By King of Uvalde                                      H.B. No. 981
         77R1693 QS-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to oil and gas royalty reporting standards.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Sections 91.502 and 91.506, Natural Resources
 1-5     Code, are amended to read as follows:
 1-6           Sec. 91.502.  TYPES OF INFORMATION PROVIDED.  (a) Each check
 1-7     stub or attachment to a payment form must include:
 1-8                 (1)  the lease, property, or well name or any lease,
 1-9     property, or well identification number used to identify the lease,
1-10     property, or well and each county and the state in which the lease,
1-11     property, or well is located;
1-12                 (2)  the month and year during which the sales occurred
1-13     for which payment is being made;
1-14                 (3)  the total number of barrels of oil or the total
1-15     amount of gas sold and the total number of gallons of each type of
1-16     natural gas liquid sold;
1-17                 (4)  the Btu factor for gas sold;
1-18                 (5)  the price per barrel or per MCF of oil or gas sold
1-19     and the price per gallon of each type of natural gas liquid sold;
1-20                 (6) [(5)]  the total amount of state severance and
1-21     other production taxes paid;
1-22                 (7) [(6)]  the windfall profit tax paid on the owner's
1-23     interest;
1-24                 (8)  the amount and purpose of [(7)] any other
 2-1     deduction [deductions] or adjustment, including any deduction for
 2-2     compression, dehydration, treatment, marketing, or transportation
 2-3     [adjustments];
 2-4                 (9) [(8)]  the net value of total sales after
 2-5     deductions;
 2-6                 (10) [(9)]  the owner's interest in sales from the
 2-7     lease, property, or well expressed as a decimal;
 2-8                 (11) [(10)]  the owner's share of the total value of
 2-9     sales before any tax deductions;
2-10                 (12) [(11)]  the owner's share of the sales value less
2-11     deductions; and
2-12                 (13) [(12)]  an address at which additional information
2-13     may be obtained and questions may be answered.
2-14           (b)  If more than one person makes payments to royalty
2-15     interest owners from the proceeds derived from the sale of oil,
2-16     gas, and natural gas liquids produced from a lease, property, or
2-17     well, each check stub or attachment to a payment form must also
2-18     include the gross production during the month for which payment is
2-19     being made.
2-20           (c)  Not later than January 31 of each year, a person who
2-21     made a payment to a royalty interest owner during the preceding
2-22     calendar year shall provide the owner a report listing each well
2-23     for which the person made a payment to the owner during that year,
2-24     including:
2-25                 (1)  the lease, property, unit and well identification
2-26     number, and API number, as shown by the records of the commission;
2-27     and
 3-1                 (2)  the legal description of the property on which the
 3-2     well is located.
 3-3           Sec. 91.506.  EXEMPTION.  (a)  If the information required by
 3-4     Sections 91.502(a) and (b) [Section 91.502 of this code] is
 3-5     provided in some other manner on a monthly basis, the person making
 3-6     the payment is not required to include the information on the check
 3-7     stub or attachment to the payment form.
 3-8           (b)  A person is not required to provide a royalty interest
 3-9     owner a report under Section 91.502(c) if the person paid the owner
3-10     less than $100 during the preceding calendar year.
3-11           SECTION 2.  Subchapter L, Chapter 91, Natural Resources Code,
3-12     is amended by adding Section 91.507 to read as follows:
3-13           Sec. 91.507.  INJUNCTION.  A royalty interest owner may bring
3-14     an action for an injunction to compel a person making a payment to
3-15     comply with this subchapter.  A royalty interest owner who prevails
3-16     in an action under this section may recover court costs and
3-17     reasonable attorney's fees.
3-18           SECTION 3.  Section 91.407(b), Natural Resources Code, is
3-19     amended to read as follows:
3-20           (b)  Upon receipt of payee's address from the operator or
3-21     lessee, the payor must provide the notice within the time permitted
3-22     for payment of proceeds and in accordance with the conditions for
3-23     payment provided by Section 91.402.  The notice must include:
3-24                 (1)  the information required by Sections 91.502(a)(1),
3-25     (2), and (13) [91.502(1), (2), and (12)] and Section 91.503; and
3-26                 (2)  the payor's telephone number.
3-27           SECTION 4.  Section 91.408(a), Natural Resources Code, is
 4-1     amended to read as follows:
 4-2           (a)  A payor of proceeds from the sale of gas produced from a
 4-3     tight formation as defined by Section 29(c)(2)(B), Internal Revenue
 4-4     Code of 1986, annually shall furnish the payee a statement
 4-5     providing the information necessary to compute the federal income
 4-6     tax credit provided by that section for the gas for which payment
 4-7     was made in the preceding year, including:
 4-8                 (1)  information as described in Section 91.502(a)(1)
 4-9     [91.502(1) of this code]; and
4-10                 (2)  the volume of the gas, measured in:
4-11                       (A)  thousands of cubic feet and heating value;
4-12     or
4-13                       (B)  millions of British thermal units for each
4-14     thousand cubic feet.
4-15           SECTION 5.  Section 91.503, Natural Resources Code, is
4-16     amended to read as follows:
4-17           Sec. 91.503.  LEASE, PROPERTY, OR WELL NAME.  If a lease,
4-18     property, or well identification number is used under [Subdivision
4-19     (1) of] Section 91.502(a)(1) [91.502 of this code], the person
4-20     making the payment must provide prior to or with the first payment
4-21     to which this subchapter applies the lease, property, or well name
4-22     to which the lease, property, or well number refers.
4-23           SECTION 6.  This Act takes effect immediately if it receives
4-24     a vote of two-thirds of all the members elected to each house, as
4-25     provided by Section 39, Article III, Texas Constitution.  If this
4-26     Act does not receive the vote necessary for immediate effect, this
4-27     Act takes effect September 1, 2001.