By Brimer                                             H.B. No. 3162

         Substitute the following for H.B. No. 3162:

         By Moffat                                         C.S.H.B. No. 3162

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the payment of a fee by commercial users to the

 1-3     Railroad Commission of Texas for the purchase of oil and gas data

 1-4     maintained in digital formats.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Article 6447a-1, Revised Statutes, is amended to

 1-7     read as follows:

 1-8           Art. 6447a-1.  DEFINITION.  In Articles 6447b-6447k

 1-9     [6447b-6447h], Revised Statutes, "commission" means the Railroad

1-10     Commission of Texas.

1-11           SECTION 2.  Title 112, Revised Statutes, is amended by adding

1-12     Article 6447k to read as follows:

1-13           (a)  The commission may charge fees, which it determines

1-14     reasonably necessary to develop systems and to sustain access to

1-15     commission digital data bases, for purchases of oil and gas data by

1-16     commercial users.  The commission shall adopt rules establishing

1-17     the rates and procedures for administering such fees.  Such oil and

1-18     gas data will be available to non-commercial users at rates

1-19     established by the General Services Commission.

1-20           (b)  For purposes of this article, "commercial user" means a

1-21     purchaser of computer tapes, computer printouts, information

1-22     accessed or copied electronically, and other forms of

1-23     computer-generated output, for the purpose of economic activity or

1-24     financial gain.

 2-1           (c)  A fee paid under this article shall be paid to the

 2-2     commission, which shall deposit all fees to its account with the

 2-3     comptroller of public accounts of the State of Texas.  The

 2-4     commission is authorized to pay the cost of all administration,

 2-5     operation, development, maintenance and enhancement of digital data

 2-6     bases for digital dissemination from fees collected pursuant to

 2-7     this chapter.

 2-8           (d)  The commission may adopt and enforce any appropriate

 2-9     rules or orders that it finds necessary to administer this article.

2-10           (e)  This article expires September 1, 2003.

2-11           SECTION 3.  This act takes effect September 1, 1997.

2-12           SECTION 4.  The importance of this legislation and the

2-13     crowded condition of the calendars in both houses create an

2-14     emergency and an imperative public necessity that the

2-15     constitutional rule requiring bills to be read on three several

2-16     days in each house be suspended, and the rule is hereby suspended.