1-1     By:  Wentworth                                        S.B. No. 1440

 1-2           (In the Senate - Filed March 13, 1997; March 19, 1997, read

 1-3     first time and referred to Committee on Finance; May 6, 1997,

 1-4     reported adversely, with favorable Committee Substitute by the

 1-5     following vote:  Yeas 7, Nays 0; May 6, 1997, sent to printer.)

 1-6     COMMITTEE SUBSTITUTE FOR S.B. No. 1440               By:  Wentworth

                                A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to tax exemptions on oil and gas production.

 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-10           SECTION 1.  Section 201.058, Tax Code, is amended to read as

1-11     follows:

1-12           Sec. 201.058.  TAX EXEMPTIONS.  (a)  The exemptions described

1-13     by Sections 202.056, 202.057, and 202.059 apply to the taxes

1-14     imposed by this chapter as authorized by and subject to the

1-15     certifications and approvals required by those sections.

1-16           (b)  Operators increasing production by marketing gas from an

1-17     oil well or lease that has been released into the air for 12 months

1-18     or more pursuant to the rules of the commission shall be entitled

1-19     to an exemption from the tax imposed by this chapter on the

1-20     production resulting from the marketing of such gas for the life of

1-21     the well or lease.

1-22           SECTION 2.  Subchapter B, Chapter 202, Tax Code, is amended

1-23     by adding Section 202.057 to read as follows:

1-24           Sec. 202.057.  TAX CREDIT FOR INCREMENTAL PRODUCTION

1-25     TECHNIQUES.  (a) In this section:

1-26                 (1)  "Baseline production" means a lease's average

1-27     monthly production during the four highest months of production in

1-28     the time period from January 1, 1996, through December 31, 1996.

1-29                 (2)  "Commission" means the Railroad Commission of

1-30     Texas.

1-31                 (3)  "Incremental production" means production from a

1-32     qualifying lease in excess of the baseline production.

1-33                 (4)  "Incremental production technique" means any

1-34     secondary or tertiary production enhancement technique.  For wells

1-35     in primary production, the use of incremental production techniques

1-36     means that an expenditure of at least $5,000 must have been made to

1-37     cause increased production.  Operators must certify to the

1-38     commission that such expenditure has been made to qualify for the

1-39     tax exemption.  The incremental production techniques listed in

1-40     this subdivision must cause incremental production from an existing

1-41     oil lease or from a newly drilled single-completion well on an

1-42     existing lease.

1-43                 (5)  "Incremental ratio" means the amount of a

1-44     qualifying lease's average monthly incremental production during

1-45     the four-month period used to meet the definition of a qualifying

1-46     lease divided by its average monthly total production during the

1-47     same four-month period.

1-48                 (6)  "Qualifying lease" means a commission-designated

1-49     oil lease whose production during the four-month period used in

1-50     computing the baseline is no more than seven barrels of oil

1-51     equivalents per day per well, excluding gas flared pursuant to the

1-52     rules of the commission, and which has shown incremental production

1-53     for four of five consecutive months during the effective period of

1-54     this bill and after performing an incremental production technique

1-55     within the lease.  For purposes of qualifying a lease, production

1-56     per well per day is measured by dividing the sum of lease

1-57     production during the four highest months of production in the

1-58     baseline period by the sum of the number of well-days, where a

1-59     well-day is one well producing for one day.

1-60                 (7)  "Qualified incremental production" means the

1-61     lease's monthly total production multiplied by the incremental

1-62     ratio.

1-63           (b)  An operator of a qualifying lease is entitled to a 50

1-64     percent tax exemption on that lease's qualified incremental

 2-1     production for five years provided that:

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

 2-3     qualifying lease occurred after September 1, 1997, and before

 2-4     December 31, 1998;

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

 2-6     commission for a determination of a lease's incremental ratio

 2-7     before February 11, 1999; and

 2-8                 (3)  the operator provides to the comptroller a

 2-9     commission-certified incremental ratio.

2-10           (c)  If the comptroller's average taxable price of crude oil

2-11     reaches $25 per barrel, adjusted to 1997 dollars, for three

2-12     consecutive months, the tax credit under this section shall be

2-13     suspended until the price drops below $25 per barrel, adjusted to

2-14     1997 dollars, for three consecutive months.

2-15           (d)  If the tax is paid at the full rate provided by Section

2-16     201.052(a) or (b) or Section 202.052(a) or (b) before the

2-17     comptroller approves an application for an exemption provided in

2-18     this chapter, the operator is entitled to a credit against taxes

2-19     imposed by this chapter in an amount equal to 50 percent of the tax

2-20     paid on the incremental production.  To receive the credit, the

2-21     operator must apply to the comptroller for the credit not later

2-22     than the first anniversary after the date the commission certifies

2-23     the incremental ratio for a qualifying lease.

2-24           (e)  The commission may enact rules necessary to administer

2-25     the provisions of this section.

2-26           SECTION 3.  This Act takes effect September 1, 1997.

2-27           SECTION 4.  The importance of this legislation and the

2-28     crowded condition of the calendars in both houses create an

2-29     emergency and an imperative public necessity that the

2-30     constitutional rule requiring bills to be read on three several

2-31     days in each house be suspended, and this rule is hereby suspended.

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