By Holzheauser                                        H.B. No. 3491

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                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 flared for 12 months or more

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

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

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

1-15     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     production from January 1995 through December 1995.

1-22                 (2)  "Commission" means Railroad Commission of Texas.

 2-1                 (3)  "Incremental production" means production from a

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

 2-3                 (4)  "Incremental production techniques" means any

 2-4     primary, secondary or tertiary production enhancement technique

 2-5     which causes incremental production from an existing oil lease or

 2-6     from a newly drilled single completion well on an existing lease.

 2-7                 (5)  "Incremental ratio" means the amount of a

 2-8     qualifying lease's average incremental production divided by its

 2-9     average total production for the four (4) months utilized to meet

2-10     the definition of a qualifying lease.

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

2-12     oil lease whose baseline production is no more than seven (7)

2-13     barrel-of-oil equivalents (BOE) per day per well (excluding gas

2-14     flared pursuant to the rules of the commission) that has shown

2-15     incremental production for four (4) of five (5) months following

2-16     baseline production determination.

2-17                 (7)  "Qualified incremental production" means the

2-18     lease's monthly total production multiplied by the incremental

2-19     ratio.

2-20           (b)  An operator of a qualifying lease is entitled to a fifty

2-21     percent (50%) tax exemption on that lease's qualified incremental

2-22     production for 5 years provided that:

2-23                 (1)  the incremental production required to define a

2-24     qualifying lease occurred after the effective date of this bill and

2-25     before December 31, 1998; and

2-26                 (2)  the operator of a qualifying lease applies to the

2-27     Commission for a determination of a lease's incremental ratio

 3-1     before February 11, 1999; and

 3-2                 (3)  the operator provides to the Comptroller of Public

 3-3     Accounts a commission-certified incremental ratio.

 3-4           (c)  If the Comptroller of Public Account's average taxable

 3-5     price of crude oil reaches $25.00 per barrel, adjusted to 1997

 3-6     dollars, for three consecutive months, then the tax credit under

 3-7     this section shall be suspended until the price drops below $25.00

 3-8     per barrel, adjusted to 1997 dollars, for three consecutive months.

 3-9           (d)  If the tax is paid at the full rate provided by Section

3-10     201.052(a), 201.052(b), 202.052(a), or 202.052(b) before the

3-11     comptroller approves an application for an exemption provided in

3-12     this chapter, the operator is entitled to a credit against taxes

3-13     imposed by this chapter in an amount equal to the fifty percent

3-14     (50%) of the tax paid on the incremental production.  To receive a

3-15     credit, the operator must apply to the comptroller for the credit

3-16     not later that the first anniversary after the date the commission

3-17     certifies the incremental ratio for a qualifying lease.

3-18           (e)  The commission may enact rules necessary to administer

3-19     the provisions of this section.

3-20           SECTION 3.  This Act takes effect September 1, 1997.

3-21           SECTION 4.  The importance of this legislation and the

3-22     crowded condition of the calendars in both houses create an

3-23     emergency and an imperative public necessity that the

3-24     constitutional rule requiring bills to be read on three several

3-25     days in each house be suspended, and this rule is hereby suspended.