LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  April 15, 1997
         
         
      TO: Honorable Tom Craddick, Chair            IN RE:  House Bill No. 3491
          Committee on Ways & Means                              By: Holzheauser
          House
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on HB3491 ( Relating 
to tax exemptions on oil and gas production.) this office has 
detemined the following:
         
         Biennial Net Impact to General Revenue Funds by HB3491-As Introduced
         
Implementing the provisions of the bill would result in a net 
negative impact of $(7,340,894) to General Revenue Related Funds 
through the biennium ending August 31, 1999.
         

         
 
Fiscal Analysis
 
The bill would amend Chapter 201 and 202 of the Tax Code to 
exempt from one half the oil and gas severance tax a proportion 
of the production of oil or gas from certain oil leases.  The 
exemption would last for five years.  To qualify, a lease would 
be required to show an increase in production over average lease 
production in a baseline year, calendar 1995.  No particular 
action on the lease would be required to qualify for the exemption. 
 The bill would define certain incremental production techniques, 
but it would not require any to be implemented to qualify for 
the tax rate reduction.  The bill would exempt from the gas 
severance tax any gas previously flared from an oil well or 
oil lease but now sold.

To receive a credit, the operator 
would be required to apply to the Comptroller no later than 
the first anniversary after the date the Railroad Commission 
certified the incremental ratio for a qualifying lease.

The 
measure of incremental lease production would be divided by 
average total lease production during the four-month test period 
used in qualifying a lease to compute an incremental ratio. 
 This ratio, held constant through the five-year duration of 
an exemption, would be multiplied times total lease production 
in any future month to get the volume of oil or gas that would 
be exempt from one half of the applicable severance tax.  A 
ratio, once established for a lease, would exempt that proportion 
of lease production from severance taxes each month for five 
years unless the taxable price of oil, measured in 1997 price 
equivalent, rose above $25 per barrel and remained so for three 
consecutive months.  If the taxable price of oil dropped and 
remained below $25 per barrel, in 1997 price equivalent, for 
three consecutive months, the rate reduction would become operational 
again. 

The bill would take effect September 1, 1997.
 
Methodolgy
 
The bill would apply only to oil leases, but oil or gas produced 
from a lease would be given the half-rate exemption.  Baseline 
production would be defined as the average production of oil 
and gas from a lease during calendar 1995.  The universe of 
leases that potentially could qualify are those with baseline 
production not to exceed seven barrels of oil equivalent (BOE) 
per well per day within a lease.  The bill does not specify 
that the number of wells to be used in computing baseline lease 
production have to be producing wells.

Railroad Commission 
data for 1995 was used to determine leases with average well 
yields of seven BOE or less per day.  The four-out-of-five month 
criteria specified in the bill was used to determine the volume 
of incremental production that would qualify for the reduced 
tax rate.  This volume of production is presumed to be an increment 
of oil or gas production that would be forthcoming in the absence 
of any inducement beyond ordinary business incentives.
The probable fiscal implications of Implementing the provisions 
of the bill during each of the first five years following passage 
is estimated as follows:
 
Five Year Impact:
 
Fiscal Year Probable Revenue   
            Gain/(Loss) from                                                                              
            General Revenue                                                                               
            Fund                                                                                          
            0001                                                                                           
       1998      ($3,699,582)                                                                        
       1998       (3,641,312)                                                                        
       2000       (3,588,901)                                                                        
       2001       (3,542,862)                                                                        
       2002       (3,496,669)                                                                        
 
 
         Net Impact on General Revenue Related Funds:
 
The probable fiscal implication to General Revenue related funds 
during each of the first five years is estimated as follows:
 
              Fiscal Year      Probable Net Postive/(Negative)
                               General Revenue Related Funds
                                             Funds
               1998         ($3,699,582)
               1999          (3,641,312)
               2000          (3,588,901)
               2001          (3,542,862)
               2002          (3,496,669)
 
Similar annual fiscal implications would continue as long as 
the provisions of the bill are in effect.
          
State tax measures that induce petroleum production from properties 
heretofore not operating at full capacity  increase the value 
of such properties to local taxing jurisdictions.  The degree 
of increase is not definite due to uncertainty as to the future 
price of crude oil and natural gas and the number of wells that 
would be entered into such production incentive programs.
          
   Source:            Agencies:   455   Railroad Commission
                                         304   Comptroller of Public Accounts
                                         
                      LBB Staff:   JK ,RR ,CT