By Craddick                                            H.B. No. 684
       74R3594 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  certain marginal oil leases remaining in production; providing a
    1-4  civil penalty.
    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.  Subchapter B, Chapter 201, Tax Code, is amended
   1-19  by adding Section 201.058 to read as follows:
   1-20        Sec. 201.058.  TAX EXEMPTIONS.  The exemptions described by
   1-21  Sections 202.056 and 202.057 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 sections.
   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 Sections 202.056 and 202.057
    2-3  apply to <For> oil produced in this state from a well that
    2-4  qualifies under Section 202.056 or 202.057, subject to the
    2-5  certifications and approvals required by those sections <the rate
    2-6  of tax imposed by this chapter shall be reduced to zero>.
    2-7        SECTION 4.  Subchapter B, Chapter 202, Tax Code, is amended
    2-8  by adding Section 202.057 to read as follows:
    2-9        Sec. 202.057.  EXEMPTION FOR HYDROCARBONS FROM CATEGORY ONE
   2-10  MARGINAL LEASES.  (a)  In this section:
   2-11              (1)  "Category one marginal lease" means an oil lease
   2-12  that the commission certifies as meeting the maximum production
   2-13  requirements prescribed by Subsection (e).
   2-14              (2)  "Commission" means the Railroad Commission of
   2-15  Texas.
   2-16              (3)  "Hydrocarbon" means any oil, gas, condensate, or
   2-17  other liquid hydrocarbons produced from a well.
   2-18              (4)  "Oil lease" means one or more oil wells for which
   2-19  the commission has assigned the same lease identification number.
   2-20        (b)  Hydrocarbon production from a category one marginal
   2-21  lease is exempt from the taxes imposed by this chapter and Chapter
   2-22  201 if the comptroller has approved the tax exemption under
   2-23  Subsection (h).
   2-24        (c)  The commission shall identify each oil lease that
   2-25  qualifies as a category one marginal lease and shall issue a
   2-26  certificate to each operator of such a lease.  The certificate
   2-27  must:
    3-1              (1)  include identification of the category one
    3-2  marginal lease; and
    3-3              (2)  state the date on which the tax exemption takes
    3-4  effect, subject to the comptroller's approval of the exemption
    3-5  under Subsection (h).
    3-6        (d)  The tax exemption is effective on the first day of the
    3-7  first month after the 12-month production period required by
    3-8  Subsection (e).
    3-9        (e)  The commission shall certify an oil lease as a category
   3-10  one marginal lease if:
   3-11              (1)  the average daily production of oil from the oil
   3-12  lease does not exceed:
   3-13                    (A)  one barrel of oil during any consecutive 12
   3-14  months during a period beginning on or after September 1, 1994;
   3-15                    (B)  two barrels of oil during any consecutive 12
   3-16  months during a period beginning on or after September 1, 1996; or
   3-17                    (C)  three barrels of oil during any consecutive
   3-18  12 months during a period beginning on or after September 1, 1998;
   3-19  and
   3-20              (2)  during at least seven calendar months of the
   3-21  12-month period, some oil was produced and reported to the
   3-22  commission.
   3-23        (f)  The 12-consecutive-month production period required by
   3-24  Subsection (e) must begin with a month for which some hydrocarbon
   3-25  production is reported to the commission.
   3-26        (g)  For purposes of Subsection (e), the average daily
   3-27  production of oil from an oil lease for 12 consecutive months is
    4-1  computed by dividing the number of barrels of oil produced from the
    4-2  oil lease during the period by the number of days in months in
    4-3  which some oil production was reported to the commission and that
    4-4  were in the period, and dividing the quotient by the number of
    4-5  wells from which some oil was produced during the period in the oil
    4-6  lease.  Production is determined under this section by rounding up
    4-7  to the nearest barrel of oil produced.
    4-8        (h)  To qualify for the tax exemption, the person responsible
    4-9  for paying the tax must apply to the comptroller for the exemption
   4-10  and include with the application a certificate issued by the
   4-11  commission under Subsection (c).  The comptroller may require a
   4-12  person applying for the tax exemption to provide any information
   4-13  necessary to administer this section.  The comptroller shall
   4-14  approve a person's application if the hydrocarbons  are eligible
   4-15  for the tax exemption.  The comptroller may establish procedures as
   4-16  necessary to comply with this subsection and Subsection (k).
   4-17        (i)  The commission may revoke a category one marginal lease
   4-18  certificate if the  commission finds that the lease was not
   4-19  eligible for that designation at the time of certification.  The
   4-20  commission shall notify the operator and the comptroller that the
   4-21  certificate has been revoked.  A tax exemption granted under this
   4-22  section is automatically revoked on the date the category one
   4-23  marginal lease certificate is revoked, and hydrocarbons produced
   4-24  from that lease on or after the day after the date of revocation
   4-25  are not eligible for the tax exemption.
   4-26        (j)  The commission has broad discretion in administering
   4-27  this section and may adopt and enforce any appropriate rules or
    5-1  orders that the commission finds necessary to administer this
    5-2  section.
    5-3        (k)  If the tax is paid at the full rate provided by this
    5-4  chapter or Chapter 201 on hydrocarbons produced on or after the
    5-5  effective date of the tax exemption contained in the lease
    5-6  certificate but before the date the comptroller approves the
    5-7  application for the tax exemption, the operator is entitled to a
    5-8  credit on taxes due under Chapter 201 or this chapter in the amount
    5-9  equal to the tax paid during that period.  To receive a credit, the
   5-10  operator must apply to the comptroller for the credit not later
   5-11  than the first anniversary of the date the commission certifies the
   5-12  well as a category one marginal lease.
   5-13        (l)  A person is subject to the penalties that may be imposed
   5-14  under Chapters 85 and 91, Natural Resources Code, if the person
   5-15  makes and submits to the commission or the comptroller an
   5-16  application, report, or other document used or intended to be used
   5-17  for a certification, tax exemption, or tax credit under this
   5-18  section and the person knows that the application, report, or other
   5-19  document contains a false or untrue material fact.
   5-20        (m)  A person is liable to the state for a civil penalty if
   5-21  the person, after receiving notice from the commission that the
   5-22  person's certificate for a category one marginal lease has been
   5-23  revoked, applies or attempts to apply for a tax exemption for that
   5-24  lease using the revoked certificate.  The amount of the penalty may
   5-25  not exceed the sum of:
   5-26              (1)  $10,000; and
   5-27              (2)  the difference between the amount of taxes paid or
    6-1  attempted to be paid and the amount of taxes due.
    6-2        (n)  The attorney general may recover a penalty under
    6-3  Subsection (m) in a suit brought on behalf of the state.  Venue for
    6-4  the suit is in Travis County.
    6-5        SECTION 5.  This Act takes effect September 1, 1995.
    6-6        SECTION 6.  The importance of this legislation and the
    6-7  crowded condition of the calendars in both houses create an
    6-8  emergency and an imperative public necessity that the
    6-9  constitutional rule requiring bills to be read on three several
   6-10  days in each house be suspended, and this rule is hereby suspended.