1-1  By:  Ellis                                             S.B. No. 905
    1-2        (In the Senate - Filed March 2, 1995; March 6, 1995, read
    1-3  first time and referred to Committee on Natural Resources;
    1-4  March 29, 1995, reported favorably, as amended, by the following
    1-5  vote:  Yeas 11, Nays 0; March 29, 1995, sent to printer.)
    1-6  COMMITTEE AMENDMENT NO. 1                                By:  Brown
    1-7  Amend S.B. No. 905 by striking the number "15" at page 1, line 17
    1-8  (committee printing line    ), and substituting in its place the
    1-9  number "50."
   1-10  COMMITTEE AMENDMENT NO. 2                                By:  Brown
   1-11  Amend S. B. No. 905 by inserting a new Section 2 at page 3, line 14
   1-12  (committee printing page   , line    ), to read as follows, and
   1-13  renumbering Sections 2 and 3.
   1-14        SECTION 2.  Subchapter D, Chapter 66, Education Code, is
   1-15  amended by adding Section 66.84 to read as follows:
   1-16        Sec. 66.84.  MARGINAL PROPERTY ROYALTY RATES.  (a)  In this
   1-17  section:
   1-18              (1)  "Barrel of oil equivalent" means 6,000 cubic feet
   1-19  of natural gas per 42-gallon barrel of crude oil.
   1-20              (2)  "Lease" or "leases" means an oil and gas lease
   1-21  issued or approved by the state that is valid and in force on or
   1-22  after the effective date of this section.
   1-23              (3)  "Qualifying property" means land subject to a
   1-24  lease issued under this subchapter.
   1-25              (4)  "Qualifying reservoir" means a reservoir having an
   1-26  average daily per well production equal to or less than 15 barrels
   1-27  of oil equivalent during a period established by the board by rule
   1-28  and underlying either:
   1-29                    (A)  a qualifying property; or
   1-30                    (B)  a pooled unit including a qualifying
   1-31  property.
   1-32              (5)  "Reservoir" has the same meaning as "common
   1-33  reservoir" as defined in Section 86.002, Natural Resources Code.
   1-34        (b)  The board may provide by rule that the royalty rate for
   1-35  qualifying reservoirs may be reduced to not less than one-sixteenth
   1-36  (6.25 percent).
   1-37        (c)  If a qualifying reservoir for which royalty rate
   1-38  reduction is sought under this section is included in a unit
   1-39  subject to the authority of the board, the board may modify the
   1-40  terms and conditions of the unit as a condition of approving a
   1-41  reduction in the royalty rate.
   1-42                         A BILL TO BE ENTITLED
   1-43                                AN ACT
   1-44  relating to royalty rates applicable to certain oil and gas
   1-45  properties on public lands.
   1-46        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-47        SECTION 1.  Subchapter C, Chapter 32, Natural Resources Code,
   1-48  is amended by adding Section 32.067 to read as follows:
   1-49        Sec. 32.067.  MARGINAL PROPERTY ROYALTY RATES.  (a)  In this
   1-50  section:
   1-51              (1)  "Barrel of oil equivalent" means 6,000 cubic feet
   1-52  of natural gas for each 42-gallon barrel of crude oil.
   1-53              (2)  "Qualifying Gulf of Mexico property" means  land
   1-54  described in Section 52.011(2) that is subject to a lease issued
   1-55  under Subchapter B, Chapter 52.
   1-56              (3)  "Qualifying Gulf of Mexico reservoir" means a
   1-57  reservoir that:
   1-58                    (A)  during a period established by board rule
   1-59  has an average daily per well production equal to or less than 15
   1-60  barrels of oil or barrels of oil equivalent; and
   1-61                    (B)  underlies:
   1-62                          (i)  a qualifying Gulf of Mexico property;
   1-63  or
   1-64                          (ii)  a pooled unit that includes a
   1-65  qualifying Gulf of Mexico property.
   1-66              (4)  "Qualifying property" means land subject to a
   1-67  lease issued under this chapter, under Subchapter E, Chapter 51, or
   1-68  under Chapter 52.
    2-1              (5)  "Qualifying reservoir" means a reservoir that:
    2-2                    (A)  during a period established by board rule
    2-3  has an average daily per well production equal to or less than 15
    2-4  barrels of oil or barrels of oil equivalent; and
    2-5                    (B)  underlies:
    2-6                          (i)  a qualifying property; or
    2-7                          (ii)  a pooled unit that includes a
    2-8  qualifying property.
    2-9              (6)  "Reservoir" has the same meaning as "common
   2-10  reservoir" as that term is defined in Section 86.002.
   2-11        (b)  The board by rule may provide for the reduction of
   2-12  royalty rates as provided by this section.
   2-13        (c)  The royalty rate for oil and gas produced from a
   2-14  qualifying reservoir may be reduced to not less than one-sixteenth
   2-15  (6.25 percent).
   2-16        (d)  The royalty rate for the state's share under a lease
   2-17  issued under Subchapter F, Chapter 52, or Sections 51.195(c)(2) and
   2-18  (d) may be reduced under this section to not less than
   2-19  one-thirty-second (3.125 percent).  The state's royalty rate may be
   2-20  reduced under this subsection only if the royalty rate for the
   2-21  owner of the soil is reduced in the same proportion.
   2-22        (e)  The royalty rate under a lease issued under Subchapter
   2-23  C, Chapter 52, may not be reduced to a rate that is lower than the
   2-24  rate under lease of land that:
   2-25              (1)  adjoins the land leased under Subchapter C; and
   2-26              (2)  is held or operated by, or under the significant
   2-27  control of, the state's lessee.
   2-28        (f)  The royalty rate under a lease issued under Subchapter F
   2-29  of this chapter may not be reduced to a rate that is lower than the
   2-30  rate under a lease of land that adjoins the land leased under
   2-31  Subchapter F.
   2-32        (g)  If a qualifying reservoir for which a royalty rate
   2-33  reduction is sought under this section is included in a unit
   2-34  subject to the board's authority, the board may modify the terms
   2-35  and conditions for the unit as a condition of approving the
   2-36  requested reduction in the royalty rate.
   2-37        (h)  This section does not apply to the free royalty reserved
   2-38  by the state under Section 51.054.
   2-39        SECTION 2.  Section 32.067, Natural Resources Code, as added
   2-40  by this Act, applies to the royalty rate under a lease issued or
   2-41  approved by the state that is in effect on, or takes effect on or
   2-42  after, the effective date of this Act.
   2-43        SECTION 3.  The importance of this legislation and the
   2-44  crowded condition of the calendars in both houses create an
   2-45  emergency and an imperative public necessity that the
   2-46  constitutional rule requiring bills to be read on three several
   2-47  days in each house be suspended, and this rule is hereby suspended,
   2-48  and that this Act take effect and be in force from and after its
   2-49  passage, and it is so enacted.
   2-50                               * * * * *