced on or after the first day of the
    2-9  calendar month after commission approval of the co-production
   2-10  project from which such gas was produced and that is otherwise
   2-11  eligible for the tax exemption.
   2-12        (c)  High-cost gas as defined in Subsection (a)(2)(A)
   2-13  produced from a well that is spudded or completed after August 31,
   2-14  1996, and before September 1, 2002, is entitled to a reduction of
   2-15  the tax imposed by this chapter for the first 120 consecutive
   2-16  calendar months beginning on the first day of production, or until
   2-17  the cumulative value of the tax reduction equals 50 percent of the
   2-18  drilling and completion costs incurred for the well, whichever
   2-19  occurs first.  The amount of tax reduction shall be computed by
   2-20  subtracting from the tax rate imposed by Section 201.052 the
   2-21  product of that tax rate times the ratio of drilling and completion
   2-22  costs incurred for the well to twice the median drilling and
   2-23  completion costs for high-cost wells as defined in Subsection
   2-24  (a)(2)(A) spudded or completed during the previous state fiscal
   2-25  year, except that the effective rate of tax may not be reduced
   2-26  below zero.
   2-27        (d)  Taxes must be paid when due at the rate provided in
   2-28  Section 201.052 of this code on all high-cost gas, as defined in
   2-29  Subsection (a)(2)(A) of this section, for wells spudded or
   2-30  completed between September 1, 1996, and August 31, 1997.  On or
   2-31  after September 1, 1997, the operator of a well that was spudded or
   2-32  completed and that produced high-cost gas between September 1,
   2-33  1996, and August 31, 1997, may apply to the comptroller for a
   2-34  refund and shall be entitled to receive a refund of taxes paid in
   2-35  excess of the taxes that would have been due if calculated under
   2-36  Subsection (c).  Wells spudded or completed between September 1,
   2-37  1996, and August 31, 1997, shall also be eligible for the reduced
   2-38  tax under this section for a 120-consecutive-calendar-month period
   2-39  as provided for other wells qualifying under this section.  The
   2-40  time period for which an operator is entitled to a refund under
   2-41  this section shall be included for purposes of the calculation of
   2-42  this 120-month period.  The period of entitlement for reduced
   2-43  taxation and refund for any qualifying well shall not exceed 120
   2-44  consecutive calendar months.
   2-45        (e)  The operator of a proposed or existing gas well,
   2-46  including a gas well that has not been completed, or the operator
   2-47  of any proposed or existing oil or gas well within a commission
   2-48  approved co-production project, may apply to the commission for
   2-49  certification that the well produces or will produce high-cost gas.
   2-50  Such application, if seeking certification as high-cost gas
   2-51  according to Subsection (a)(2)(A), must be made in writing no later
   2-52  than the 180th day after the first day of production.  The
   2-53  application may be made but is not required to be made concurrently
   2-54  with a request for a determination that gas produced from the well
   2-55  is high-cost natural gas for purposes of the Natural Gas Policy Act
   2-56  of 1978 (15 U.S.C.  Section 3301 et seq.) or with a request for
   2-57  commission approval of a co-production project.  The commission may
   2-58  require an applicant to provide the commission with any relevant
   2-59  information required to administer this section.  For purposes of
   2-60  this section, a determination that gas is high-cost natural gas
   2-61  according to Subsection (a)(2)(A) <for purposes of the Natural Gas
   2-62  Policy Act of 1978 made according to the definition of high-cost
   2-63  natural gas provided by Section 107, Natural Gas Policy Act of 1978
   2-64  (15 U.S.C. Section 3317), as that section exists on January 1,
   2-65  1989,> or a determination that gas is produced from within a
   2-66  commission approved co-production project is a certification that
   2-67  the gas is high-cost gas for purposes of this section, and in that
   2-68  event additional certification is not required to qualify for the
   2-69  exemption or tax reduction provided by this section.
   2-70        (f) <(d)>  To qualify for the exemption or tax reduction
    3-1  provided by this section, the person responsible for paying the tax
    3-2  must apply to the comptroller.  The application must contain the
    3-3  certification of the commission that the well produces high-cost
    3-4  gas and, if the application is for a well spudded or completed
    3-5  after September 1, 1995, must contain a report of drilling and
    3-6  completion costs incurred for each well on a form and in the detail
    3-7  as determined by the comptroller.  An application to the
    3-8  comptroller for certification according to Subsection (a)(2)(A) may
    3-9  not be filed after the 180th day after the first day of production.
   3-10  An application to the comptroller for certification according to
   3-11  Subsection (a)(2)(B) may not be filed before January 1, 1990, or
   3-12  after December 31, 1998.  The comptroller shall approve the
   3-13  application of a person who demonstrates that the gas is eligible
   3-14  for the exemption or tax reduction.  The comptroller may require a
   3-15  person applying for the exemption or tax reduction to provide any
   3-16  relevant information in the person's monthly report that the
   3-17  comptroller considers necessary to administer this section.  The
   3-18  commission shall notify the comptroller in writing immediately if
   3-19  it determines that an oil or gas well previously certified as
   3-20  producing high-cost gas does not produce high-cost gas or if it
   3-21  takes any action or discovers any information that affects the
   3-22  eligibility of gas for an exemption or tax reduction under this
   3-23  section.
   3-24        (g)  As soon as practicable after March 1 of each year, the
   3-25  comptroller shall determine from reports containing drilling and
   3-26  completion cost data as required on applications to the comptroller
   3-27  under Subsection (f), the median drilling and completion cost for
   3-28  all high-cost wells as defined in Subsection (a)(2)(A) for which
   3-29  application for exemption or reduced tax was made during the
   3-30  previous state fiscal year.  Those median drilling and completion
   3-31  costs shall be used to compute the reduced tax under Subsection
   3-32  (c).
   3-33        (h)  Information regarding drilling and completion costs
   3-34  included on an application under Subsection (f) is confidential and
   3-35  may not be disclosed, except to the extent aggregated with other
   3-36  similar information to produce industry averages.  Unauthorized
   3-37  disclosure is an offense subject to the same penalty as provided by
   3-38  Section 111.007 for unauthorized disclosure of federal tax return
   3-39  information.
   3-40        (i) <(e)>  If, before the commission certifies that a well
   3-41  produces high-cost gas or before the comptroller approves an
   3-42  application for an exemption or tax reduction under this section,
   3-43  the tax imposed by this chapter is paid on high-cost gas that
   3-44  otherwise qualifies for the exemption or tax reduction provided by
   3-45  this section, the producer or producers of the gas are entitled to
   3-46  a credit against other taxes imposed by this chapter in an amount
   3-47  equal to the amount of the tax paid on the gas that otherwise
   3-48  qualified for the exemption or tax reduction on or after the first
   3-49  day of the next month after the month in which the application for
   3-50  certification under this section was filed with the commission.
   3-51  The credit is allocated to each producer according to the
   3-52  producer's proportionate share in the gas.  To receive a credit,
   3-53  one or more of the producers must apply to the comptroller for the
   3-54  credit not later than the first anniversary after the date the
   3-55  comptroller approves the application for an exemption or tax
   3-56  reduction under this section.  If a producer demonstrates that the
   3-57  producer does not have sufficient tax liability under this chapter
   3-58  to claim the credit within five years from the date the application
   3-59  for the credit is made, the producer is entitled to a refund in the
   3-60  amount of any credit the comptroller determines may not be claimed
   3-61  within that five years.  Nothing in this subsection shall relieve
   3-62  the obligation imposed by Subsection (b) to pay tax when due on
   3-63  high-cost gas produced from co-production projects on or before
   3-64  July 31, 1995.
   3-65        (j) <(f)>  An applicant for commission approval of a
   3-66  co-production project shall submit a written application for
   3-67  approval to the commission.  Such application must be filed before
   3-68  January 1, 1994.  The applicant shall provide the commission with
   3-69  any relevant information required to administer this section,
   3-70  including evidence demonstrating that the reservoir is eligible for
    4-1  the designation and demonstrating the minimum volumes of
    4-2  high-volume water withdrawal required to recover oil and/or gas
    4-3  from the reservoir that would not be produced by conventional
    4-4  production methods.  A commission representative may
    4-5  administratively approve the application.  If the commission
    4-6  representative denies administrative approval, the applicant shall
    4-7  have the right to a hearing upon the request.
    4-8        SECTION 2.  (a)  The Railroad Commission of Texas shall file
    4-9  with the Legislative Budget Board such information as the
   4-10  Legislative Budget Board may request to assess the impact of the
   4-11  exemption or tax reduction authorized by this Act, including:
   4-12              (1)  the number of approved applications;
   4-13              (2)  the level of drilling activity;
   4-14              (3)  natural gas production; and
   4-15              (4)  any other related information and projections as
   4-16  requested by the Legislative Budget Board.
   4-17        (b)  Reports required by this section shall be filed for the
   4-18  following time periods no later than the date indicated:
   4-19              (1)  for the period beginning September 1, 1996,
   4-20  through August 31, 1997, the report shall be filed no later than
   4-21  November 1, 1997; and
   4-22              (2)  for the period beginning September 1, 1996,
   4-23  through February 28, 1997, the report shall be filed no later than
   4-24  April 1, 1997.
   4-25        (c)  The Railroad Commission of Texas shall, if requested by
   4-26  the Legislative Budget Board, provide quarterly reports containing
   4-27  the information required by Subsection (a) of this section.
   4-28        SECTION 3.  This Act takes effect September 1, 1995.
   4-29        SECTION 4.  The importance of this legislation and the
   4-30  crowded condition of the calendars in both houses create an
   4-31  emergency and an imperative public necessity that the
   4-32  constitutional rule requiring bills to be read on three several
   4-33  days in each house be suspended, and this rule is hereby suspended.
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