By Craddick                                           H.B. No. 1238
       74R3600 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 hydrocarbons produced as a result of a production
    1-4  enhancement project; providing a 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 201.056 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 CERTAIN HYDROCARBONS PRODUCED
   2-11             AS A RESULT OF PRODUCTION ENHANCEMENT PROJECT
   2-12        Sec. 205.001.  DEFINITIONS.  In this chapter:
   2-13              (1)  "Commission" means the Railroad Commission of
   2-14  Texas.
   2-15              (2)  "Hydrocarbons" means any gas, oil, condensate, or
   2-16  other liquid hydrocarbons produced from a well.
   2-17              (3)  "Incremental hydrocarbon production" means the
   2-18  hydrocarbons produced from a well after the completion of a
   2-19  production enhancement project on the well and includes only the
   2-20  production of hydrocarbons that is in excess of the well's average
   2-21  monthly production as determined during the 12-month period
   2-22  preceding the date on which the project began.
   2-23              (4)  "Production enhancement project" means a downhole
   2-24  operation in an existing gas or oil well that is designed to
   2-25  establish, sustain, restore, or increase the production or recovery
   2-26  of hydrocarbons through the use of fracturing, recompletion, or a
   2-27  workover.
    3-1              (5)  "Recompletion" means a downhole operation in an
    3-2  existing oil or gas well to establish production of hydrocarbons
    3-3  from a geological interval that is not completed or producing in
    3-4  that well.
    3-5              (6)  "Workover" means a downhole operation in an
    3-6  existing oil or gas well designed to sustain, restore, or increase
    3-7  the well's production rate or the ultimate recovery of hydrocarbons
    3-8  from a geological interval that is completed or producing in that
    3-9  well.  The term includes acidizing, reperforating, fracture
   3-10  treating, sand or paraffin removal, sand and paraffin removal,
   3-11  casing repair, squeeze cementing, or setting bridge plugs to
   3-12  isolate water productive zones from oil or gas productive zones.
   3-13  The term does not include routine maintenance, repair, or
   3-14  replacement of downhole equipment such as rods, pumps, tubing,
   3-15  packers, or other mechanical devices.
   3-16        Sec. 205.002.  TAX EXEMPTION.  Incremental hydrocarbon
   3-17  production is exempt from the taxes imposed by Chapters 201 and 202
   3-18  if the comptroller has approved the tax exemption under Section
   3-19  205.004.
   3-20        Sec. 205.003.  APPLICATION FOR CERTIFICATION.  (a)  The
   3-21  operator of a well for which a production enhancement project is
   3-22  completed may apply to the commission for certification of the
   3-23  project and affected well under this chapter.
   3-24        (b)  In addition to other requirements of this chapter, the
   3-25  operator must include with the application a statement of the cost
   3-26  of completing the production enhancement project and any other
   3-27  information the commission requires.
    4-1        (c)  If the commission approves the application, the
    4-2  commission shall issue a certificate to the operator.  The
    4-3  certificate must:
    4-4              (1)  include identification of the production
    4-5  enhancement project and qualifying well;
    4-6              (2)  state the cost of completing the production
    4-7  enhancement project, as determined by the commission; and
    4-8              (3)  state the date on which the tax exemption takes
    4-9  effect, subject to the comptroller's approval of the exemption
   4-10  under Section 205.004.
   4-11        Sec. 205.004.  APPLICATION FOR AND APPROVAL OF TAX EXEMPTION.
   4-12  (a)  To qualify for the tax exemption provided by this chapter, the
   4-13  person responsible for paying the tax must apply to the comptroller
   4-14  for the exemption and include with the application the certificate
   4-15  issued under Section 205.003 by the commission.
   4-16        (b)  The comptroller may require a person applying for the
   4-17  tax exemption to provide any information necessary to administer
   4-18  this section.
   4-19        (c)  The comptroller shall approve a person's application if
   4-20  the hydrocarbons are eligible for the tax exemption.
   4-21        (d)  The total tax exemptions provided by this chapter for a
   4-22  well are equal to the lesser of:
   4-23              (1)  the total tax due on incremental hydrocarbon
   4-24  production from the certified well that occurs on or before the
   4-25  third anniversary of the date on which the tax exemption takes
   4-26  effect; or
   4-27              (2)  the cost of completing the production enhancement
    5-1  project as stated on the certificate issued under Section 205.003.
    5-2        (e)  The comptroller may establish procedures as necessary to
    5-3  comply with this section and Section 205.007.
    5-4        Sec. 205.005.  REVOCATION OF CERTIFICATION.  (a)  The
    5-5  commission may revoke a certificate if the commission finds that
    5-6  the well was not eligible for that designation at the time of
    5-7  certification.
    5-8        (b)  The commission shall notify the operator and the
    5-9  comptroller that the certificate has been revoked.
   5-10        (c)  A tax exemption granted under this chapter is
   5-11  automatically revoked on the date the certificate is revoked, and
   5-12  incremental hydrocarbon production from that well on or after the
   5-13  day after the date of revocation is not eligible for the tax
   5-14  exemption.
   5-15        Sec. 205.006.  COMMISSION DISCRETION AND RULES.  The
   5-16  commission has broad discretion in administering this chapter and
   5-17  may adopt and enforce any appropriate rules or orders that the
   5-18  commission finds necessary to administer this chapter.
   5-19        Sec. 205.007.  TAX CREDIT.  (a)  If the tax is paid at the
   5-20  full rate provided by Chapter 201 or 202 on incremental hydrocarbon
   5-21  production on or after the effective date of the tax exemption
   5-22  contained in the well certificate but before the date the
   5-23  comptroller approves the application for the tax exemption, the
   5-24  operator is entitled to a credit on taxes due under Chapter 201 or
   5-25  202 in an amount equal to the tax paid on incremental hydrocarbon
   5-26  production during that period.
   5-27        (b)  To receive a credit, the operator must apply to the
    6-1  comptroller for the credit not later than the first anniversary of
    6-2  the date the commission certifies the well.
    6-3        Sec. 205.008.  PENALTIES.  (a)  A person is subject to the
    6-4  penalties that may be imposed under Chapters 85 and 91, Natural
    6-5  Resources Code, if the person makes and submits to the commission
    6-6  or the comptroller an application, report, or other document that
    6-7  is used or intended to be used for a certification, tax exemption,
    6-8  or a tax credit under this chapter and the person knows that the
    6-9  application, report, or other document contains a false or untrue
   6-10  material fact.
   6-11        (b)  A person is liable to the state for a civil penalty if
   6-12  the person, after receiving notice from the commission that the
   6-13  person's certificate has been revoked, applies or attempts to apply
   6-14  for a tax exemption for that well using the revoked certificate.
   6-15  The amount of the penalty may not exceed the sum of:
   6-16              (1)  $10,000; and
   6-17              (2)  the difference between the amount of taxes paid or
   6-18  attempted to be paid and the amount of taxes due.
   6-19        (c)  The attorney general may recover a penalty under
   6-20  Subsection (b) in a suit brought on behalf of the state.  Venue for
   6-21  the suit is in Travis County.
   6-22        SECTION 5.  This Act takes effect September 1, 1995.
   6-23        SECTION 6.  The importance of this legislation and the
   6-24  crowded condition of the calendars in both houses create an
   6-25  emergency and an imperative public necessity that the
   6-26  constitutional rule requiring bills to be read on three several
   6-27  days in each house be suspended, and this rule is hereby suspended.