TYH S.B. 290 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 290
By: Brown
Ways & Means
2/19/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, state law requires the State of Texas to collect severance taxes
for each barrel of oil and each Mcf (thousand cubic feet) of gas produced
in the state.  As the price for oil and gas declines, "stripper wells"
producing minimal amounts of oil or gas are often shut down until more
favorable conditions arise.  S.B. 290 sets forth a quarterly certification
determination system which temporarily waives the severance tax imposed on
certain oil and gas produced if either the monthly average closing price of
gas is below $1.80 per MMBtu or the monthly average closing price of oil is
below $15 per barrel, as recorded on the New York Mercantile Exchange. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter B, Chapter 201, Tax Code, by adding Section
201.059, as follows: 

Sec. 201.059.  TEMPORARY EXEMPTION FOR GAS FROM CERTAIN WELLS UNDER CERTAIN
MARKET CONDITIONS.  (a)  Defines the following terms for the purpose of
this section: "commission,""Mcf," and "qualifying well."  

(b)  Requires the comptroller  of public accounts (comptroller) to certify
the dates that the monthly average closing price of gas is below $1.80 per
MMBtu, as recorded on the New York Mercantile Exchange (NYMEX), for three
consecutive months beginning on November 1, 1998.  

(c)  Provides that gas produced from a qualifying lease on or after
February 1, 1999, and before August 1, 1999, is exempt from the severance
tax imposed by this chapter for each calendar month following a three-month
period certified by the comptroller under Subsection (b).  
 
(d)  Provides that a person filing a report under this chapter must include
the amount of the gas purchased or produced during the period covered by
the report that is exempt under this section.  

(e)  Provides that if the tax is paid on gas exempt under this section at
the full rate provided by Section 201.052(a) or (b) (Rate of Tax), the
person paying the tax is entitled to a credit against taxes imposed for the
amount paid.  Provides that to receive the credit, the person must apply to
the comptroller for the credit not later than the expiration of the
applicable period for filing a tax refund under Section 111.104 (Refunds).  
 
(f)  Provides that this section expires on the earlier of September 1,
1999, or the last day of the month in which the total taxes exempted under
this section and Section 202.060 equal $45 million.  Requires the
comptroller to make a monthly determination of the total taxes that have
been exempted under this section and Section 202.060, beginning on March 1,
1999.  Requires the comptroller to certify the month in which this will
occur and  to prorate the amount of the exemption for that month, if the
comptroller determines that the total taxes exempted under this section and
Section 202.060 will exceed $45 million. 
 
(g)  Requires the comptroller to publish certifications in the Texas
Register.  

(h)  Provides that the exemption from severance taxes does not exempt the
gas subject to exemption from any other fees or taxes, including the fee
imposed under Section 81.117, Natural Resources Code (Oil-Field Cleanup
Regulatory Fee on Gas). 


SECTION 2.  Amends Subchapter B, Chapter 202, Tax Code, by adding Section
202.060, as follows: 

Sec. 202.060.  TEMPORARY EXEMPTION FOR OIL FROM CERTAIN WELLS UNDER CERTAIN
MARKET CONDITIONS.  (a)  Defines the following terms for purpose of this
section: "commission" and "qualifying lease." 
 
(b)  Requires the comptroller to certify the dates that the monthly average
closing price of West Texas Intermediate crude oil is below $15 per barrel,
as recorded on the New York Mercantile Exchange (NYMEX), for three
consecutive months beginning on November 1, 1998.  

(c)  Provides that oil produced from a qualifying lease on or after
February 1, 1999, and before August 1, 1999, is exempt from the severance
tax imposed by this chapter for each calendar month following a three-month
period certified by the comptroller under Subsection (b).  
 
(d)  Provides that a person filing a report under this chapter must include
the number of barrels of oil purchased or produced during the period
covered by the report that are exempt under this section.  
 
(e)  Provides that if the tax is paid on a barrel of oil exempt under this
section at the full rate provided by Section 202.052(a) or (b) (Rate of
Tax), the person paying the tax is entitled to a credit against taxes
imposed by this chapter for the amount paid,.  Provides that, to receive
the credit, the person must apply to the comptroller for the credit not
later than the expiration of the applicable period for filing a tax refund
under Section 111.104.  
 
(f)  Provides that this section expires on the earlier of September 1,
1999, or the last day of the month in which the total taxes exempted under
this section and Section 201.059 equal $45 million.  Requires the
comptroller to make a monthly determination of the total taxes that have
been exempted under this section and Section 201.059, beginning on March 1,
1999.  Requires the comptroller to certify the month in which this will
occur and to prorate the amount of the exemption for that month, if the
comptroller determines that the total taxes exempted under this section and
Section 201.059 will exceed $45 million.  
 
(g)  Requires the comptroller to publish certifications in the Texas
Register.  

(h)  Provides that the exemption from severance taxes does not exempt the
oil subject to exemption from any other fees or taxes, including the fee
imposed under Section 81.116, Natural Resources Code (Oil-Field Cleanup
Regulatory Fee on Oil). 

SECTION 3.  Emergency clause.
  Effective date: upon passage.