87R4483 BEF-D     By: Goodwin H.B. No. 1494       A BILL TO BE ENTITLED   AN ACT   relating to the applicability of the gas production tax to flared or   vented gas at an increased rate; imposing a tax.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 201.052, Tax Code, is amended to read as   follows:          Sec. 201.052.  RATES [RATE] OF TAX. [(a)] The tax imposed   by this chapter is at the rate of:                (1)  7.5 percent of the market value of gas produced and   saved in this state by the producer; and                (2)  25 percent of the market value of gas produced and   flared or vented in this state by the producer.          SECTION 2.  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                (3) [(4)]  produced in this state from a well that   qualifies under Section 202.056 or 202.060, except as provided by   Section 201.062.          SECTION 3.  Section 201.054(b), Tax Code, is amended to read   as follows:          (b)  The rate of the tax imposed by this section is the same   as the rate of the tax imposed by Section 201.052(1) [201.052 of   this code].          SECTION 4.  Section 201.057(c), Tax Code, is amended to read   as follows:          (c)  High-cost gas produced from a well that is spudded or   completed after August 31, 1996, is entitled to a reduction of the   tax imposed by this chapter for the first 120 consecutive calendar   months beginning on the first day of production, or until the   cumulative value of the tax reduction equals 50 percent of the   drilling and completion costs incurred for the well, whichever   occurs first. The amount of tax reduction shall be computed by   subtracting from the tax rate imposed by Section 201.052(1)   [201.052] the product of that tax rate times the ratio of drilling   and completion costs incurred for the well to twice the median   drilling and completion costs for high-cost wells spudded or   completed during the previous state fiscal year, except that the   effective rate of tax may not be reduced below zero.          SECTION 5.  Subchapter B, Chapter 201, Tax Code, is amended   by adding Sections 201.061 and 201.062 to read as follows:          Sec. 201.061.  ANNUAL EXEMPTION FOR FLARED OR VENTED GAS.   (a) Each calendar year, a producer is entitled to an exemption from   the tax imposed at the rate provided by Section 201.052(2).          (b)  The exemption applies to gas produced and flared or   vented in this state by the producer during a calendar year in an   amount equal to, at the producer's election:                (1)  1,000 mcf; or                (2)  0.5 percent of the total amount of gas produced in   this state by the producer during the calendar year.          (c)  The comptroller by rule shall provide procedures for a   producer to claim the exemption, including electing an amount under   Subsection (b) and allocating the amount among all gas produced and   flared or vented by the producer during a calendar year.          (d)  The exemption under this section may not be transferred   to another producer or calendar year.          Sec. 201.062.  APPLICABILITY OF CERTAIN PROVISIONS TO FLARED   OR VENTED GAS. Notwithstanding any other law including Section   201.058(a), Sections 201.057, 201.059, 202.056, 202.057, and   202.060 do not apply to gas that is flared or vented and may not be   used to reduce any amount of tax imposed at the rate provided by   Section 201.052(2).          SECTION 6.  Sections 201.101(a) and (c), Tax Code, are   amended to read as follows:          (a)  Except as provided by Section 201.1011, the [The] market   value of gas is its value at the mouth of the well from which it is   produced. The value of gas at the mouth of the well is determined by   ascertaining the producer's actual marketing costs and subtracting   those costs from the producer's gross cash receipts from the sale of   the gas.          (c)  Marketing costs do not include:                (1)  costs incurred in producing the gas;                (2)  costs incurred in normal lease separation of the   oil or condensate; [or]                (3)  insurance premiums on the marketing facility;                (4)  the value of gas that is flared or vented; or                (5)  any cost associated with flaring or venting gas.          SECTION 7.  Subchapter C, Chapter 201, Tax Code, is amended   by adding Section 201.1011 to read as follows:          Sec. 201.1011.  MARKET VALUE OF FLARED OR VENTED GAS. (a)   The market value of flared or vented gas is equal to the amount   determined under Subsection (b) for the month in which the gas is   produced.          (b)  The comptroller shall determine the average cash value   at the mouth of the well for all gas produced and saved in this state   during each month, with no deduction for marketing costs. The   comptroller shall publish the amount determined on the   comptroller's Internet website.          (c)  The comptroller may determine an amount under   Subsection (b) using a price index or other available statistical   data.          SECTION 8.  Section 201.151, Tax Code, is amended to read as   follows:          Sec. 201.151.  PRODUCER'S RECORDS. (a) A producer shall   keep accurate records of all gas the producer produces, including   the amount of gas produced and saved and the amount of gas produced   and flared or vented.          (b)  The records shall be kept in the state.          SECTION 9.  Section 201.201, Tax Code, is amended to read as   follows:          Sec. 201.201.  TAX DUE. The tax imposed by this chapter for   gas produced [and saved] is due at the office of the comptroller in   Austin on the 20th day of the second month following the month of   production.          SECTION 10.  Section 201.203(a), Tax Code, is amended to   read as follows:          (a)  On or before the 20th day of the second month following   the month in which gas was produced, the producer shall file a   report with the comptroller on forms prescribed by the comptroller.   The report must contain the following information concerning gas   produced during the month being reported:                (1)  the gross amount of gas produced that is subject to   the tax imposed by this chapter, including separate statements of   the amount of gas produced and saved and the amount of gas produced   and flared or vented;                (2)  the leases from which the gas was produced;                (3)  the names and addresses of the first purchasers of   the gas, if applicable; and                (4)  other information the comptroller may reasonably   require.          SECTION 11.  The changes in law made 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 taxes due and for civil and criminal enforcement of   the liability for those taxes.          SECTION 12.  This Act takes effect September 1, 2021.