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 * * * * *