By Hawley                                             H.B. No. 1164
         76R5501 DAK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to an exemption from the severance tax for oil and gas
 1-3     produced from certain wells under certain market conditions.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter B, Chapter 202, Tax Code, is amended
 1-6     by adding Section  202.060 to read as follows:
 1-7           Sec. 202.060.  EXEMPTION FOR OIL FROM CERTAIN WELLS UNDER
 1-8     CERTAIN MARKET CONDITIONS.  (a)  In this section:
 1-9                 (1)  "Commission" means the Railroad Commission of
1-10     Texas.
1-11                 (2)  "Qualifying lease" means a commission-designated
1-12     oil lease whose production during the three-month period is no more
1-13     than 15 barrels of oil per day per active producing well, excluding
1-14     gas flared pursuant to the rules of the commission.  For purposes
1-15     of qualifying a lease, production per well per day is determined by
1-16     computing the average daily per well production from the lease
1-17     using the P-1 monthly lease production report.
1-18                 (3)  "Spudded" has the meaning assigned that term by
1-19     Section 204.001.
1-20           (b)  The comptroller shall certify the dates that the monthly
1-21     average closing daily price of West Texas Intermediate crude oil is
1-22     below $15 per barrel, as recorded on the New York Mercantile
1-23     Exchange (NYMEX) for three consecutive months.
1-24           (c)  Oil is exempt from the severance tax imposed by this
 2-1     chapter if  the oil is produced from a well spudded during a
 2-2     three-month period certified by the comptroller under Subsection
 2-3     (b).  The exemption expires on the end of the month following the
 2-4     second anniversary of the date on which the well is completed.
 2-5           (d)  Oil produced from a qualifying lease  is exempt from the
 2-6     severance tax imposed by this chapter for each calendar month
 2-7     during a three-month period certified by the comptroller under
 2-8     Subsection (b).
 2-9           (e)  A person filing a report under this chapter must include
2-10     the number of barrels of oil purchased or produced during the
2-11     period covered by the report that are exempt under this section.
2-12           (f)  If the tax is paid on a barrel of oil exempt under this
2-13     section at the full rate provided by Section 202.052(a) or (b), the
2-14     person paying the tax is entitled to a credit against taxes imposed
2-15     by this chapter for the amount paid.  To receive the credit, the
2-16     person must apply to the comptroller for the credit not later than
2-17     the expiration of the applicable period for filing a tax refund
2-18     under Section 111.104.
2-19           (g)  To qualify for an exemption under Subsection (c), the
2-20     person responsible for paying the tax must certify to the
2-21     comptroller on a form prescribed by the comptroller the month in
2-22     which the well was spudded.
2-23           SECTION 2.  Subchapter B, Chapter 201, Tax Code, is amended
2-24     by adding Section 201.059  to read as follows:
2-25           Sec. 201.059.  EXEMPTION FOR GAS FROM CERTAIN WELLS UNDER
2-26     CERTAIN MARKET CONDITIONS.  (a)  In this section:
2-27                 (1)  "Commission" means the Railroad Commission of
 3-1     Texas.
 3-2                 (2)  "MCF" means 1,000 cubic feet of gas as measured in
 3-3     accordance with Section 91.052, Natural Resources Code.
 3-4                 (3)  "Qualifying lease" means a commission-designated
 3-5     oil lease or gas well whose production during the three-month
 3-6     period is no more than 90 MCF per day per well, excluding gas
 3-7     flared pursuant to the rules of the commission.  For purposes of
 3-8     qualifying a lease, production per well per day is determined by
 3-9     computing the average daily per well production from the lease
3-10     using the P-2 monthly lease production report.
3-11                 (4)  "Spudded" has the meaning assigned that term by
3-12     Section 204.001.
3-13           (b)  The comptroller shall certify the dates that the monthly
3-14     average closing price of gas is below $1.80 per MMBtu as recorded
3-15     on the New York Mercantile Exchange (NYMEX) for three consecutive
3-16     months.
3-17           (c)  Gas is exempt from the severance tax imposed by this
3-18     chapter if the gas is produced from a well spudded during a
3-19     three-month period certified by the comptroller under Subsection
3-20     (b).  The exemption expires on the end of the month following the
3-21     second anniversary of the date on which the well is completed.
3-22           (d)  Gas produced from a qualifying lease is exempt from the
3-23     severance tax imposed by this chapter for each calendar month
3-24     during a three-month period certified by the comptroller under
3-25     Subsection (b).
3-26           (e)  A person filing a report under this chapter must include
3-27     the gas purchased or produced during the period covered by the
 4-1     report that is exempt under this section.
 4-2           (f)  If the tax is paid on gas exempt under this section at
 4-3     the full rate provided by Section 201.052(a) or (b), the person
 4-4     paying the tax is entitled to a credit against taxes imposed by
 4-5     this chapter for the amount paid.  To receive the credit, the
 4-6     person must apply to the comptroller for the credit not later than
 4-7     the expiration of the applicable period for filing a tax refund
 4-8     under Section 111.104.
 4-9           (g)  To qualify for an exemption under Subsection (c), the
4-10     person responsible for paying the tax must certify to the
4-11     comptroller on a form  prescribed by the comptroller the month in
4-12     which the well was spudded.
4-13           SECTION 3.  (a)  This Act takes effect September 1, 1999.
4-14           (b)  The exemption from the tax imposed under Chapter 202,
4-15     Tax Code, by Section 202.060(c), Tax Code, as added by this Act,
4-16     applies only to oil produced from a well spudded on or after the
4-17     effective date of this Act.  The exemption from the tax imposed
4-18     under Chapter 202, Tax Code, by Section 202.060(d), as added by
4-19     this Act, applies only to oil produced on or after the effective
4-20     date of this Act.
4-21           (c)  The exemption from the tax imposed under Chapter 201,
4-22     Tax Code, by Section 201.059(c), Tax Code, as added by this Act,
4-23     applies only to gas produced from a well spudded on or after the
4-24     effective date of this Act.  The exemption from the tax imposed
4-25     under Chapter 202, Tax Code, by Section 201.059(d), as added by
4-26     this Act, applies only to gas produced on or after the effective
4-27     date of this Act.
 5-1           SECTION 4.  The importance of this legislation and the
 5-2     crowded condition of the calendars in both houses create an
 5-3     emergency and an imperative public necessity that the
 5-4     constitutional rule requiring bills to be read on three several
 5-5     days in each house be suspended, and this rule is hereby suspended.