By Craddick                                            H.B. No. 683
       74R1959 CBH-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to an exemption from the oil and gas production taxes for
    1-3  marginal oil and gas wells and to the promotion of the drilling of
    1-4  new oil and gas wells.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 201.053, Tax Code, is amended to read as
    1-7  follows:
    1-8        Sec. 201.053.  GAS NOT TAXED.  The tax imposed by this
    1-9  chapter does not apply to gas:
   1-10              (1)  injected into the earth in this state, unless sold
   1-11  for that purpose;
   1-12              (2)  produced from oil wells with oil and lawfully
   1-13  vented or flared; or
   1-14              (3)  used for lifting oil, unless sold for that
   1-15  purpose<; or>
   1-16              <(4)  produced in this state from a well that qualifies
   1-17  under Section 202.056>.
   1-18        SECTION 2.  Chapter 201, Tax Code, is amended by adding
   1-19  Section 201.056 to read as follows:
   1-20        Sec. 201.056.  TAX EXEMPTIONS.  The exemptions described by
   1-21  Section 202.056 and Chapter 205 apply to the taxes imposed by this
   1-22  chapter as authorized by and subject to the certifications and
   1-23  approvals required by those exemption provisions.
   1-24        SECTION 3.  Section 202.052(c), Tax Code, is amended to read
    2-1  as follows:
    2-2        (c)  The exemptions described by Section 202.056 and Chapter
    2-3  205 apply to <For> oil produced in this state from a well that
    2-4  qualifies under Section 202.056 or Chapter 205 subject to the
    2-5  certifications and approvals required by those exemption
    2-6  provisions<, the rate of tax imposed by this chapter shall be
    2-7  reduced to zero>.
    2-8        SECTION 4.  Subtitle I, Title 2, Tax Code, is amended by
    2-9  adding Chapter 205 to read as follows:
   2-10         CHAPTER 205.  TAX EXEMPTION FOR CATEGORY TWO MARGINAL
   2-11                          OIL AND GAS LEASES
   2-12        Sec. 205.001.  DEFINITIONS.  In this chapter:
   2-13              (1)  "Barrel" means 42 standard gallons.
   2-14              (2)  "BOE" means a barrel of oil equivalent and refers
   2-15  to the sum of:
   2-16                    (A)  oil, condensate, and other liquid
   2-17  hydrocarbon production volumes in barrels; and
   2-18                    (B)  gas production volumes, in mcf, divided by
   2-19  six.
   2-20              (3)  "Category two marginal lease" means a lease
   2-21  certified under Section 205.003.
   2-22              (4)  "Commission" means the Railroad Commission of
   2-23  Texas.
   2-24              (5)  "Hydrocarbon" means any oil, gas, condensate, or
   2-25  other liquid hydrocarbons produced from a well.
   2-26              (6)  "Lease" means one or more gas or oil wells for
   2-27  which the commission has assigned the same lease or identification
    3-1  number.
    3-2              (7)  "Mcf" means 1,000 cubic feet of gas as measured
    3-3  according to Section 91.052, Natural Resources Code.
    3-4              (8)  "New well chit" means the voucher issued by the
    3-5  commission under Section 205.005 for each BOE of production
    3-6  capacity of a new well.
    3-7              (9)  "New well" means an oil or gas well that, during
    3-8  the period beginning on January 1, 1995, and ending on August 31,
    3-9  1997, is:
   3-10                    (A)  spudded, sidetracked, horizontally drilled,
   3-11  or deepened to a different commission-designated field; or
   3-12                    (B)  a plugged oil or gas well and reentered.
   3-13        Sec. 205.002.  TAX EXEMPTION.  Hydrocarbon production from a
   3-14  category two marginal lease is exempt from the taxes imposed by
   3-15  Chapters 201 and 202 if the comptroller has approved the tax
   3-16  exemption under Section 205.006.
   3-17        Sec. 205.003.  APPLICATION FOR CERTIFICATION.  (a)  The
   3-18  operator of an eligible lease may apply to the commission for
   3-19  certification of the lease as a category two marginal lease.
   3-20        (b)  In addition to other requirements of this chapter, the
   3-21  operator must include with the application any relevant information
   3-22  the commission requires.
   3-23        (c)  If the commission approves the application, the
   3-24  commission shall issue a certificate to the operator.  The
   3-25  certificate must:
   3-26              (1)  include identification of the category two
   3-27  marginal lease; and
    4-1              (2)  state the date on which the tax exemption takes
    4-2  effect, subject to the comptroller's approval of the exemption
    4-3  under Section 205.006.
    4-4        (d)  The tax exemption is effective on the first day of the
    4-5  first month after the 12-month production period required by
    4-6  Section 205.004.
    4-7        Sec. 205.004.  QUALIFICATION FOR CERTIFICATION.  (a)  A lease
    4-8  is eligible for certification as a category two marginal lease if:
    4-9              (1)  during any 12-consecutive-month period ending
   4-10  before the month in which the application for certification as a
   4-11  category two marginal lease is filed with the commission,
   4-12  hydrocarbon production from the lease does not exceed an amount
   4-13  equal to:
   4-14                    (A)  15 BOE times the number of producing wells
   4-15  on the lease, times the number of days in those months in which
   4-16  some hydrocarbon production was reported to the commission; or
   4-17                    (B)  25 BOE times the number of producing wells
   4-18  on the lease, times the number of days in those months in which
   4-19  some hydrocarbon production was reported to the commission, if the
   4-20  volume of water produced from wells associated with oil production
   4-21  equals 85 percent or more of the total liquids produced from the
   4-22  lease; and
   4-23              (2)  the operator submits with the application new well
   4-24  chits issued under Section 205.005 in an amount equal to the
   4-25  hydrocarbon production from the lease as determined under this
   4-26  section.
   4-27        (b)  The 12-consecutive-month production period required by
    5-1  Subsection (a) must begin:
    5-2              (1)  on or after September 1, 1994; and
    5-3              (2)  with a month for which some hydrocarbon production
    5-4  is reported to the commission.
    5-5        (c)  A 12-month period is ineligible under Subsection (a)
    5-6  unless during at least seven calendar months of the period some
    5-7  hydrocarbons have been produced and reported to the commission.
    5-8        (d)  Production is determined under this section by rounding
    5-9  up to the nearest BOE produced.
   5-10        (e)  A lease that has a new well must meet each requirement
   5-11  prescribed by this section to qualify for a tax exemption under
   5-12  this chapter.
   5-13        Sec. 205.005.  NEW WELL CHITS.  (a)  The operator of a new
   5-14  well may apply to the commission for new well chits only after five
   5-15  months of production is reported for the well.
   5-16        (b)  An operator must apply for new well chits before
   5-17  September 1998.
   5-18        (c)  The commission shall issue to the operator one new well
   5-19  chit for each BOE capacity from the new well.  The commission shall
   5-20  issue the chits in denominations of 1 BOE, 5 BOE, and 10 BOE.
   5-21        (d)  For purposes of issuing new well chits, the BOE capacity
   5-22  for a new oil well on a single-well oil lease or for a new gas well
   5-23  is the lesser of:
   5-24              (1)  the daily average BOEs from the well during the
   5-25  five-month period preceding the application for new well chits; or
   5-26              (2)  the daily average BOEs from the well in the most
   5-27  recent month of production for which a production report has been
    6-1  filed and shows some production.
    6-2        (e)  The BOE capacity for a new oil well on a multi-well oil
    6-3  lease is the lesser of:
    6-4              (1)  the results of a BOE capacity test on the new
    6-5  well; or
    6-6              (2)  the daily average BOEs from the new well during
    6-7  the five consecutive calendar months preceding the date of the BOE
    6-8  capacity test.
    6-9        (f)  In determining BOE capacity under Subsection (e),
   6-10  production from the lease is apportioned between the new well and
   6-11  other oil wells on the lease according to the new well BOE capacity
   6-12  test and the sum of the most recent BOE capacity tests for all of
   6-13  the other oil wells on the lease.
   6-14        (g)  A BOE capacity test for a new well must be performed not
   6-15  earlier than the 60th day before the date on which the operator
   6-16  applies for the new well chits.  BOE capacity tests for all other
   6-17  wells must have been performed not earlier than the 180th day
   6-18  before the date on which the operator applies for the new well
   6-19  chits.  All BOE capacity tests must be performed in accordance with
   6-20  commission rules.
   6-21        (h)  The commission may not consider hydrocarbons that are
   6-22  vented or flared in determining the BOE capacity of a new well.
   6-23        (i)  An operator may transfer new well chits to another
   6-24  operator or any other person, but only an operator may use a new
   6-25  well chit to qualify a lease for certification as a category two
   6-26  marginal lease under Section 205.004.
   6-27        Sec. 205.006.  APPLICATION FOR AND APPROVAL OF TAX EXEMPTION.
    7-1  (a)  To qualify for the tax exemption provided by this chapter, the
    7-2  person responsible for paying the tax must apply to the comptroller
    7-3  for the exemption and include with the application the certificate
    7-4  issued under Section 205.003 by the commission.
    7-5        (b)  The comptroller may require a person applying for the
    7-6  tax exemption to provide any information necessary to administer
    7-7  this section.
    7-8        (c)  The comptroller shall approve a person's application if
    7-9  the hydrocarbons are eligible for the tax exemption.
   7-10        (d)  The comptroller may establish procedures as necessary to
   7-11  comply with this section and Section 205.009.
   7-12        Sec. 205.007.  REVOCATION OF CERTIFICATION.  (a)  The
   7-13  commission may revoke a category two marginal lease certificate if
   7-14  the commission finds that the lease was not eligible for that
   7-15  designation at the time of certification.
   7-16        (b)  The commission shall notify the operator and the
   7-17  comptroller that the certificate has been revoked.
   7-18        (c)  A tax exemption granted under this chapter is
   7-19  automatically revoked on the date the category two marginal lease
   7-20  certificate is revoked, and hydrocarbons produced from that lease
   7-21  on or after the day after the date of revocation are not eligible
   7-22  for the tax exemption.
   7-23        Sec. 205.008.  COMMISSION DISCRETION AND RULES.  The
   7-24  commission has broad discretion in administering this chapter and
   7-25  may adopt and enforce any appropriate rules or orders that the
   7-26  commission finds necessary to administer this chapter.
   7-27        Sec. 205.009.  TAX CREDIT.  (a)  If the tax is paid at the
    8-1  full rate provided by Chapter 201 or 202 on hydrocarbons produced
    8-2  on or after the effective date of the tax exemption contained in
    8-3  the lease certificate, but before the date the comptroller approves
    8-4  the application for the tax exemption, the operator is entitled to
    8-5  a credit on taxes due under Chapter 201 or 202 in an amount equal
    8-6  to the tax paid during that period.
    8-7        (b)  To receive a credit, the operator must apply to the
    8-8  comptroller for the credit not later than the first anniversary of
    8-9  the date the commission certifies the well as a category two
   8-10  marginal lease.
   8-11        Sec. 205.010.  PENALTIES.  (a)  A person is subject to the
   8-12  penalties that may be imposed under Chapters 85 and 91, Natural
   8-13  Resources Code, if the person makes and submits to the commission
   8-14  or the comptroller an application, report, or other document that
   8-15  is used or intended to be used for a certification, tax exemption,
   8-16  or a tax credit under this chapter and the person knows that the
   8-17  application, report, or other document contains a false or untrue
   8-18  material fact.
   8-19        (b)  A person is liable to the state for a civil penalty if
   8-20  the person, after receiving notice from the commission that the
   8-21  person's certificate for a category two marginal lease has been
   8-22  revoked, applies or attempts to apply for a tax exemption for that
   8-23  lease using the revoked certificate.  The amount of the penalty may
   8-24  not exceed the sum of:
   8-25              (1)  $10,000; and
   8-26              (2)  the difference between the amount of taxes paid or
   8-27  attempted to be paid and the amount of taxes due.
    9-1        (c)  The attorney general may recover a penalty under
    9-2  Subsection (b) in a suit brought on behalf of the state.  Venue for
    9-3  the suit is in Travis County.
    9-4        SECTION 5.  This Act takes effect September 1, 1995.
    9-5        SECTION 6.  The importance of this legislation and the
    9-6  crowded condition of the calendars in both houses create an
    9-7  emergency and an imperative public necessity that the
    9-8  constitutional rule requiring bills to be read on three several
    9-9  days in each house be suspended, and this rule is hereby suspended.