74R12587 E
          By Holzheauser, et al.                                H.B. No. 1892
                                 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  hydrocarbons produced from wells that use new recovery techniques;
    1-4  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)  "New hydrocarbon recovery technique" means a
   2-18  hydrocarbon recovery technique that the commission determines:
   2-19                    (A)  is a previously unproven recovery,
   2-20  completion, or drilling technique; and
   2-21                    (B)  has a reasonable possibility of increasing
   2-22  the ultimate recovery of hydrocarbons.
   2-23              (4)  "Project" means a well or group of wells in a
   2-24  field for which an operator intends to employ a new hydrocarbon
   2-25  recovery technique.
   2-26              (5)  "Successful project" means a well or group of
   2-27  wells in a field for which the commission has determined that the
    3-1  use of a new hydrocarbon recovery technique has increased the
    3-2  ultimate recovery of hydrocarbons.
    3-3        Sec. 205.002.  TAX EXEMPTION FOR PROJECT AND SUCCESSFUL
    3-4  PROJECT.  (a)  Hydrocarbons produced from a well that is included
    3-5  in an approved project during the period specified by Section
    3-6  205.003(d) are exempt from the taxes imposed by Chapters 201 and
    3-7  202 in accordance with Section 205.003(d) if the comptroller has
    3-8  approved the tax exemption under Section 205.006.
    3-9        (b)  Hydrocarbons produced from a well in a successful
   3-10  project are exempt from the taxes imposed by Chapters 201 and 202
   3-11  in accordance with Sections 205.004(d) and 205.005(c) if the
   3-12  comptroller has approved the tax exemption under Section 205.006.
   3-13        Sec. 205.003.  APPLICATION FOR INITIAL PROJECT.  (a)  The
   3-14  operator of one or more wells in a field in which the operator
   3-15  intends to employ a new hydrocarbon technique must apply to the
   3-16  commission for approval of the project to be eligible for the tax
   3-17  exemption under Section 205.002.
   3-18        (b)  In addition to the other requirements of this chapter,
   3-19  the operator must include with the application a statement of the
   3-20  date on which the project begins and the date it will end, subject
   3-21  to commission approval, and any other information the commission
   3-22  requires.
   3-23        (c)  If the commission approves the project, the commission
   3-24  shall issue a certificate to each operator of a well included in
   3-25  the project.  The certificate must:
   3-26              (1)  include identification of each well in the
   3-27  project;
    4-1              (2)  state the length of the project; and
    4-2              (3)  state the date on which the tax exemption takes
    4-3  effect and the date on which it expires.
    4-4        (d)  The tax exemption is effective on the first day the
    4-5  project begins and expires on the 90th day after the date the
    4-6  project ends.
    4-7        (e)  The operator shall report to the commission the
    4-8  production results from the project not later than the 90th day
    4-9  after the date on which the project ends.
   4-10        Sec. 205.004.  APPLICATION FOR SUCCESSFUL PROJECT.  (a)  The
   4-11  operator of one or more wells included in a project approved under
   4-12  Section 205.003 may apply to the commission for certification of
   4-13  the project as a successful project.
   4-14        (b)  In addition to the other requirements of this chapter,
   4-15  the operator must include with the application:
   4-16              (1)  a copy of the certification issued under Section
   4-17  205.003 for that project;
   4-18              (2)  evidence in the form prescribed by the commission
   4-19  demonstrating that the new hydrocarbon recovery technique approved
   4-20  for that project actually increased the ultimate recovery of
   4-21  hydrocarbons; and
   4-22              (3)  any other information the commission requires.
   4-23        (c)  If the commission finds that the use of the new
   4-24  hydrocarbon recovery technique approved under Section 205.003
   4-25  increases the ultimate recovery of hydrocarbons, the commission
   4-26  shall issue a certificate to each operator of a well that
   4-27  participated in the successful project using the same new
    5-1  hydrocarbon recovery technique. The certificate must:
    5-2              (1)  include identification of each well qualifying
    5-3  under this section; and
    5-4              (2)  state the date on which the tax exemption takes
    5-5  effect.
    5-6        (d)  The tax exemption is effective on the first day of the
    5-7  first month after the date on which the commission receives the
    5-8  application for certification of the project as a successful
    5-9  project.
   5-10        Sec. 205.005.  APPLICATION FOR ADDITIONAL WELLS.  (a)  An
   5-11  operator of a well located in a field in which a successful project
   5-12  has been certified under Section 205.004 may apply to the
   5-13  commission for certification of the well under this section if the
   5-14  operator uses the same new hydrocarbon recovery technique approved
   5-15  by the commission for the successful project.
   5-16        (b)  The commission may not issue a certificate under this
   5-17  section to more than 100 wells in a field, including the original
   5-18  wells certified under Section 205.004, for using the same new
   5-19  hydrocarbon recovery technique.  The commission shall determine
   5-20  which wells qualify for certification.  The certificate must:
   5-21              (1)  include identification of each well qualifying
   5-22  under this section; and
   5-23              (2)  state the date on which the tax exemption takes
   5-24  effect.
   5-25        (c)  The tax exemption is effective on the first day of the
   5-26  first month after the date on which the commission receives the
   5-27  application under this section for certification of the well.
    6-1        Sec. 205.006.  APPLICATION FOR AND APPROVAL OF TAX EXEMPTION.
    6-2  (a)  To qualify for a tax exemption provided under this chapter for
    6-3  an initial project or a successful project, the person responsible
    6-4  for paying the tax must apply to the comptroller for the
    6-5  appropriate exemption and include with the application the
    6-6  certificate issued under Section 205.003, 205.004, or 205.005, as
    6-7  appropriate.
    6-8        (b)  The comptroller may require a person applying for the
    6-9  tax exemption to provide any information necessary to administer
   6-10  this section.
   6-11        (c)  The comptroller shall approve a person's application if
   6-12  the hydrocarbons are eligible for the tax exemption.
   6-13        Sec. 205.007.  REVOCATION OF CERTIFICATION.  (a)  The
   6-14  commission may revoke a certificate if the commission finds that
   6-15  the well was not eligible for that designation at the time of
   6-16  certification.
   6-17        (b)  The commission shall notify the operator and the
   6-18  comptroller that the certificate has been revoked.
   6-19        (c)  A tax exemption granted under this chapter is
   6-20  automatically revoked on the date the certificate is revoked, and
   6-21  hydrocarbon production from that well on or after the day after the
   6-22  date of revocation is not eligible for the tax exemption.
   6-23        Sec. 205.008.  COMMISSION DISCRETION AND RULES.  The
   6-24  commission has broad discretion in administering this chapter and
   6-25  may adopt and enforce any appropriate rules or orders that the
   6-26  commission finds necessary to administer this chapter.
   6-27        Sec. 205.009.  TAX CREDIT.  (a)  If the tax is paid under
    7-1  Chapter 201 or 202 on hydrocarbon production on or after the
    7-2  effective date of the tax exemption contained in the well
    7-3  certificate but before the date the comptroller approves the
    7-4  application for the tax exemption, the operator is entitled to a
    7-5  credit on taxes due under Chapter 201 or 202 in an amount equal to
    7-6  the tax paid on hydrocarbon production during that period.
    7-7        (b)  To receive a credit, the operator must apply to the
    7-8  comptroller for the credit not later than the first anniversary of
    7-9  the date the commission certifies the well.
   7-10        Sec. 205.010.  PENALTIES.  (a)  A person is subject to the
   7-11  penalties that may be imposed under Chapters 85 and 91, Natural
   7-12  Resources Code, if the person makes and submits to the commission
   7-13  or the comptroller an application, report, or other document that
   7-14  is used or intended to be used for a certification, tax exemption,
   7-15  or a tax credit under this chapter and the person knows that the
   7-16  application, report, or other document contains a false or untrue
   7-17  material fact.
   7-18        (b)  A person is liable to the state for a civil penalty if
   7-19  the person, after receiving notice from the commission that the
   7-20  person's certificate has been revoked, applies or attempts to apply
   7-21  for a tax exemption for that well using the revoked certificate.
   7-22  The amount of the penalty may not exceed the sum of:
   7-23              (1)  $10,000; and
   7-24              (2)  the difference between the amount of taxes paid or
   7-25  attempted to be paid and the amount of taxes due.
   7-26        (c)  The attorney general may recover a penalty under
   7-27  Subsection (b) in a suit brought on behalf of the state.  Venue for
    8-1  the suit is in Travis County.
    8-2        SECTION 5.  This Act takes effect September 1, 1995.
    8-3        SECTION 6.  The importance of this legislation and the
    8-4  crowded condition of the calendars in both houses create an
    8-5  emergency and an imperative public necessity that the
    8-6  constitutional rule requiring bills to be read on three several
    8-7  days in each house be suspended, and this rule is hereby suspended.