By Craddick                                            H.B. No. 942
       74R3256 CBH-D
                                 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 horizontally drilled wells; providing a civil penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 201.053, Tax Code, is amended to read as
    1-6  follows:
    1-7        Sec. 201.053.  Gas Not Taxed.  The tax imposed by this
    1-8  chapter does not apply to gas:
    1-9              (1)  injected into the earth in this state, unless sold
   1-10  for that purpose;
   1-11              (2)  produced from oil wells with oil and lawfully
   1-12  vented or flared; or
   1-13              (3)  used for lifting oil, unless sold for that
   1-14  purpose<; or>
   1-15              <(4)  produced in this state from a well that qualifies
   1-16  under Section 202.056>.
   1-17        SECTION 2.  Subchapter B, Chapter 201, Tax Code, is amended
   1-18  by adding Section 201.056 to read as follows:
   1-19        Sec. 201.056.  TAX EXEMPTIONS.  The exemptions described by
   1-20  Section 202.056 and Chapter 205 apply to the taxes imposed by this
   1-21  chapter as authorized by and subject to the certifications and
   1-22  approvals required by those exemption provisions.
   1-23        SECTION 3.  Section 202.052(c), Tax Code, is amended to read
   1-24  as follows:
    2-1        (c)  The exemptions described by Section 202.056 and Chapter
    2-2  205 apply to <For> oil produced in this state from a well that
    2-3  qualifies under Section 202.056 or Chapter 205 subject to the
    2-4  certifications and approvals required by those exemption
    2-5  provisions<, the rate of tax imposed by this chapter shall be
    2-6  reduced to zero>.
    2-7        SECTION 4.  Subtitle I, Title 2, Tax Code, is amended by
    2-8  adding Chapter 205 to read as follows:
    2-9    CHAPTER 205.  TAX EXEMPTION FOR HYDROCARBONS FROM HORIZONTALLY
   2-10                             DRILLED WELLS
   2-11        Sec. 205.001.  DEFINITIONS.  In this chapter:
   2-12              (1)  "Commission" means the Railroad Commission of
   2-13  Texas.
   2-14              (2)  "Completion date" means the date on which a well
   2-15  is actually made capable of producing hydrocarbons, as shown on the
   2-16  completion report filed by the operator with the commission.
   2-17              (3)  "Horizontally drilled well" means a gas or oil
   2-18  well that is completed:
   2-19                    (A)  in a geological formation designated as a
   2-20  distinct field; and
   2-21                    (B)  with at least one drainhole in which the
   2-22  horizontal displacement within the formation is at least 100 feet.
   2-23              (4)  "Hydrocarbons" means any gas, oil, condensate, or
   2-24  other liquid hydrocarbons produced from a well.
   2-25              (5)  "Spud date" means the date on which drilling
   2-26  operations on a well are initiated by cutting the initial hole into
   2-27  the ground as shown on the completion report filed by the operator
    3-1  with the commission.
    3-2        Sec. 205.002.  TAX EXEMPTION.  Hydrocarbon production from a
    3-3  horizontally drilled well is exempt from the taxes imposed by
    3-4  Chapters 201 and 202 if:
    3-5              (1)  the well has:
    3-6                    (A)  a spud date that is on or after September 1,
    3-7  1995; and
    3-8                    (B)  a completion date that is not later than
    3-9  December 31, 1999; and
   3-10              (2)  the comptroller has approved the tax exemption
   3-11  under Section 205.004.
   3-12        Sec. 205.003.  APPLICATION FOR CERTIFICATION.  (a)  The
   3-13  operator of an eligible well may apply to the commission for
   3-14  certification of the well as a horizontally drilled well.
   3-15        (b)  In addition to other requirements of this chapter, the
   3-16  operator must include with the application a statement of the cost
   3-17  of drilling the well as a horizontally drilled well and any other
   3-18  information the commission requires.
   3-19        (c)  If the commission approves the application, the
   3-20  commission shall issue a certificate to the operator.  The
   3-21  certificate must:
   3-22              (1)  include identification of the qualifying well;
   3-23              (2)  state the cost of drilling the well as a
   3-24  horizontally drilled well, as determined by the commission; and
   3-25              (3)  state the date on which the tax exemption takes
   3-26  effect, subject to the comptroller's approval of the exemption
   3-27  under Section 205.004.
    4-1        Sec. 205.004.  APPLICATION FOR AND APPROVAL OF TAX EXEMPTION.
    4-2  (a)  To qualify for the tax exemption provided by this chapter, the
    4-3  person responsible for paying the tax must apply to the comptroller
    4-4  for the exemption and include with the application the certificate
    4-5  issued under Section 205.003 by the commission.
    4-6        (b)  The comptroller may require a person applying for the
    4-7  tax exemption to provide any information necessary to administer
    4-8  this section.
    4-9        (c)  The comptroller shall approve a person's application if
   4-10  the hydrocarbons are eligible for the tax exemption.
   4-11        (d)  The total tax exemptions provided by this chapter for a
   4-12  well are equal to the lesser of:
   4-13              (1)  the total tax due on hydrocarbon production from
   4-14  the certified well that occurs on or before the second anniversary
   4-15  of the date on which the tax exemption takes effect; or
   4-16              (2)  the cost of drilling the well as a horizontally
   4-17  drilled well as stated on the certificate issued under Section
   4-18  205.003.
   4-19        (e)  The comptroller may establish procedures as necessary to
   4-20  comply with this section and Section 205.007.
   4-21        Sec. 205.005.  REVOCATION OF CERTIFICATION.  (a)  The
   4-22  commission may revoke a horizontally drilled well certificate if
   4-23  the commission finds that the well was not eligible for that
   4-24  designation at the time of certification.
   4-25        (b)  The commission shall notify the operator and the
   4-26  comptroller that the certificate has been revoked.
   4-27        (c)  A tax exemption granted under this chapter is
    5-1  automatically revoked on the date the horizontally drilled well
    5-2  certificate is revoked, and hydrocarbons produced from that well on
    5-3  or after the day after the date of revocation are not eligible for
    5-4  the tax exemption.
    5-5        Sec. 205.006.  COMMISSION DISCRETION AND RULES.  The
    5-6  commission has broad discretion in administering this chapter and
    5-7  may adopt and enforce any appropriate rules or orders that the
    5-8  commission finds necessary to administer this chapter, including
    5-9  production allocation procedures as necessary to allocate oil lease
   5-10  production to a horizontally drilled well.
   5-11        Sec. 205.007.  TAX CREDIT.  (a)  If the tax is paid at the
   5-12  full rate provided by Chapter 201 or 202 on hydrocarbons produced
   5-13  on or after the effective date of the tax exemption contained in
   5-14  the well certificate but before the date the comptroller approves
   5-15  the application for the tax exemption, the operator is entitled to
   5-16  a credit on taxes due under Chapter 201 or 202 in an amount equal
   5-17  to the tax paid during that period.
   5-18        (b)  To receive a credit, the operator must apply to the
   5-19  comptroller for the credit not later than the first anniversary of
   5-20  the date the commission certifies the well as a horizontally
   5-21  drilled well.
   5-22        Sec. 205.008.  PENALTIES.  (a)  A person is subject to the
   5-23  penalties that may be imposed under Chapters 85 and 91, Natural
   5-24  Resources Code, if the person makes and submits to the commission
   5-25  or the comptroller an application, report, or other document that
   5-26  is used or intended to be used for a certification, tax exemption,
   5-27  or a tax credit under this chapter and the person knows that the
    6-1  application, report, or other document contains a false or untrue
    6-2  material fact.
    6-3        (b)  A person is liable to the state for a civil penalty if
    6-4  the person, after receiving notice from the commission that the
    6-5  person's certificate for a horizontally drilled well has been
    6-6  revoked, applies or attempts to apply for a tax exemption for that
    6-7  well using the revoked certificate.  The amount of the penalty may
    6-8  not exceed the sum of:
    6-9              (1)  $10,000; and
   6-10              (2)  the difference between the amount of taxes paid or
   6-11  attempted to be paid and the amount of taxes due.
   6-12        (c)  The attorney general may recover a penalty under
   6-13  Subsection (b) in a suit brought on behalf of the state.  Venue for
   6-14  the suit is in Travis County.
   6-15        SECTION 5.  This Act takes effect September 1, 1995.
   6-16        SECTION 6.  The importance of this legislation and the
   6-17  crowded condition of the calendars in both houses create an
   6-18  emergency and an imperative public necessity that the
   6-19  constitutional rule requiring bills to be read on three several
   6-20  days in each house be suspended, and this rule is hereby suspended.