79R17758 SMH-F
By:  Armbrister                                                   S.B. No. 1166
Substitute the following for S.B. No. 1166:                                   
By:  Farabee                                                  C.S.S.B. No. 1166
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of the laws governing plugging of 
abandoned oil and gas wells and preventing, controlling, or 
cleaning up oil and gas wastes or other substances or materials 
regulated by the Railroad Commission of Texas and to incentives for 
continued production from certain oil and gas wells; providing 
penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 81.116(d), Natural Resources Code, is 
amended to read as follows:
	(d)  The comptroller shall suspend collection of the fee in 
the manner provided by Section 91.111 [of this code].  The 
exemptions and reductions set out in Sections 202.052, 202.054, 
202.056, 202.057, [and] 202.059, and 202.060, Tax Code, do not 
affect the fee imposed by this section.
	SECTION 2.  Section 89.043, Natural Resources Code, is 
amended by amending Subsections (c) and (f) and adding Subsection 
(g) to read as follows:
	(c)  Not later than the 30th day before the date the 
commission enters into a contract to plug a delinquent inactive 
well, the commission shall send a notice by certified mail to the 
operator of the well at the address last reported to the commission 
as required by Section 91.142 and commission rules.  The notice 
shall direct the operator to plug the well and shall state that:
		(1)  the commission may plug the well and foreclose its 
statutory lien under Section 89.083 or 89.089 unless the operator 
requests a hearing not later than the 10th day after the date the 
operator receives the notice;
		(2)  if the commission forecloses its statutory lien 
under Section 89.083, all well-site equipment will be presumed to 
have been abandoned and the commission may dispose of the equipment 
and hydrocarbons from the well as provided by Section 89.085;
		(3)  if the commission forecloses its statutory lien 
under Section 89.089, the commission may dispose of the interest of 
the operator in any hydrocarbons produced in this state and the 
proceeds from the sale of those hydrocarbons;
		(4)  if the commission plugs the well, the commission:                 
			(A)  by order may require the operator to 
reimburse the commission for the plugging costs; or
			(B)  may request the attorney general to file suit 
against the operator to recover those costs;
		(5) [(4)]  the commission has a statutory lien on all 
well-site equipment under Section 89.083 and on the interest of the 
operator in any hydrocarbons produced in this state and the 
proceeds from the sale of those hydrocarbons under Section 89.089; 
and
		(6) [(5)]  the lien described by Subdivision 
(5) [(4)]  is foreclosed by operation of law if the commission does 
not receive a valid and timely request for a hearing before the 15th 
day after the date the notice is mailed.
	(f)  At the request of the commission, the attorney general 
may file suit to enforce an order issued by the commission under 
Subsection (c)(4)(A) [(c)(3)(A)].
	(g)  The provisions of this section and Section 91.115 shall 
not apply to proceeds from the sale of hydrocarbons that would 
otherwise be directed to the permanent school fund or the permanent 
university fund.
	SECTION 3.  Section 89.044, Natural Resources Code, is 
amended to read as follows:
	Sec. 89.044.  RIGHT TO ENTER ON LAND.  (a) The commission or 
its employees or agents, the operator, or the nonoperator, on 
proper identification, may enter the land of another for the 
purpose of plugging or replugging a well that has not been properly 
plugged.
	(b)  A prospective operator who has been authorized under 
Section 89.047 to conduct a surface inspection of a well, on proper 
identification, may enter the land of another for the sole purpose 
of conducting the inspection.
	SECTION 4.  Subchapter C, Chapter 89, Natural Resources 
Code, is amended by adding Sections 89.047 and 89.048 to read as 
follows:
	Sec. 89.047.  ORPHANED WELL REDUCTION PROGRAM.  (a)  In this 
section: 
		(1)  "Depth of the well" means the vertical depth of a 
well as measured in linear feet from the surface to the lowest 
perforation of the casing of the well that is within the 
commission-designated correlative interval for the field for which 
the well is issued a permit.
		(2)  "Operator in good standing" means an operator who:                
			(A)  has a commission-approved organization 
report;                 
			(B)  is the designated operator of at least one 
well within the jurisdiction of the commission;
			(C)  has filed with the commission under Section 
91.104 a bond, letter of credit, or cash deposit in an amount 
sufficient to qualify to operate one or more additional wells; and
			(D)  is not the subject of a commission or court 
order regarding a violation of a commission rule with which the 
operator has not complied or a complaint that has been docketed by 
the commission alleging a violation of a commission rule.
		(3)  "Orphaned well" means a well:                                     
			(A)  for which the commission has issued a permit;                    
			(B)  for which production of oil or gas or another 
activity under the jurisdiction of the commission has not been 
reported to the commission for the preceding 12 months; and
			(C)  whose operator's commission-approved 
organization report has lapsed.
		(4)  "Producing well" means a well classified by the 
commission as an oil or gas well in accordance with commission 
rules.
		(5)  "Service well" means a well for which the 
commission has issued a permit that is not a producing well.  The 
term includes an injection, disposal, or brine mining well.
	(b)  A person who is considering assumption of operatorship 
and regulatory responsibility for an orphaned well may nominate the 
well under consideration by filing a request on a form prescribed by 
the commission notifying the commission that the person seeks 
authority to conduct a surface inspection of the well to determine 
whether the person desires to be designated by the commission as the 
operator of the well.
	(c)  If the person is an operator in good standing and the 
well is not already subject to a nomination, the commission shall 
accept the nomination and issue a written confirmation to the 
person of the person's authority to conduct a surface inspection of 
the nominated well for a stated period not to exceed 30 days.
	(d)  A person to whom a confirmation is issued under 
Subsection (c) may conduct a surface inspection of the well.  The 
person must deliver written notice to the owner of record of the 
surface estate and any occupant of the tract on which the well is 
located at least three days before the date of the inspection.  The 
notice must:
		(1)  identify the orphaned well;                                       
		(2)  state the name, address, and telephone number of 
the person;    
		(3)  state the date the person intends to conduct the 
surface inspection;
		(4)  state the name of at least one representative of 
the person who will participate in the surface inspection; and
		(5)  state that the person intends to inspect the 
orphaned well in accordance with this section for the purpose of 
assessing the current status and viability of the well.
	(e)  In conducting a surface inspection of the orphaned well, 
the person may visually inspect the well and all related equipment, 
tanks, and other facilities and may conduct noninvasive testing 
such as using a gauge to determine the pressure present at the 
wellhead but may not produce oil or gas from the well, reenter the 
well, pull tubing from or perform any other type of downhole work on 
the well, conduct a salvage operation on the well, or remove any 
tangible item from the wellsite.
	(f)  The commission shall designate the person as the 
operator of the well if the person files with the commission:
		(1)  a factually supported claim based on a recognized 
legal theory to a continuing possessory right in the mineral estate 
accessed by the well, such as evidence of a current oil and gas 
lease or a recorded deed conveying a fee interest in the mineral 
estate;
		(2)  a completed certificate of compliance; and                        
		(3)  a nonrefundable fee in the amount of $250.                        
	(g)  A fee collected under Subsection (f) shall be deposited 
to the credit of the general revenue fund and may be appropriated 
only to the commission to be used to enforce the laws and rules 
concerning oil and gas conservation and waste and pollution 
prevention.
	(h)  A person who is designated as the operator of an 
orphaned well on or after January 1, 2006, and not later than 
December 31, 2007, is entitled to receive:
		(1)  a nontransferable exemption from severance taxes 
for all future production from the well as provided by Section 
202.060, Tax Code;
		(2)  a nontransferable exemption from the fees provided 
by Sections 81.116 and 81.117 for all future production from the 
well; and
		(3)  a payment from the commission in an amount equal to 
the depth of the well multiplied by 50 cents for each foot of well 
depth if, not later than the third anniversary of the date the 
commission designates the person as the operator of the well, the 
person brings the well back into continuous active operation or 
plugs the well in accordance with commission rules.
	(i)  A well is considered to be in continuous active 
operation for purposes of Subsection (h)(3) if:
		(1)  the well is a producing well and the well has 
produced at least 10 barrels of oil or 100 mcf of gas per month for 
at least three consecutive months as shown in the records of the 
commission and as authorized by a permit issued by the commission; 
or
		(2)  the well is a service well and the well has been 
used for the disposal or injection of oil and gas wastes or another 
purpose related to the production of oil or gas for at least three 
consecutive months as shown in the records of the commission and as 
authorized by a permit issued by the commission.
	(j)  The commission shall make payments to operators under 
Subsection (h)(3) annually in the same order the commission 
determines the operators to be entitled to the payments.  The 
aggregate amount of payments in a state fiscal year under that 
subsection may not exceed $500,000.  An operator may not receive:
		(1)  more than one payment under that subsection for 
the same well; or
		(2)  cumulative payments in an amount that exceeds the 
amount of the bond, letter of credit, or cash deposit the operator 
has filed with the commission under Section 91.104.
	Sec. 89.048.  PLUGGING OF WELL BY SURFACE ESTATE OWNER.  (a)  
In this section, "orphaned well" has the meaning assigned by 
Section 89.047.
	(b)  The owner of an interest in the surface estate of a tract 
of land on which an orphaned well is located may contract with a 
commission-approved well plugger to plug the well.
	(c)  If the surface estate owner enters into a contract under 
Subsection (b), the well plugger shall:
		(1)  not later than the 30th day before the date the 
well is plugged, mail notice of its intent to plug the well to the 
operator of the well at the operator's address as shown by the 
records of the commission;
		(2)  assume responsibility for the physical operation 
and control of the well as shown by a form the person files with the 
commission and the commission approves;
		(3)  file a bond, letter of credit, or cash deposit 
covering the well as required by Section 91.107; and
		(4)  plug the well in accordance with commission rules.                
	(d)  On successful plugging of the well by the well plugger, 
the surface estate owner may submit documentation to the commission 
of the cost of the well-plugging operation.  The commission shall 
reimburse the surface estate owner from money in the oil-field 
cleanup fund in an amount not to exceed 50 percent of the lesser of:
		(1)  the documented well-plugging costs; or                            
		(2)  the average cost incurred by the commission in the 
preceding 24 months in plugging similar wells located in the same 
general area.
	(e)  The commission shall adopt any rules reasonably 
necessary to implement this section.
	SECTION 5.  Section 89.083, Natural Resources Code, is 
amended by amending Subsection (g) and adding Subsection (g-1) to 
read as follows:
	(g)  The cause of action is:                                                   
		(1)  first, against the operator, to be secured by a 
first lien, superior to all preexisting and subsequent liens and 
security interests, on the operator's interest in:
			(A)  the oil and gas in the land;                              
			(B)  [and] the fixtures, machinery, and equipment 
found or used on the land where the well is located; and
			(C)  any hydrocarbons produced in this state and 
the proceeds from the sale of those hydrocarbons; and
		(2)  second, against a nonoperator at the time the well 
should have been plugged, to be secured by a first lien, superior to 
all preexisting and subsequent liens and security interests, on the 
nonoperator's interest in the oil and gas in the land.
	(g-1)  A nonoperator may be made a party defendant in the 
suit against the operator.
	SECTION 6.  Subchapter D, Chapter 89, Natural Resources 
Code, is amended by adding Section 89.089 to read as follows:
	Sec. 89.089.  LIEN ON OPERATOR'S INTERESTS IN HYDROCARBON 
PRODUCTION AND PROCEEDS.  (a)  To secure the recovery of 
well-plugging costs paid with state money, the state has a first 
lien, superior to all preexisting and subsequent liens and security 
interests, on the interests of each operator in any hydrocarbons 
produced in this state and the proceeds from the sale of those 
hydrocarbons.
	(b)  The commission may foreclose the lien in the manner 
provided by Section 89.083.
	(c)  The commission may dispose of the property subject to 
the lien in the manner provided by Section 89.085.
	(d)  Section 89.086 applies to a claim of a person with a 
legal or equitable ownership or security interest in property that 
is described by this section and is disposed of under Section 
89.085.
	(e)  The liens provided in this section and Section 91.115 as 
they relate to hydrocarbons in this state and the proceeds from the 
sale of those hydrocarbons shall be subject to and inferior to any 
lien in favor of the state to secure royalty payments.
	SECTION 7.  Subchapter A, Chapter 91, Natural Resources 
Code, is amended by adding Section 91.004 to read as follows:
	Sec. 91.004.  RECOVERY OF ESTIMATED PLUGGING COSTS.  
(a)  The commission, in an enforcement action brought by the 
commission to compel an operator to plug or replug a well, may order 
the operator to pay the estimated plugging costs for the well if the 
operator has not plugged or replugged the well or commenced 
operations at the well site to plug or replug the well within 60 
days after the date the commission's order requiring the well to be 
plugged or replugged becomes final.
	(b)  The estimate of the plugging costs must be based on:               
		(1)  the amount of the bond required for the well under 
Section 91.1041; or
		(2)  proof of average plugging costs incurred by the 
commission in the district in which the well is located and any 
special conditions applicable to the well that is the subject of the 
proceeding.
	(c)  The proceeds recovered as estimated plugging costs for 
any particular well shall be deposited to the credit of the 
oil-field cleanup fund.
	(d)  If the actual costs to the commission of plugging the 
well are more than the proceeds received for the estimated plugging 
costs, the commission may recover its costs in an action brought 
under Section 89.083.  If the actual costs to the commission of 
plugging the well are less than the proceeds received for the 
estimated plugging costs, the commission shall remit to the 
operator the amount by which the proceeds received exceed the 
actual costs.  The commission is not required to pay interest on a 
refund under this subsection.
	(e)  If the operator does not pay the estimated plugging 
costs within 75 days after the date of the order requiring the well 
to be plugged, the attorney general, on request of the commission, 
shall file suit to collect the amount of the estimated plugging 
costs from the operator.  Venue for the action lies in the district 
court for Travis County.
	SECTION 8.  Section 91.112(a), Natural Resources Code, is 
amended to read as follows:
	(a)  Money in the fund may be used by the commission or its 
employees or agents for:
		(1)  conducting a site investigation or environmental 
assessment to determine:
			(A)  the nature and extent of contamination caused 
by oil and gas wastes or other substances or materials regulated by 
the commission under Section 91.101;  and
			(B)  the measures that should be taken to control 
or clean up the wastes, substances, or materials described in 
Paragraph (A);
		(2)  controlling or cleaning up oil and gas wastes or 
other substances or materials regulated by the commission under 
Section 91.101 that are causing or are likely to cause the pollution 
of surface or subsurface water, consistent with Section 91.113;
		(3)  plugging abandoned wells and administering or 
enforcing permits, orders, and rules relating to the commission's 
authority to prevent pollution under this chapter, Chapter 89, or 
any other law administered or enforced by the commission under 
Title 3;
		(4)  implementing Subchapter N and enforcing rules, 
orders, and permits adopted or issued under that subchapter;
		(5)  implementing the voluntary cleanup program under 
Subchapter O; [and]
		(6)  preparing the report required under Subsection 
(b);             
		(7)  making payments to eligible operators under 
Section 89.047; and 
		(8)  making payments to eligible surface estate owners 
under Section 89.048.
	SECTION 9.  The heading to Section 91.113, Natural Resources 
Code, is amended to read as follows:
	Sec. 91.113.  INVESTIGATION, ASSESSMENT, PREVENTION, 
CONTROL, OR CLEANUP OF POLLUTION BY COMMISSION.
	SECTION 10.  Sections 91.113(a)-(d) and (f), Natural 
Resources Code, are amended to read as follows:
	(a)  If oil and gas wastes or other substances or materials 
regulated by the commission under Section 91.101 are causing or are 
likely to cause the pollution of surface or subsurface water, the 
commission, through its employees or agents, may use money in the 
oil-field cleanup fund to conduct a site investigation or 
environmental assessment or to take measures necessary to prevent 
the unauthorized discharge of, to control, or to clean up the oil 
and gas wastes or other substances or materials if:
		(1)  the responsible person has failed or refused to 
take measures necessary to prevent the unauthorized discharge of, 
to control, or to clean up the oil and gas wastes or other 
substances or materials [after notice and opportunity for hearing];
		(2)  the responsible person is unknown, cannot be 
found, or has no assets with which to take measures necessary to 
prevent the unauthorized discharge of, to control, or to clean up 
the oil and gas wastes or other substances or materials; or
		(3)  the oil and gas wastes or other substances or 
materials are causing, or are likely to cause, the pollution of 
surface or subsurface water.
	(b)  For purposes of this section, "responsible person" 
means any operator or other person required by law, rules adopted by 
the commission, or a valid order of the commission to take measures 
necessary to prevent the unauthorized discharge of, to control, or 
to clean up the oil and gas wastes or other substances or materials.
	(c)  The commission or its employees or agents, on proper 
identification, may enter the land of another to conduct [for the 
purpose of conducting] a site investigation or environmental 
assessment or to take measures necessary to prevent the 
unauthorized discharge of, to control, [controlling] or to clean
[cleaning] up oil and gas wastes or other substances or materials 
under this section.
	(d)  The conducting of a site investigation or environmental 
assessment or the taking of measures necessary to prevent the 
unauthorized discharge of, to control, or to clean up [cleanup of] 
oil and gas wastes or other substances or materials by the 
commission under this section does not prevent the commission from 
seeking penalties or other relief provided by law from any person 
who is required by law, rules adopted by the commission, or a valid 
order of the commission to control or clean up the oil and gas 
wastes or other substances or materials.
	(f)  If the commission conducts a site investigation or 
environmental assessment or takes measures necessary to prevent the 
unauthorized discharge of, to control, or to clean [controls or 
cleans] up oil and gas wastes or other substances or materials under 
this section, the commission may recover all costs incurred by the 
commission from any person who was required by law, rules adopted by 
the commission, or a valid order of the commission to take measures 
necessary to prevent the unauthorized discharge of, to control, or 
to clean up the oil and gas wastes or other substances or materials.  
The commission by order may require the person to reimburse the 
commission for those costs or may request the attorney general to 
file suit against the person to recover those costs.  The commission 
has a first lien on the responsible person's equipment and 
hydrocarbons as provided by Section 91.115 to secure the recovery 
of the commission's costs.  At the request of the commission, the 
attorney general may file suit to enforce an order issued by the 
commission under this subsection.  A suit under this subsection may 
be filed in any court of competent jurisdiction in Travis County.  
Costs recovered under this subsection shall be deposited to the 
oil-field cleanup fund.
	SECTION 11.  Section 91.114(d), Natural Resources Code, is 
amended to read as follows:
	(d)  The commission shall accept the report or application or 
approve the certificate if:
		(1)  the conditions that constituted the violation are 
corrected or are being corrected in accordance with a schedule to 
which the commission and the organization have agreed;
		(2)  as applicable:                                                    
			(A)  all administrative, civil, and criminal 
penalties and all cleanup and plugging costs incurred by the state 
relating to those conditions are paid or are being paid in 
accordance with a payment schedule to which the commission and the 
organization have agreed; or
			(B)  the estimated plugging costs have been paid 
in accordance with a commission order; and
		(3)  the report, application, or certificate is in 
compliance with all other requirements of law and commission rules.
	SECTION 12.  The heading to Section 91.115, Natural 
Resources Code, is amended to read as follows:
	Sec. 91.115.  FIRST LIEN ON EQUIPMENT, [AND] STORED 
HYDROCARBONS, OIL AND GAS, AND PRODUCED HYDROCARBONS.
	SECTION 13.  Sections 91.115(a)-(f) and (h), Natural 
Resources Code, are amended to read as follows:
	(a)  If a responsible person fails to clean up a site or 
facility [that has ceased oil and gas operations] under the 
commission's jurisdiction on or before the date the site or 
facility is required to be cleaned up by law or by a rule adopted or 
order issued by the commission or fails to take measures necessary 
to prevent the unauthorized discharge of or to control oil and gas 
wastes or other substances or materials as required by law or by a 
rule adopted or order issued by the commission, the state has a 
first lien, superior to all preexisting and subsequent liens and 
security interests, on the responsible person's interest in:
		(1)  any hydrocarbons stored at the site or facility;           
		(2)  [and in] any equipment that is[:
		[(1)]  located at the site or facility; and                  
		(3)  any hydrocarbons produced in this state and the 
proceeds from the sale of those hydrocarbons [(2)  used by the 
responsible person in connection with the activity that generated 
the pollution].
	(b)  The lien is in the amount of the total costs of taking 
measures necessary to prevent the unauthorized discharge of, to 
control, or to clean [cleaning] up the oil and gas wastes or other 
substances from the site or facility and arises on the date the 
measures are [site or facility is] required by law or by a rule or 
order of the commission [to be cleaned up].
	(c)  The commission may foreclose on the lien by entering 
into a contract to take measures necessary to prevent the 
unauthorized discharge of or to control oil and gas wastes or other 
substances or materials or a contract to clean up the site or 
facility.  The commission is not required to give notice or an 
opportunity for a hearing to subordinate lienholders before 
entering into a contract for the taking of measures necessary to 
prevent the unauthorized discharge of or to control oil and gas 
wastes or other substances or materials or a contract to clean up 
the site or facility.
	(d)  The lien is extinguished if necessary measures are taken 
to prevent the unauthorized discharge of or to control oil and gas 
wastes or other substances or materials or the site or facility is 
cleaned up in accordance with commission rules by any person before 
the commission enters into a contract to take measures necessary to 
prevent the unauthorized discharge of or to control oil and gas 
wastes or other substances or materials or a contract to clean up 
the site or facility.
	(e)  The lien is extinguished as to any stored hydrocarbons 
or items of equipment that are lawfully removed by any person other 
than the operator or a nonoperator according to a lien, lease, 
judgment, written contract, or security agreement before the 
commission enters into a contract to take measures necessary to 
prevent the unauthorized discharge of or to control oil and gas 
wastes or other substances or materials or a cleanup contract.  An 
item of equipment may not be removed from a [an abandoned] site or 
facility if the removal will cause the release of a substance that 
may cause pollution unless the substance is lawfully disposed of.
	(f)  Equipment or stored hydrocarbons subject to a lien under 
this section are presumed to have been abandoned on the date the 
commission enters into a contract to take measures necessary to 
prevent the unauthorized discharge of or to control oil and gas 
wastes or other substances or materials from the site or facility or 
a contract to clean up the site or facility on which the equipment 
or hydrocarbons are located.  The commission may dispose of the 
equipment or [stored] hydrocarbons in accordance with the 
provisions of Sections 89.085, 89.086, and 89.087 [of this code] 
for the disposition of well-site equipment and hydrocarbons.
	(h)  The lien provided by this section, as it relates to 
stored hydrocarbons, the responsible person's interest in oil and 
gas in the land where the prevention, control, or cleanup measures 
are required, and the responsible person's interest in any 
hydrocarbons produced in this state and the proceeds from the sale 
of those hydrocarbons shall be subject to and inferior to any lien 
in favor of the State of Texas to secure royalty payments.
	SECTION 14.  Section 201.053, Tax Code, is amended to read as 
follows:       
	Sec. 201.053.  GAS NOT TAXED.  The tax imposed by this 
chapter does not apply to gas:
		(1)  injected into the earth in this state, unless sold 
for that purpose;   
		(2)  produced from oil wells with oil and lawfully 
vented or flared;        
		(3)  used for lifting oil, unless sold for that 
purpose;  or                
		(4)  produced in this state from a well that qualifies 
under Section 202.056 or 202.060.
	SECTION 15.  Section 201.058(a), Tax Code, is amended to 
read as follows:    
	(a)  The exemptions described by Sections 202.056, 202.057, 
[and] 202.059, and 202.060 apply to the taxes imposed by this 
chapter as authorized by and subject to the certifications and 
approvals required by those sections.
	SECTION 16.  Subchapter B, Chapter 201, Tax Code, is amended 
by adding Section 201.059 to read as follows:
	Sec. 201.059.  CREDITS FOR QUALIFYING LOW-PRODUCING WELLS.  
(a)  In this section:
		(1)  "Commission" means the Railroad Commission of 
Texas.            
		(2)  "Mcf" means 1,000 cubic feet of gas as measured in 
accordance with Section 91.052, Natural Resources Code.
		(3)  "Qualifying low-producing well" means a gas well 
whose production during a three-month period is no more than 90 mcf 
per day, excluding gas flared pursuant to the rules of the 
commission.  For purposes of qualifying a gas well, production per 
well per day is determined by computing the average daily 
production from the well using the monthly well production report 
made to the commission.
	(b)  Each month, the comptroller shall certify the average 
taxable price of gas, adjusted to 2005 dollars, during the previous 
three months based on various price indices available to producers, 
including prices reported by Henry Hub, Houston Ship Channel, 
Mississippi Barge Transport, New York Mercantile Exchange, or other 
spot prices, as applicable.  The comptroller shall publish 
certifications under this subsection in the Texas Register.
	(c)  An operator of a qualifying low-producing well is 
entitled to a 25 percent credit on the tax otherwise due on gas 
produced and saved from that well during a month if the average 
taxable price of gas certified by the comptroller under Subsection 
(b) for the previous three-month period is more than $3 per mcf but 
not more than $3.50 per mcf.
	(d)  An operator of a qualifying low-producing well is 
entitled to a 50 percent credit on the tax otherwise due on gas 
produced and saved from that well during a month if the average 
taxable price of gas certified by the comptroller under Subsection 
(b) for the previous three-month period is more than $2.50 per mcf 
but not more than $3 per mcf.
	(e)  An operator of a qualifying low-producing well is 
entitled to a 100 percent credit on the tax otherwise due on gas 
produced and saved from that well during a month if the average 
taxable price of gas certified by the comptroller under Subsection 
(b) for the previous three-month period is not more than $2.50 per 
mcf.
	(f)  If the tax is paid on gas at the full rate provided by 
Section 201.052, the person paying the tax is entitled to a credit 
against taxes imposed by this chapter or Chapter 202 on the amount 
overpaid.  To receive the credit, the person must apply to the 
comptroller for the credit not later than the expiration of the 
applicable period for filing a tax refund under Section 111.104.
	SECTION 17.  Section 202.052(c), Tax Code, is amended to 
read as follows:    
	(c)  The exemptions described by Sections 202.056, [and] 
202.059, and 202.060 apply to oil produced in this state from a well 
that qualifies under Section 202.056, [or] 202.059, or 202.060,
subject to the certifications and approvals required by those 
sections.
	SECTION 18.  Subchapter B, Chapter 202, Tax Code, is amended 
by adding Sections 202.058, 202.060, and 202.061 to read as 
follows:
	Sec. 202.058.  CREDITS FOR QUALIFYING LOW-PRODUCING OIL 
LEASES.  (a)  In this section:
		(1)  "Commission" means the Railroad Commission of 
Texas.            
		(2)  "Qualifying low-producing oil lease" means a well 
classified as an oil well that is part of a lease whose production 
during a 90-day period is less than:
			(A)  15 barrels of oil per day of production; or                      
			(B)  five percent recoverable oil per barrel of 
produced water.     
	(b)  For purposes of qualifying a lease, production per well 
per day is determined by computing the average daily per well 
production from the lease using the monthly lease production report 
made to the commission.  For purposes of qualifying a lease, 
production per well per day is measured by dividing the sum of lease 
production during the three-month period by the sum of the number of 
well-days, where a well-day is one well producing for one day.  The 
operator of a lease that is eligible for a credit under this section 
only on the basis of Subsection (a)(2)(B) must pay to the 
comptroller a filing fee of $100 before the comptroller may 
authorize the credit.
	(c)  Each month, the comptroller shall certify the average 
taxable price of oil, adjusted to 2005 dollars, during the previous 
three months based on various price indices available to producers, 
including the reported Texas Panhandle Spot Price, West Texas 
Intermediate Crude Spot Price, New York Mercantile Exchange, or 
other spot prices, as applicable.  The comptroller shall publish 
certifications under this subsection in the Texas Register.
	(d)  An operator of a qualifying low-producing lease is 
entitled to a 25 percent credit on the tax otherwise due on oil 
produced from that lease during a month if the average taxable price 
of oil certified by the comptroller under Subsection (c) for the 
previous three-month period is more than $25 per barrel but not more 
than $30 per barrel.
	(e)  An operator of a qualifying low-producing lease is 
entitled to a 50 percent credit on the tax otherwise due on oil 
produced from that lease during a month if the average taxable price 
of oil certified by the comptroller under Subsection (c) for the 
previous three-month period is more than $22 per barrel but not more 
than $25 per barrel.
	(f)  An operator of a qualifying low-producing lease is 
entitled to a 100 percent credit on the tax otherwise due on oil 
produced from that lease during a month if the average taxable price 
of oil certified by the comptroller under Subsection (c) for the 
previous three-month period is not more than $22 per barrel.
	(g)  If the tax is paid on oil at the full rate provided by 
Section 202.052, the person paying the tax is entitled to a credit 
against taxes imposed by this chapter or Chapter 201 on the amount 
overpaid.  To receive the credit, the person must apply to the 
comptroller for the credit not later than the expiration of the 
applicable period for filing a tax refund under Section 111.104.
	Sec. 202.060.  EXEMPTION FOR OIL AND GAS FROM REACTIVATED 
ORPHANED WELLS.  (a)  In this section:
		(1)  "Commission" means the Railroad Commission of 
Texas.            
		(2)  "Orphaned well" has the meaning assigned by 
Section 89.047, Natural Resources Code.
	(b)  The commission shall issue a certificate to a person who 
is designated by the commission under Section 89.047, Natural 
Resources Code, as the operator of an orphaned well.  The 
certificate must identify the operator to whom and the well for 
which the certificate is issued.
	(c)  Hydrocarbons produced from the well identified in the 
certificate qualify for a severance tax exemption.
	(d)  The commission shall adopt all rules necessary to 
administer this section.
	(e)  To qualify for the tax exemption provided by this 
section, the person responsible for paying the tax must apply to the 
comptroller.  The application must include a copy of the 
certificate issued by the commission.  The comptroller shall 
approve the application if the person demonstrates that the 
hydrocarbon production is eligible for a tax exemption.  The 
comptroller may require a person applying for the tax exemption to 
provide any relevant information necessary to administer this 
section.  The comptroller may establish procedures to comply with 
this section.
	(f)  The exemption takes effect on the first day of the month 
following the month in which the comptroller approves the 
application.
	(g)  If the person to whom the certificate is issued ceases 
to be the operator of the well as shown by the records of the 
commission, the commission shall notify the comptroller.  The 
exemption expires on the date the notice is received.
	(h)  A person who makes or subscribes an application, report, 
or other document and submits it to the commission to form the basis 
for an application for a tax exemption under this section, knowing 
that the application, report, or other document is untrue in a 
material fact, is subject to the penalties imposed by Chapters 85 
and 91, Natural Resources Code.
	(i)  A person is liable to the state for a civil penalty if 
the person applies or attempts to apply the tax exemption 
authorized by this section for a well after the person to whom the 
certificate for the well was issued ceases to be the operator of the 
well as shown by the records of the commission.  The amount of the 
penalty may not exceed the sum of:
		(1)  $10,000; and                                                      
		(2)  the difference between the amount of taxes paid or 
attempted to be paid and the amount of taxes due.
	(j)  The attorney general may recover a penalty under 
Subsection (i) in a suit brought on behalf of the state.  Venue for 
the suit is in Travis County.
	Sec. 202.061.  TAX CREDIT FOR ENHANCED EFFICIENCY EQUIPMENT. 
(a) In this section, "enhanced efficiency equipment" means 
equipment used in the production of oil that reduces the energy used 
to produce a barrel of  fluid by 10 percent or more when compared to 
commonly available alternative equipment.  The term does not 
include a motor or downhole pump.  Equipment does not qualify as 
enhanced efficiency equipment unless an institution of higher 
education approved by the comptroller that is located in this state 
and that has an accredited petroleum engineering program evaluated 
the equipment and determined that the equipment does produce the 
required energy reduction.
	(b)  The taxpayer responsible for the payment of severance 
taxes on the production from a well in this state on which enhanced 
efficiency equipment is installed and used is entitled to a credit 
in an amount equal to 20 percent of the cost of the equipment, 
provided that:
		(1)  the cumulative total of all severance tax credits 
authorized by this section may not exceed $2,000 for any well;
		(2)  the enhanced efficiency equipment installed in a 
qualifying well must have been purchased and installed not earlier 
than September 1, 2005, or later than September 1, 2009;
		(3)  the taxpayer must file an application with the 
comptroller for the credit and must demonstrate to the comptroller 
that the enhanced efficiency equipment has been purchased and 
installed in the well within the period prescribed by Subdivision 
(2);
		(4)  the number of applications the comptroller may 
approve each state fiscal year may not exceed a number equal to two 
percent of the producing wells in this state on September 1 of that 
state fiscal year, as determined by the comptroller; and
		(5)  the manufacturer of the enhanced efficiency 
equipment must obtain an evaluation of the product under Subsection 
(a).
	(c)  The taxpayer may carry any unused credit forward until 
the credit is used.
	SECTION 19.  Sections 89.043, 89.083, 91.113, 91.114, and 
91.115, Natural Resources Code, as amended by this Act, and 
Sections 89.089 and 91.004, Natural Resources Code, as added by 
this Act, apply only to an administrative proceeding that is 
initiated on or after the effective date of this Act or a cause of 
action that is filed in connection with an administrative 
proceeding that is initiated on or after the effective date of this 
Act.  An administrative proceeding that was initiated before the 
effective date of this Act or a cause of action that is filed in 
connection with an administrative proceeding that was initiated 
before the effective date of this Act is governed by the law in 
effect on the date the administrative proceeding was initiated, and 
the former law is continued in effect for that purpose.
	SECTION 20.  (a)  Sections 201.059 and 202.058, Tax Code, as 
added by this Act, apply to gas and oil produced on or after the 
effective date of this Act.  Gas and oil produced before the 
effective date of this Act are governed by the law in effect on the 
date the gas and oil were produced, and that law is continued in 
effect for that purpose.
	(b)  As soon as practicable after the effective date of this 
Act, the comptroller shall perform the initial certification 
determination required by Sections 201.059 and 202.058, Tax Code, 
as added by this Act.  The initial certification determination must 
cover the three-month period beginning on June 1, 2005.
	(c)  Sections 201.059 and 202.058, Tax Code, as added by this 
Act, do not affect tax liability accruing before the effective date 
of this Act.  That liability continues in effect as if this Act had 
not been enacted, and the former law is continued in effect for the 
collection of tax due and for civil and criminal enforcement of the 
liability for those taxes.
	SECTION 21.  (a)  Except as provided by Subsection (b) of this 
section, this Act takes effect September 1, 2005.
	(b)  The following provisions take effect January 1, 2006:                     
		(1)  Sections 81.116(d), 89.044, and 91.112(a), 
Natural Resources Code, as amended by this Act;
		(2)  Sections 89.047 and 89.048, Natural Resources 
Code, as added by this Act;
		(3)  Sections 201.053, 201.058(a), and 202.052(c), Tax 
Code, as amended by this Act; and
		(4)  Section 202.060, Tax Code, as added by this Act.