By Holzheauser                                        H.B. No. 3491

         Substitute the following for H.B. No. 3491:

         By Craddick                                       C.S.H.B. No. 3491

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to tax exemptions on oil and gas production:

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Subchapter B, Chapter 201, Section 201.058 Tax

 1-5     Code, is amended to read as follows:

 1-6           Sec. 201.058.  Tax Exemptions.  (a)  The exemptions described

 1-7     by Sections 202.056, 202.057, and 202.059 apply to the taxes

 1-8     imposed by this chapter as authorized by and subject to the

 1-9     certification and approvals required by those sections.

1-10           (b)  Operators increasing production by marketing gas from an

1-11     oil well or lease that has been released into the air for 12 months

1-12     or more pursuant to the rules of the commission shall be entitled

1-13     to an exemption from the tax imposed by this chapter on the

1-14     production resulting from the marketing of such gas for the life of

1-15     the well or lease.

1-16           SECTION 2.  Subchapter B, Chapter 202, Tax Code, is amended

1-17     by adding Section 202.057 to read:

1-18           Sec. 202.057.  TAX CREDIT FOR INCREMENTAL PRODUCTION

1-19     TECHNIQUES.  (a)  In this section:

1-20                 (1)  "Baseline production" means a lease's average

1-21     monthly production during the four highest months of production in

1-22     the time period from January 1, 1996 through December 1996.

1-23                 (2)  "Commission" means Railroad Commission of Texas.

1-24                 (3)  "Incremental production" means production from a

 2-1     qualifying lease in excess of the baseline production.

 2-2                 (4)  "Incremental production techniques" means any

 2-3     primary, secondary or tertiary production enhancement technique

 2-4     which causes incremental production from an existing oil lease or

 2-5     from a newly drilled single completion well on an existing lease.

 2-6                 (5)  "Incremental ratio" means the amount of a

 2-7     qualifying lease's average monthly incremental production during

 2-8     the four-month period utilized to meet the definition of a

 2-9     qualifying lease divided by its average monthly total production

2-10     during the same four month period.

2-11                 (6)  "Qualifying lease" means a commission designated

2-12     oil lease whose production during the four-month period used in

2-13     computing the baseline is no more than seven (7) barrels-of-oil

2-14     equivalents (BOE) per day per well (excluding gas flared pursuant

2-15     to the rules of the commission) that has shown incremental

2-16     production for four (4) of five (5) consecutive months during the

2-17     effective period of this bill and after performing an incremental

2-18     production technique within the lease.  For purposes of qualifying

2-19     a lease, production per well per day is measured by dividing the

2-20     sum of lease production during the four highest months of

2-21     production in the baseline period by the sum of the number of

2-22     well-days, where a well day is one well producing for one day.

2-23                 (7)  "Qualified incremental production" means the

2-24     lease's monthly total production multiplied by the incremental

2-25     ratio.

2-26           (b)  An operator of a qualifying lease is entitled to a fifty

2-27     percent (50%) tax exemption on that lease's qualified incremental

 3-1     production for 5 years provided that:

 3-2                 (1)  the incremental production required to define a

 3-3     qualifying lease occurred after the effective date of this bill and

 3-4     before December 31, 1998; and

 3-5                 (2)  the operator of a qualifying lease applies to the

 3-6     Commission for a determination of a lease's incremental ratio

 3-7     before February 11, 1999; and

 3-8                 (3)  the operator provides to the Comptroller of Public

 3-9     Accounts a commission-certified incremental ratio.

3-10           (c)  If the Comptroller of Public Account's average taxable

3-11     price of crude oil reaches $25.00 per barrel, adjusted to 1997

3-12     dollars, for three consecutive months, then the tax credit under

3-13     this section shall be suspended until the price drops below $25.00

3-14     per barrel, adjusted to 1997 dollars, for three consecutive months.

3-15           (d)  If the tax is paid at the full rate provided by Section

3-16     201.052(a), 201.052(b), 202.052(a), or 202.052(b) before the

3-17     comptroller approves an application for an exemption provided in

3-18     this chapter, the operator is entitled to a credit against taxes

3-19     imposed by this chapter in an amount equal to the fifty percent

3-20     (50%) of the tax paid on the incremental production.  To receive a

3-21     credit, the operator must apply to the comptroller for the credit

3-22     not later that the first anniversary after the date the commission

3-23     certifies the incremental ratio for a qualifying lease.

3-24           (e)  The commission may enact rules necessary to administer

3-25     the provisions of this section.

3-26           SECTION 3.  This Act takes effect September 1, 1997.

3-27           SECTION 4.  The importance of this legislation and the

 4-1     crowded condition of the calendars in both houses create an

 4-2     emergency and an imperative public necessity that the

 4-3     constitutional rule requiring bills to be read on three several

 4-4     days in each house be suspended, and this rule is hereby suspended.