1-1     By:  Counts (Senate Sponsor - Haywood)                H.B. No. 3348
 1-2           (In the Senate - Received from the House May 11, 2001;
 1-3     May 11, 2001, read first time and referred to Committee on Natural
 1-4     Resources; May 11, 2001, reported favorably by the following vote:
 1-5     Yeas 6, Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the Texas Energy Resource Council; authorizing the
 1-9     imposition of an assessment on producers of oil, gas, and
1-10     condensate.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1. Title 70, Revised Statutes, is amended by adding
1-13     Article 4413(47g) to read as follows:
1-14           Art. 4413(47g).  TEXAS ENERGY RESOURCE COUNCIL
1-15                         PART 1.  GENERAL PROVISIONS
1-16           Sec. 1.01.  DEFINITIONS.  In this article:
1-17                 (1)  "Condensate" has the meaning assigned by Section
1-18     201.001, Tax Code.
1-19                 (2)  "First purchaser" has the meaning assigned by
1-20     Section 201.001 or 202.001, Tax Code, as applicable.
1-21                 (3)  "Gas" has the meaning assigned by Section 201.001,
1-22     Tax Code.
1-23                 (4)  "Oil" has the meaning assigned by Section 202.001,
1-24     Tax Code.
1-25                 (5)  "Person" includes an individual or group of
1-26     individuals and a partnership, corporation, association,
1-27     cooperative, or other legal entity.
1-28                 (6)  "Producer" has the meaning assigned by Section
1-29     201.001 or 202.001, Tax Code, as applicable.
1-30                   PART 2.  TEXAS ENERGY RESOURCE COUNCIL
1-31           Sec. 2.01.  COMPOSITION OF COUNCIL. (a)  The Texas Energy
1-32     Resource Council is composed of 15 members.
1-33           (b)  The governor shall appoint to serve on the council five
1-34     members as follows:
1-35                 (1)  one person who must be a member of the Texas Oil
1-36     and Gas Association;
1-37                 (2)  one person who must be a member of the Texas
1-38     Independent Producers and Royalty Owners Association;
1-39                 (3)  one person who must be a member of the Permian
1-40     Basin Petroleum Association;
1-41                 (4)  one person who must be a member of The Alliance of
1-42     Energy Producers; and
1-43                 (5)  one person who must be a member of the Panhandle
1-44     Producers and Royalty Owners Association.
1-45           (c)  The governor shall appoint to serve on the council seven
1-46     members from lists of nominees provided by the organizations listed
1-47     in Subsection (b) of this section.  The governor shall make at
1-48     least one appointment from each organization's list.  The governor
1-49     may reject the nominees on a list and request a new list of
1-50     different nominees.
1-51           (d)  The members of the council by majority vote shall
1-52     appoint to serve on the council three members as follows:
1-53                 (1)  one representative of royalty owners;
1-54                 (2)  one representative of the crude oil purchasing
1-55     industry; and
1-56                 (3)  one representative of the pipeline industry.
1-57           Sec. 2.02.  TERMS; VACANCIES. (a)  The members of the council
1-58     serve for staggered six-year terms, with the terms of five members
1-59     expiring February 1 of each odd-numbered year.
1-60           (b)  A vacancy on the council shall be filled for the
1-61     unexpired portion of the term in the same manner as the original
1-62     appointment.
1-63           Sec. 2.03.  OFFICERS. (a)  The members of the council
1-64     annually shall elect a presiding officer of the council.
 2-1           (b)  The council may elect other officers it considers
 2-2     necessary.
 2-3           Sec. 2.04.  COMPENSATION.  A member of the council may not
 2-4     receive compensation for service performed for the council.  A
 2-5     member is entitled to reimbursement, subject to any applicable
 2-6     limitation provided by the General Appropriations Act, for actual
 2-7     or necessary expenses incurred in performing services as a member
 2-8     of the council.  Money paid to a council member under this section
 2-9     shall be paid from the energy resource account.
2-10                    PART 3.  POWERS AND DUTIES OF COUNCIL
2-11           Sec. 3.01.  POWERS AND DUTIES OF COUNCIL.  The council shall:
2-12                 (1)  coordinate a program designed to:
2-13                       (A)  promote environmentally sound energy
2-14     production methods and technologies;
2-15                       (B)  support educational activities regarding the
2-16     development of energy resources in this state;
2-17                       (C)  support job training and research activities
2-18     regarding energy production;
2-19                       (D)  educate the public regarding the importance
2-20     of the oil, natural gas, and pipeline industries;
2-21                       (E)  promote the exploration for and production
2-22     of energy; and
2-23                       (F)  promote pipeline safety; and
2-24                 (2)  implement the other provisions of this article.
2-25                      PART 4.  ENERGY RESOURCE ACCOUNT
2-26           Sec. 4.01.  ENERGY RESOURCE ACCOUNT. (a)  The energy resource
2-27     account is an account in the general revenue fund that may be
2-28     appropriated only to the council for the purposes of this article.
2-29           (b)  The energy resource account consists of:
2-30                 (1)  gifts and grants;
2-31                 (2)  transfers of money to the account by the
2-32     legislature; and
2-33                 (3)  assessments collected under Part 5 of this
2-34     article.
2-35                             PART 5.  ASSESSMENT
2-36           Sec. 5.01.  IMPOSITION OF ASSESSMENT. (a)  An assessment is
2-37     imposed on each producer of oil, gas, or condensate.  The amount of
2-38     the assessment is four-hundredths of one percent of the market
2-39     value of oil, gas, or condensate produced and saved in this state
2-40     by the producer.  The market value of oil, gas, or condensate is
2-41     its value at the mouth of the well from which it is produced.
2-42           (b)  Notwithstanding Subsection (a)  of this section, a
2-43     producer may not be assessed more than $150,000 in any year.
2-44           (c)  Except as otherwise provided by this article, Chapters
2-45     201 and 202, Tax Code, apply to the assessment imposed by this
2-46     article as if the assessment were a tax imposed by those chapters.
2-47           (d)  The assessment imposed by this article is not an
2-48     occupation tax.
2-49           (e)  A first purchaser or producer, as applicable, shall
2-50     include as a separate item in any report required by Chapter 201 or
2-51     202, Tax Code, any required information relating to the assessment
2-52     imposed by this article.
2-53           Sec. 5.02.  DEPOSIT OF ASSESSMENT. (a)  Except as provided by
2-54     Subsection (b) of this section, the comptroller shall deposit an
2-55     assessment collected under this article to the credit of the energy
2-56     resource account.
2-57           (b)  The comptroller shall retain a portion of an assessment
2-58     collected under this article to cover the cost of administering the
2-59     imposition and collection of the assessment.  The comptroller by
2-60     rule shall specify the portion of the assessment to be retained.
2-61           Sec. 5.03.  COLLECTION OF ASSESSMENT. (a)  The council is
2-62     responsible for taking appropriate legal action to collect any
2-63     assessment that is not paid to the comptroller.  The comptroller is
2-64     not responsible for collecting any assessment that is not paid to
2-65     the comptroller.
2-66           (b)  The comptroller shall report to the council any
2-67     information the comptroller obtains regarding the failure of any
2-68     person to properly pay an assessment and shall provide to the
2-69     council any documentation the comptroller may have of that failure.
 3-1           Sec. 5.04.  REFUND OF ASSESSMENT. (a)  A person is entitled
 3-2     to a refund of an assessment paid by the person during the
 3-3     preceding state fiscal year if the person submits a request for a
 3-4     refund as provided by this section.
 3-5           (b)  A request for a refund must be made to the comptroller
 3-6     not later than the third calendar month following the state fiscal
 3-7     year for which the refund is requested.  The request must be in the
 3-8     form and include the information required by the comptroller.
 3-9           (c)  If the assessment was paid by the producer, the producer
3-10     must submit the refund request, and any refund made shall be paid
3-11     to the producer.  If the assessment was paid by a first purchaser
3-12     on behalf of the producer, the first purchaser, at the request of
3-13     the producer, shall submit a request for a refund, and any refund
3-14     made shall be paid to the first purchaser.  The first purchaser
3-15     shall refund to the producer the amount refunded not later than the
3-16     60th day after the date the first purchaser receives the refund.
3-17           (d)  The council shall give notice of the right to request a
3-18     refund through:
3-19                 (1)  press releases;
3-20                 (2)  paid advertisements placed in the newspaper with
3-21     the largest circulation in each county of the state; and
3-22                 (3)  other means it considers appropriate.
3-23           (e)  The comptroller shall determine the validity of a
3-24     request for a refund.  The comptroller shall perform the
3-25     comptroller's duties under this section in a manner that minimizes,
3-26     to the extent practicable and appropriate, the burden on persons
3-27     providing information to the comptroller.
3-28           (f)  If the comptroller determines that a person is entitled
3-29     to a refund, the comptroller shall refund the amount of the
3-30     assessment paid during the preceding state fiscal year, together
3-31     with interest at a rate equal to the average rate paid over the
3-32     preceding calendar year on United States treasury bills with a
3-33     12-month maturity date.
3-34           (g)  The comptroller shall make refunds under this section in
3-35     the order in which the comptroller receives requests for refunds.
3-36     Notwithstanding the other provisions of this section, the
3-37     comptroller may not make refunds in a state fiscal year in an
3-38     amount that, in the aggregate, exceeds 60 percent of the total
3-39     amount of assessments collected during the preceding state fiscal
3-40     year.
3-41           (h)  The comptroller may adopt rules to implement this
3-42     section.
3-43           SECTION 2. (a)  As soon as practicable after receiving the
3-44     lists described by Section 2.01(c), Article 4413(47g), Revised
3-45     Statutes, as added by this Act, the governor shall appoint persons
3-46     to serve on the Texas Energy Resource Council as required by
3-47     Sections 2.01(b) and (c), Article 4413(47g), Revised Statutes, as
3-48     added by this Act.  The governor shall designate four persons to
3-49     serve on the council for terms expiring February 1, 2003, four
3-50     persons to serve on the council for terms expiring February 1,
3-51     2005, and four persons to serve on the council for terms expiring
3-52     February 1, 2007.
3-53           (b)  As soon as practicable after taking office, the members
3-54     of the Texas Energy Resource Council appointed under Sections
3-55     2.01(b) and (c), Article 4413(47g), Revised Statutes, as added by
3-56     this Act, shall appoint one person to serve on the council for a
3-57     term expiring February 1, 2003, one person to serve on the council
3-58     for a term expiring February 1, 2005, and one person to serve on
3-59     the council for a term expiring February 1, 2007.
3-60           SECTION 3. (a)  Except as otherwise provided by this section,
3-61     this Act takes effect September 1, 2001.
3-62           (b)  Part 5 of Article 4413(47g), Revised Statutes, as added
3-63     by this Act, takes effect January 1, 2002, and applies only to oil,
3-64     gas, and condensate produced and saved on or after that date.
3-65                                  * * * * *