By Bivins                                              S.B. No. 250
       74R867 CBH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the taxation of certain natural resources.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subtitle I, Title 2, Tax Code, is amended by
    1-5  adding Chapter 205 to read as follows:
    1-6                    CHAPTER 205.  COAL AND LIGNITE
    1-7                      SUBCHAPTER A.  TAX IMPOSED
    1-8        Sec. 205.001.  Definitions.  In this chapter:
    1-9              (1)  "Coal" includes lignite.
   1-10              (2)  "Lignite" means coal commonly referred to as brown
   1-11  coal,  of intermediate grade between peat and bituminous coal.
   1-12              (3)  "Producer" means a person who owns, controls,
   1-13  manages, leases, or operates a lignite or coal mine or produces
   1-14  lignite or coal by gasification or other in situ process or any
   1-15  other method, system, or manner.
   1-16        Sec. 205.002.  TAX IMPOSED:  RATE.  (a)  A tax is imposed on
   1-17  each producer of coal.
   1-18        (b)  The tax imposed by this chapter is at a rate of $1.42
   1-19  for each ton of 2,000 pounds of coal produced in this state.
   1-20        (c)  Notwithstanding Subsection (b), the tax imposed by this
   1-21  chapter is at a rate of 53 cents for each ton of 2,000 pounds of
   1-22  coal produced in this state on or after January 1, 1996, and before
   1-23  September 1, 1998.
   1-24           (Sections 205.003-205.050 reserved for expansion
    2-1             SUBCHAPTER B.  RECORDS, PAYMENTS, AND REPORTS
    2-2        Sec. 205.051.  Producer's Records.  (a)  A producer shall
    2-3  keep a complete record of all coal that the producer produces in
    2-4  this state.  A producer is required to keep a record required by
    2-5  this section only until the fourth anniversary of the date of the
    2-6  last entry in the record.
    2-7        (b)  The record shall be open at all times to inspection by
    2-8  the comptroller and the attorney general.
    2-9        Sec. 205.052.  Producer's Reports.  (a)  On the last day of
   2-10  each January, April, July, and October each producer shall file a
   2-11  report with the comptroller on forms prescribed by the comptroller.
   2-12  The report must show the total amount of coal produced in this
   2-13  state by the person during the calendar quarter next preceding the
   2-14  day the report is due.
   2-15        (b)  A producer shall file other information or reports with
   2-16  the comptroller that the comptroller requires.
   2-17        (c)  The report shall be signed by the person making the
   2-18  report.  If the person is not an individual, the report shall be
   2-19  signed by the president, secretary, or other authorized officer.
   2-20        Sec. 205.053.  TAX DUE.  The tax imposed by this chapter for
   2-21  each quarter is due at the time that the report required by Section
   2-22  205.052 is required to be filed for the quarter.  Payment shall be
   2-23  to the comptroller.
   2-24           (Sections 205.054-205.100 reserved for expansion
   2-25               SUBCHAPTER C.  ENFORCEMENT AND PENALTIES
   2-26        Sec. 205.101.  Delinquent Tax Penalty.  (a)  A producer who
   2-27  fails to file a report as required by this chapter or who fails to
    3-1  pay the tax imposed by this chapter when due forfeits five percent
    3-2  of the amount due as a penalty, and if the producer fails to file
    3-3  the report or pay the tax on or before the 30th day after the date
    3-4  on which the tax or report is due, the producer forfeits an
    3-5  additional five percent.
    3-6        (b)  The minimum penalty under this section is $10.
    3-7        (c)  The attorney general, or a district or county attorney
    3-8  at the direction of the attorney general, shall bring suit in the
    3-9  name of the state to recover a delinquent tax imposed by this
   3-10  chapter and penalties and interest that have accrued from failure
   3-11  to pay the tax.
   3-12        Sec. 205.102.  Failure to Keep Records; Penalty.  (a)  A
   3-13  person who fails to keep a record that the person is required by
   3-14  this chapter to keep shall forfeit to the state a penalty of not
   3-15  less than $500 nor more than $5,000.
   3-16        (b)  A person is subject to a separate penalty for each 10
   3-17  days that the person fails to keep a record that the person is
   3-18  required by this chapter to keep.
   3-19           (Sections 205.103-205.150 reserved for expansion
   3-20                 SUBCHAPTER D.  CLASSIFICATION OF TAX
   3-21                       AND ALLOCATION OF REVENUE
   3-22        Sec. 205.151.  OCCUPATION TAX.  The tax imposed by this
   3-23  chapter is an occupation tax.
   3-24        Sec. 205.152.  TAX SET ASIDE.  One-half of one percent of the
   3-25  tax collected under this chapter shall be deposited in the state
   3-26  treasury for the use of the comptroller to administer and enforce
   3-27  the provisions of this chapter, to be expended in the amounts and
    4-1  for the purposes prescribed by the General Appropriations Act.
    4-2  Money deposited under this section that is not spent at the end of
    4-3  a fiscal year reverts proportionally to the other funds to which
    4-4  the tax imposed by this chapter is paid.
    4-5        Sec. 205.153.  ALLOCATION OF REVENUE.  After deducting the
    4-6  amount required to be deposited by Section 205.152, the comptroller
    4-7  shall deposit one-fourth of the revenue collected from the tax
    4-8  imposed by this chapter to the credit of the foundation school fund
    4-9  and three-fourths to the general revenue fund.
   4-10        SECTION 2.  Section 201.001, Tax Code, is amended by adding
   4-11  Subdivision (11) to read as follows:
   4-12              (11)  "Completion date" means the date on which a well
   4-13  is actually made capable of producing gas, as shown on the
   4-14  completion report filed with the Railroad Commission of Texas.
   4-15        SECTION 3.  Section 201.052, Tax Code, is amended by amending
   4-16  Subsection (a) and adding Subsection (c) to read as follows:
   4-17        (a)  Except as provided by Subsection (c), the <The> tax
   4-18  imposed by this chapter is at the rate of 7.5 percent of the market
   4-19  value of gas produced and saved in this state by the producer.
   4-20        (c)  For gas produced and saved by the producer from a well
   4-21  that has a completion date on or after September 1, 1995, the tax
   4-22  imposed by this chapter is at the rate of 4.6 percent of the market
   4-23  value of that gas.
   4-24        SECTION 4.  Section 201.054, Tax Code, is amended by amending
   4-25  Subsection (b) and adding Subsection (c) to read as follows:
   4-26        (b)  Except as provided by Subsection (c), the <The> rate of
   4-27  the tax imposed by this section is the same as the rate of the tax
    5-1  imposed by Section 201.052(a) <201.052 of this code>.
    5-2        (c)  For liquid hydrocarbons, other than condensate,
    5-3  recovered from gas produced in this state by the producer from a
    5-4  well that has a completion date on or after September 1, 1995, the
    5-5  rate of the tax imposed by this section is the same as the rate
    5-6  imposed by Section 201.052(c).
    5-7        SECTION 5.  This Act takes effect September 1, 1995, except
    5-8  that Chapter 205, Tax Code, as added by this Act, takes effect
    5-9  January 1, 1996.
   5-10        SECTION 6.  The importance of this legislation and the
   5-11  crowded condition of the calendars in both houses create an
   5-12  emergency and an imperative public necessity that the
   5-13  constitutional rule requiring bills to be read on three several
   5-14  days in each house be suspended, and this rule is hereby suspended.