1-1     By:  Brown, et al.                                     S.B. No. 290
 1-2           (In the Senate - Filed January 27, 1999; February 1, 1999,
 1-3     read first time and referred to Committee on Finance;
 1-4     February 4, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 9, Nays 0;
 1-6     February 4, 1999, sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 290                   By:  Fraser
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to a temporary exemption from the severance tax for oil
1-11     and gas produced from wells under certain market conditions.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subchapter B, Chapter 201, Tax Code, is amended
1-14     by adding Section 201.059 to read as follows:
1-15           Sec. 201.059.  TEMPORARY EXEMPTION FOR GAS FROM CERTAIN WELLS
1-16     UNDER CERTAIN MARKET CONDITIONS.  (a)  In this section:
1-17                 (1)  "Commission" means the Railroad Commission of
1-18     Texas.
1-19                 (2)  "Mcf" means 1,000 cubic feet of gas as measured in
1-20     accordance with Section 91.052, Natural Resources Code.
1-21                 (3)  "Qualifying well" means a commission-designated
1-22     gas well whose production during the three-month period beginning
1-23     on October 1, 1998, and ending on December 31, 1998, is no more
1-24     than 90 Mcf per day, excluding gas flared pursuant to the rules of
1-25     the commission.  For purposes of qualifying a gas well, production
1-26     per well per day is determined by computing the average daily
1-27     production from the well using the "P-2" monthly well production
1-28     report made to the commission.  The commission shall certify to the
1-29     comptroller a list of qualifying wells.
1-30           (b)  The comptroller shall certify the dates that the monthly
1-31     average closing price of gas is below $1.80 per MMBtu, as recorded
1-32     on the New York Mercantile Exchange (NYMEX), for three consecutive
1-33     months.  The comptroller shall perform the first certification
1-34     determination under this subsection for the three-month period
1-35     beginning on November 1, 1998.
1-36           (c)  Gas produced from a qualifying well or from a qualifying
1-37     lease under Section 202.060 on or after February 1, 1999, and
1-38     before August 1, 1999, is exempt from the severance tax imposed by
1-39     this chapter for each calendar month succeeding a three-month
1-40     period certified by the comptroller under Subsection (b).
1-41           (d)  A person filing a report under this chapter must include
1-42     the amount of the gas purchased or produced during the period
1-43     covered by the report that is exempt under this section.
1-44           (e)  If the tax is paid on gas exempt under this section at
1-45     the full rate provided by Section 201.052(a) or (b), the person
1-46     paying the tax is entitled to a credit against taxes imposed by
1-47     this chapter for the amount paid.  To receive the credit, the
1-48     person must apply to the comptroller for the credit not later than
1-49     the expiration of the applicable period for filing a tax refund
1-50     under Section 111.104.
1-51           (f)  This section expires on the earlier of September 1,
1-52     1999, or the last day of the month in which the total taxes
1-53     exempted under this section and Section 202.060 equal $45 million.
1-54     Beginning on March 1, 1999, the comptroller shall make a monthly
1-55     determination of the total taxes that have been exempted under this
1-56     section and Section 202.060.  If the comptroller determines that
1-57     the total taxes exempted under this section and Section 202.060
1-58     will exceed $45 million, the comptroller shall certify the month in
1-59     which this will occur and shall prorate the amount of the exemption
1-60     for that month.
1-61           (g)  The comptroller shall publish certifications under this
1-62     section in the Texas Register.
1-63           (h)  The exemption from severance taxes provided by this
1-64     section does not exempt the gas subject to the exemption from any
 2-1     other fees or taxes, including the fee imposed under Section
 2-2     81.117, Natural Resources Code.
 2-3           SECTION 2.  Subchapter B, Chapter 202, Tax Code, is amended
 2-4     by adding Section 202.060 to read as follows:
 2-5           Sec. 202.060.  TEMPORARY EXEMPTION FOR OIL FROM CERTAIN WELLS
 2-6     UNDER CERTAIN MARKET CONDITIONS.  (a)  In this section:
 2-7                 (1)  "Commission" means the Railroad Commission of
 2-8     Texas.
 2-9                 (2)  "Qualifying lease" means a commission-designated
2-10     oil lease whose production during the three-month period beginning
2-11     on October 1, 1998, and ending on December 31, 1998, is no more
2-12     than 15 barrels of oil per day per well.  For purposes of
2-13     qualifying a lease, production per well per day is determined by
2-14     computing the average daily per well production from the lease
2-15     using the "P-1" monthly lease production report made to the
2-16     commission.  For purposes of qualifying a lease, production per
2-17     well per day is measured by dividing the sum of lease production
2-18     during the three-month period by the sum of the number of
2-19     well-days, where a well-day is one well producing for one day.  The
2-20     commission shall certify to the comptroller a list of qualifying
2-21     leases.
2-22           (b)  The comptroller shall certify the dates that the monthly
2-23     average closing price of West Texas Intermediate crude oil is below
2-24     $15 per barrel, as recorded on the New York Mercantile Exchange
2-25     (NYMEX), for three consecutive months. The comptroller shall
2-26     perform the first certification determination under this subsection
2-27     for the three-month period beginning on November 1, 1998.
2-28           (c)  Oil produced from a qualifying lease on or after
2-29     February 1, 1999, and before August 1, 1999, is exempt from the
2-30     severance tax imposed by this chapter for each calendar month
2-31     succeeding a three-month period certified by the comptroller under
2-32     Subsection (b).
2-33           (d)  A person filing a report under this chapter must include
2-34     the number of barrels of oil purchased or produced during the
2-35     period covered by the report that are exempt under this section.
2-36           (e)  If the tax is paid on a barrel of oil exempt under this
2-37     section at the full rate provided by Section 202.052(a) or (b), the
2-38     person paying the tax is entitled to a credit against taxes imposed
2-39     by this chapter for the amount paid.  To receive the credit, the
2-40     person must apply to the comptroller for the credit not later than
2-41     the expiration of the applicable period for filing a tax refund
2-42     under Section 111.104.
2-43           (f)  This section expires on the earlier of September 1,
2-44     1999, or the last day of the month in which the total taxes
2-45     exempted under this section and Section 201.059 equal $45 million.
2-46     Beginning on March 1, 1999, the comptroller shall make a monthly
2-47     determination of the total taxes that have been exempted under this
2-48     section and Section 201.059.  If the comptroller determines that
2-49     the total taxes exempted under this section and Section 201.059
2-50     will exceed $45 million, the comptroller shall certify the month in
2-51     which this will occur and shall prorate the amount of the exemption
2-52     for that month.
2-53           (g)  The comptroller shall publish certifications under this
2-54     section in the Texas Register.
2-55           (h)  The exemption from severance taxes provided by this
2-56     section does not exempt the oil subject to the exemption from any
2-57     other fees or taxes, including the fee imposed under Section
2-58     81.116, Natural Resources Code.
2-59           SECTION 3.  The importance of this legislation and the
2-60     crowded condition of the calendars in both houses create an
2-61     emergency and an imperative public necessity that the
2-62     constitutional rule requiring bills to be read on three several
2-63     days in each house be suspended, and this rule is hereby suspended,
2-64     and that this Act take effect and be in force from and after its
2-65     passage, and it is so enacted.
2-66                                  * * * * *