By Brown, et al.                                       S.B. No. 290
         76R4302 CBH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to a temporary exemption from the severance tax for oil
 1-3     and gas produced from 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 201, Tax Code, is amended
 1-6     by adding Section 201.059 to read as follows:
 1-7           Sec. 201.059.  TEMPORARY EXEMPTION FOR GAS FROM CERTAIN WELLS
 1-8     UNDER CERTAIN MARKET CONDITIONS.  (a)  In this section:
 1-9                 (1)  "Commission" means the Railroad Commission of
1-10     Texas.
1-11                 (2)  "Mcf" means 1,000 cubic feet of gas as measured in
1-12     accordance with Section 91.052, Natural Resources Code.
1-13                 (3)  "Qualifying lease" means a commission-designated
1-14     oil lease or gas well whose production during the three-month
1-15     period is no more than 90 Mcf per day per well, excluding gas
1-16     flared pursuant to the rules of the commission.  For purposes of
1-17     qualifying a lease, production per well per day is determined by
1-18     computing the average daily per well production from the lease
1-19     using the "P-1" monthly lease production report made to the
1-20     commission beginning in January 1999.
1-21           (b)  The comptroller shall certify the dates that the monthly
1-22     average closing price of gas is below $1.80 per MMBtu, as recorded
1-23     on the New York Mercantile Exchange (NYMEX), for three consecutive
1-24     months.  The comptroller shall perform the first certification
 2-1     determination under this subsection for the three-month period
 2-2     beginning on November 1, 1998.
 2-3           (c)  Gas produced from a qualifying lease on or after
 2-4     February 1, 1999, and before August 1, 1999, is exempt from the
 2-5     severance tax imposed by this chapter for each calendar month
 2-6     succeeding a three-month period certified by the comptroller under
 2-7     Subsection (b).
 2-8           (d)  A person filing a report under this chapter must include
 2-9     the amount of the gas purchased or produced during the period
2-10     covered by the report that is exempt under this section.
2-11           (e)  If the tax is paid on gas exempt under this section at
2-12     the full rate provided by Section 201.052(a) or (b), the person
2-13     paying the tax is entitled to a credit against taxes imposed by
2-14     this chapter for the amount paid.  To receive the credit, the
2-15     person must apply to the comptroller for the credit not later than
2-16     the expiration of the applicable period for filing a tax refund
2-17     under Section 111.104.
2-18           (f)  This section expires on the earlier of September 1,
2-19     1999, or the last day of the month in which the total taxes
2-20     exempted under this section and Section 202.060 equal $45 million.
2-21     Beginning on March 1, 1999, the comptroller shall make a monthly
2-22     determination of the total taxes that have been exempted under this
2-23     section and Section 202.060.  If the comptroller determines that
2-24     the total taxes exempted under this section and Section 202.060
2-25     will exceed $45 million, the comptroller shall certify the month in
2-26     which this will occur and shall prorate the amount of the exemption
2-27     for that month.
 3-1           (g)  The comptroller shall publish certifications under this
 3-2     section in the Texas Register.
 3-3           SECTION 2.  Subchapter B, Chapter 202, Tax Code, is amended
 3-4     by adding Section 202.060 to read as follows:
 3-5           Sec. 202.060.  TEMPORARY EXEMPTION FOR OIL FROM CERTAIN WELLS
 3-6     UNDER CERTAIN MARKET CONDITIONS.  (a)  In this section:
 3-7                 (1)  "Commission" means the Railroad Commission of
 3-8     Texas.
 3-9                 (2)  "Qualifying lease" means a commission-designated
3-10     oil lease whose production during the three-month period is no more
3-11     than 15 barrels of oil per day per well, excluding gas flared
3-12     pursuant to the rules of the commission.  For purposes of
3-13     qualifying a lease, production per well per day is determined by
3-14     computing the average daily per well production from the lease
3-15     using the "P-1" monthly lease production report made to the
3-16     commission beginning in January 1999.
3-17           (b)  The comptroller shall certify the dates that the monthly
3-18     average closing price of West Texas Intermediate crude oil is below
3-19     $15 per barrel, as recorded on the New York Mercantile Exchange
3-20     (NYMEX), for three consecutive months. The comptroller shall
3-21     perform the first certification determination under this subsection
3-22     for the three-month period beginning on November 1, 1998.
3-23           (c)  Oil produced from a qualifying lease on or after
3-24     February 1, 1999, and before August 1, 1999, is exempt from the
3-25     severance tax imposed by this chapter for each calendar month
3-26     succeeding a three-month period certified by the comptroller under
3-27     Subsection (b).
 4-1           (d)  A person filing a report under this chapter must include
 4-2     the number of barrels of oil purchased or produced during the
 4-3     period covered by the report that are exempt under this section.
 4-4           (e)  If the tax is paid on a barrel of oil exempt under this
 4-5     section at the full rate provided by Section 202.052(a) or (b), the
 4-6     person paying the tax is entitled to a credit against taxes imposed
 4-7     by this chapter for the amount paid.  To receive the credit, the
 4-8     person must apply to the comptroller for the credit not later than
 4-9     the expiration of the applicable period for filing a tax refund
4-10     under Section 111.104.
4-11           (f)  This section expires on the earlier of September 1,
4-12     1999, or the last day of the month in which the total taxes
4-13     exempted under this section and Section 201.059 equal $45 million.
4-14     Beginning on March 1, 1999, the comptroller shall make a monthly
4-15     determination of the total taxes that have been exempted under this
4-16     section and Section 201.059.  If the comptroller determines that
4-17     the total taxes exempted under this section and Section 201.059
4-18     will exceed $45 million, the comptroller shall certify the month in
4-19     which this will occur and shall prorate the amount of the exemption
4-20     for that month.
4-21           (g)  The comptroller shall publish certifications under this
4-22     section in the Texas Register.
4-23           SECTION 3.  The importance of this legislation and the
4-24     crowded condition of the calendars in both houses create an
4-25     emergency and an imperative public necessity that the
4-26     constitutional rule requiring bills to be read on three several
4-27     days in each house be suspended, and this rule is hereby suspended,
 5-1     and that this Act take effect and be in force from and after its
 5-2     passage, and it is so enacted.