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Amend CSHB 2425 as follows:                                                  
	(1)  Insert the following appropriately numbered sections to 
read as follows and renumber subsequent sections accordingly:
	SECTION __.  Section 151.011(a), Tax Code, is amended to read 
as follows:    
	(a)  Except as provided by Subsection (c) of this section, 
"use" means the exercise of a right or power incidental to the 
ownership of tangible personal property over tangible personal 
property, including tangible personal property that has been 
processed, fabricated, or manufactured into other property or 
attached to or incorporated into other property transported into 
this state, and, except as provided by Section 151.056(b) of this 
code, includes the incorporation of tangible personal property into 
real estate or into improvements of real estate whether or not the 
real estate is subsequently sold.
	SECTION __.  Section 153.119(d), Tax Code, is amended to read 
as follows:    
	(d)  If the quantity of gasoline used in Texas by auxiliary 
power units or power take-off equipment on any motor vehicle can be 
accurately measured while the motor vehicle is stationary by any 
metering or other measuring device or method designed to measure 
the fuel separately from fuel used to propel the motor vehicle, the 
comptroller may approve and adopt the use of any device as a basis 
for determining the quantity of gasoline consumed in those 
operations for tax credit or tax refund.  The climate-control air 
conditioning or heating system of a motor vehicle that has a primary 
purpose of providing for the convenience or comfort of the operator 
or passengers is not a power take-off system, and a refund may not 
be allowed for the tax paid on any portion of the gasoline that is 
used for that purpose.
	SECTION __.  Section 153.222(d), Tax Code, is amended to read 
as follows:    
	(d)  If the quantity of diesel fuel used in Texas by 
auxiliary power units or power take-off equipment on any motor 
vehicle can be accurately measured while the motor vehicle is 
stationary by any metering or other measuring device or method 
designed to measure the fuel separately from fuel used to propel the 
motor vehicle, the comptroller may approve and adopt the use of any 
device as a basis for determining the quantity of diesel fuel 
consumed in those operations for tax credit or tax refund.  If no 
separate metering device or other approved measuring method is 
provided, the following credit or refund procedures are authorized.  
A permitted supplier, a dyed diesel fuel bonded user, or an 
agricultural bonded user who operates diesel-powered motor 
vehicles equipped with a power take-off or a diesel-powered 
auxiliary power unit mounted on the motor vehicle and using the fuel 
supply tank of the motor vehicle may be allowed a deduction from the 
taxable gallons used in this state in each motor vehicle so 
equipped.  The comptroller shall determine the percentage of the 
deduction.  A user who is required to pay the tax on diesel fuel used 
in motor vehicles so equipped may file a claim for a refund not to 
exceed the percentage allowed by the comptroller of the total 
taxable fuel used in this state in each motor vehicle so equipped.  
The climate-control air conditioning or heating system of a motor 
vehicle that has a primary purpose of providing for the convenience 
or comfort of the operator or passengers is not a power take-off 
system, and a refund may not be allowed for the tax paid on any 
portion of the diesel fuel that is used for that purpose.
	SECTION __.  Section 201.057, Tax Code, is amended by 
amending Subsections (e) and (f) and adding Subsection (k) to read 
as follows:
	(e)  The operator of a proposed or existing gas well, 
including a gas well that has not been completed, or the operator of 
any proposed or existing oil or gas well within a commission 
approved co-production project, may apply to the commission for 
certification that the well produces or will produce high-cost gas.  
Such application, if seeking certification as high-cost gas 
according to Subsection (a)(2)(A), must be in writing and must be 
made not later than the first anniversary of [may be made at any 
time after] the first day of production.  The application may be 
made but is not required to be made concurrently with a request for 
a determination that gas produced from the well is high-cost 
natural gas for purposes of the Natural Gas Policy Act of 1978 (15 
U.S.C. Section 3301 et seq.) or with a request for commission 
approval of a co-production project.  The commission may require an 
applicant to provide the commission with any relevant information 
required to administer this section.  For purposes of this section, 
a determination that gas is high-cost natural gas according to 
Subsection (a)(2)(A) or a determination that gas is produced from 
within a commission approved co-production project is a 
certification that the gas is high-cost gas for purposes of this 
section, and in that event additional certification is not required 
to qualify for the exemption or tax reduction provided by this 
section.
	(f)  To qualify for the exemption or tax reduction provided 
by this section, the person responsible for paying the tax must 
apply to the comptroller.  The application must contain the 
certification of the commission that the well produces high-cost 
gas and, if the application is for a well spudded or completed after 
September 1, 1995, must contain a report of drilling and completion 
costs incurred for each well on a form and in the detail as 
determined by the comptroller.  Drilling and completion costs for a 
recompletion shall only include current and contemporaneous costs 
associated with the recompletion.  Notwithstanding any other 
provision of this section, to obtain the maximum tax exemption or 
tax deduction, an application to the comptroller for certification 
according to Subsection (a)(2)(A) must be filed with the 
comptroller not later than the first anniversary of the first day of 
production [at the later of the 180th day after the date of first 
production or the 45th day after the date of approval by the 
commission.  If the application is not filed by the applicable 
deadline, the tax exemption or tax deduction is reduced by 10 
percent for the period beginning on the 180th day after the first 
day of production and ending on the date on which the application is 
filed with the comptroller.  An application to the comptroller for 
certification according to Subsection (a)(2)(B) may not be filed 
before January 1, 1990, or after December 31, 1998].  The 
comptroller shall approve the application of a person who 
demonstrates that the gas is eligible for the exemption or tax 
reduction.  The comptroller may require a person applying for the 
exemption or tax reduction to provide any relevant information in 
the person's monthly report that the comptroller considers 
necessary to administer this section.  The commission shall notify 
the comptroller in writing immediately if it determines that an oil 
or gas well previously certified as producing high-cost gas does 
not produce high-cost gas or if it takes any action or discovers any 
information that affects the eligibility of gas for an exemption or 
tax reduction under this section.
	(k)  A person who, on September 1, 2003, otherwise meets the 
requirements necessary to file an application with the commission 
and the comptroller for certification, except for the requirement 
that the application be made not later than the first anniversary of 
the first day of production, must submit the application for 
certification before March 1, 2004, to be eligible for the tax 
exemption or tax deduction provided by this section.  This 
subsection expires March 1, 2004.
	SECTION __.  Section 201.101, Tax Code, is amended to read as 
follows:       
	Sec. 201.101.  MARKET VALUE. (a)  In this section:                      
		(1)  "Allowable marketing costs" means direct costs 
for:             
			(A)  compressing the gas sold;                                        
			(B)  dehydrating the gas sold;                                        
			(C)  sweetening the gas sold; and                                     
			(D)  delivering the gas to the purchaser.                             
		(2)  "Direct costs" means the cost of equipment that 
physically performs the activity and the direct labor associated 
with the activity.
	(b)  The market value of gas is its value at the mouth of the 
well from which it is produced.  The value of the gas is computed by 
taking the producer's gross receipts for the gas and deducting 
allowable marketing costs incurred by the producer to transport the 
gas from the outlet of a lease separator to the market.
	SECTION __.  Section 201.102, Tax Code, is amended to read as 
follows:       
	Sec. 201.102.  CASH SALES.  If gas is sold for cash only, the 
tax shall be computed on the producer's gross cash receipts.  
Payments from a purchaser of gas to a producer for the purpose of 
reimbursing the producer for taxes due under this chapter or for the 
purpose of reimbursing the producer for costs incurred are [not] 
part of the gross cash receipts unless the reimbursement amount for 
taxes due under this chapter is separately stated in the sales 
contract.
	(2)  On page 67, between lines 11 and 12, insert the 
following:              
	(i)  The changes in law made by this Act to Sections 
153.119(d) and 153.222(d), Tax Code, apply only to fuel used on or 
after September 1, 2003, for climate-control air conditioning or 
heating in a motor vehicle.  Fuel used before that date is governed 
by the law in effect on the date the fuel is used, and that law is 
continued in effect for that purpose.
	(3)  On page 68, line 5, strike "and".                                         
	(4)  On page 68, between lines 5 and 6, insert the following:                  
		(11)  Section 153.119(d), Tax Code;                                           
		(12)  Section 153.222(d), Tax Code;                                           
		(13)  Sections 201.057(e), (f), and (k), Tax Code;                            
		(14)  Section 201.101, Tax Code;                                              
		(15)  Section 201.102, Tax Code; and                                          
	(5)  On page 68, line 6, strike "(11)" and substitute "(16)".                  
	(6)  On page 68, after line 13, add the following:                             
	(f)  The amendment by this Act to Section 151.011(a), Tax 
Code, takes effect October 1, 2003.