Bill Text: TX HB1906 | 2015-2016 | 84th Legislature | Introduced


Bill Title: Relating to the repeal of the production taxes on crude petroleum and sulphur.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2015-03-31 - Left pending in committee [HB1906 Detail]

Download: Texas-2015-HB1906-Introduced.html
  84R11059 CJC-F
 
  By: Springer H.B. No. 1906
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the repeal of the production taxes on crude petroleum
  and sulphur.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The following provisions are repealed:
               (1)  Sections 81.111, 81.112, and 81.113, Natural
  Resources Code; and
               (2)  Chapter 203, Tax Code.
         SECTION 2.  Section 355.102(f), Estates Code, is amended to
  read as follows:
         (f)  Class 5 claims are composed of claims for taxes,
  penalties, and interest due under Title 2, Tax Code, Chapter 2153,
  Occupations Code, former Section 81.111, Natural Resources Code,
  the Municipal Sales and Use Tax Act (Chapter 321, Tax Code), Section
  451.404, Transportation Code, or Subchapter I, Chapter 452,
  Transportation Code.
         SECTION 3.  Section 81.018(a), Natural Resources Code, is
  amended to read as follows:
         (a)  Salaries and other expenses necessary in the
  administration and enforcement of the oil and gas laws shall be paid
  by warrants drawn by the comptroller on the State Treasury from
  general revenue [funds provided under Section 81.112 of this code].
         SECTION 4.  The heading to Subchapter E, Chapter 81, Natural
  Resources Code, is amended to read as follows:
  SUBCHAPTER E. FEES AND REPORTS [TAX]
         SECTION 5.  Section 81.116(b), Natural Resources Code, is
  amended to read as follows:
         (b)  The fee is in addition to, and independent of any
  liability for, the tax [taxes] imposed under [Section 81.111 of
  this code and] Chapter 202, Tax Code.
         SECTION 6.  Section 112.155(a), Tax Code, is amended to read
  as follows:
         (a)  The amount of a judgment for the plaintiff shall be
  credited against any tax, penalty, or interest imposed by this
  title [or by Section 81.111, Natural Resources Code,] and due from
  the plaintiff.
         SECTION 7.  Section 151.308, Tax Code, is amended to read as
  follows:
         Sec. 151.308.  ITEMS TAXED BY OTHER LAW. (a)  The following
  are exempted from the taxes imposed by this chapter:
               (1)  oil as taxed by Chapter 202;
               (2)  [sulphur as taxed by Chapter 203;
               [(3)]  motor fuels and special fuels as defined, taxed,
  or exempted by Chapter 162;
               (3) [(4)]  cement as taxed by Chapter 181;
               (4) [(5)]  motor vehicles, trailers, and semitrailers
  as defined, taxed, or exempted by Chapter 152, other than a mobile
  office or an oilfield portable unit, as those terms are defined by
  Section 152.001;
               (5) [(6)]  mixed beverages, ice, or nonalcoholic
  beverages and the preparation or service of these items if the
  receipts are taxable by Subchapter B, Chapter 183, or the items are
  taxable by Subchapter B-1, Chapter 183;
               (6) [(7)]  alcoholic beverages when sold to the holder
  of a private club registration permit or to the agent or employee of
  the holder of a private club registration permit if the holder or
  agent or employee is acting as the agent of the members of the club
  and if the beverages are to be served on the premises of the club;
               (7) [(8)]  oil well service as taxed by Subchapter E,
  Chapter 191; and
               (8) [(9)]  insurance premiums subject to gross
  premiums taxes.
         (b)  Natural gas is exempted under Subsection (a)(2) 
  [(a)(3)] only to the extent that the gas is taxed as a motor fuel
  under Chapter 162.
         SECTION 8.  Subchapter H, Chapter 151, Tax Code, is amended
  by adding Section 151.3171 to read as follows:
         Sec. 151.3171.  SULPHUR. Sulphur is exempted from the taxes
  imposed by this chapter.
         SECTION 9.  The change in law made by this Act does 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 10.  This Act takes effect September 1, 2015.
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