H.B. No. 2161
AN ACT
relating to the power of the Railroad Commission of Texas to adopt 
and enforce safety standards and practices applicable to the 
transportation by pipeline of certain substances and to certain 
pipeline facilities, the provision of severance tax credits and 
exemptions and other incentives and procedures for producing oil or 
gas from certain wells or plugging wells, and the procedure for 
computing severance taxes in connection with certain gas sales; 
imposing an administrative penalty.
	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 81.117(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 201.053, 201.057, 
[and] 201.058, and 202.060, Tax Code, do not affect the fee imposed 
by this section.
	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 well site.
	(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 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 6.  Section 117.012, Natural Resources Code, is 
amended by amending Subsection (a) and adding Subsections (n), (o), 
and (p) to read as follows:
	(a)  The commission shall adopt rules that include safety 
standards for and practices applicable to the intrastate 
transportation of hazardous liquids or carbon dioxide by pipeline 
and intrastate hazardous liquid or carbon dioxide pipeline 
facilities, including safety standards related to the prevention of 
damage to such a facility resulting from the movement of earth by a 
person in the vicinity of the facility, other than movement by 
tillage that does not exceed a depth of 16 inches.
	(n)  In this subsection, "telecommunications service" and 
"information service" have the meanings assigned by 47 U.S.C. 
Section 153.  Notwithstanding Subsection (a), this title does not 
grant the commission jurisdiction or right-of-way management 
authority over a provider of telecommunications service or 
information service.  A provider of telecommunications service or 
information service shall comply with all applicable safety 
standards, including those provided by Subchapter G, Chapter 756, 
Health and Safety Code.
	(o)  The power granted by Subsection (a) does not apply to:             
		(1)  surface mining operations; or                                     
		(2)  other entities or occupations if the commission 
determines in its rulemaking process that exempting those entities 
or occupations from rules adopted under that subsection:
			(A)  is in the public interest; or                                    
			(B)  is not likely to cause harm to the safety and 
welfare of the public.
	(p)  The commission may not implement rules adopted under 
Subsection (a) regulating the movement of earth by a person in the 
vicinity of a facility until September 1, 2007.  This subsection 
expires September 1, 2008.
	SECTION 7.  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 8.  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 9.  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.
	(g)  This section expires September 1, 2007.                            
	SECTION 10.  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 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].
	SECTION 11.  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 12.  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.
	(h)  This section expires September 1, 2007.                            
	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:
		(1)  "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.
		(2)  "Marginal well" means an oil well that produces 10 
barrels of oil or less per day on average during a month.
	(b)  The taxpayer responsible for the payment of severance 
taxes on the production from a marginal well in this state on which 
enhanced efficiency equipment is installed and used is entitled to 
a credit in an amount equal to 10 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 $1,000 for any marginal 
well;
		(2)  the enhanced efficiency equipment installed in a 
qualifying marginal 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 marginal 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 one 
percent of the producing marginal 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 13.  Section 121.201, Utilities Code, is amended by 
amending Subsections (a) and (b) and adding Subsections (d), (e), 
and (f) to read as follows:
	(a)  The railroad commission [by rule] may:                   
		(1)  by rule prescribe or adopt safety standards for 
the transportation of gas and for gas pipeline facilities, 
including safety standards related to the prevention of damage to 
such a facility resulting from the movement of earth by a person in 
the vicinity of the facility, other than movement by tillage that 
does not exceed a depth of 16 inches;
		(2)  by rule require an operator that does not file 
operator organization information under Section 91.142, Natural 
Resources Code, to provide the information to the commission in the 
form of an application;
		(3)  by rule require record maintenance and reports;                   
		(4)  inspect records and facilities to determine 
compliance with [adopted] safety standards prescribed or adopted 
under Subdivision (1);
		(5)  make certifications and reports from time to time;                
		(6)  seek designation by the United States secretary of 
transportation as an agent to conduct safety inspections of 
interstate gas pipeline facilities located in this state; and
		(7)  by rule take any other requisite action in 
accordance with  49 U.S.C. Section 60101 et seq., or a succeeding 
law.
	(b)  The power granted by Subsection (a):                               
		(1)  does not apply to the transportation of gas or to 
gas facilities subject to the exclusive control of the United 
States but applies to the transportation of gas and gas pipeline 
facilities in this state to the maximum degree permissible under 49 
U.S.C. Section 60101 et seq., or a succeeding law; and
		(2)  is granted to provide exclusive state control over 
safety standards and practices applicable to the transportation of 
gas and gas pipeline facilities within the borders of this state to 
the maximum degree permissible under that law.
	(d)  In this subsection, "telecommunications service" and 
"information service" have the meanings assigned by 47 U.S.C. 
Section 153.  Notwithstanding Subsection (a), this title does not 
grant the railroad commission jurisdiction or right-of-way 
management authority over a provider of telecommunications service 
or information service.  A provider of telecommunications service 
or information service shall comply with all applicable safety 
standards, including those provided by Subchapter G, Chapter 756, 
Health and Safety Code.
	(e)  The power granted by Subsection (a) does not apply to:             
		(1)  surface mining operations; or                                     
		(2)  other entities or occupations if the railroad 
commission determines in its rulemaking process that exempting 
those entities or occupations from rules adopted under that 
subsection:
			(A)  is in the public interest; or                                    
			(B)  is not likely to cause harm to the safety and 
welfare of the public.
	(f)  The railroad commission may not implement rules adopted 
under Subsection (a) until September 1, 2007.  This subsection 
expires September 1, 2008.
	SECTION 14.  Sections 121.206(a) and (d), Utilities Code, 
are amended to read as follows:
	(a)  The railroad commission may assess an administrative 
penalty against a person who violates Section 121.201 [or 
Subchapter I] or a safety standard or other rule prescribed or
[relating to the transportation of gas and gas pipeline facilities] 
adopted under that section [those provisions].
	(d)  The railroad commission by rule shall adopt guidelines 
to be used in determining the amount of a penalty under this 
subchapter.  The guidelines shall include a penalty calculation 
worksheet that specifies the typical penalty for certain 
violations, circumstances justifying enhancement of a penalty and 
the amount of the enhancement, and circumstances justifying a 
reduction in a penalty and the amount of the reduction.  The 
guidelines shall take into account:
		(1)  the person's history of previous violations of  
Section 121.201 or a safety standard or other rule prescribed or
[relating to the transportation of gas and gas pipeline facilities] 
adopted under that section, including the number of previous 
violations;
		(2)  the seriousness of the violation and of any 
pollution resulting from the violation;
		(3)  any hazard to the health or safety of the public;                        
		(4)  the degree of culpability;                                               
		(5)  the demonstrated good faith of the person charged; 
and                 
		(6)  any other factor the commission considers 
relevant.                    
	SECTION 15.  (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 16.  The changes made by this Act to Section 201.102, 
Tax Code, apply to a refund claim or a determination under Chapter 
111, Tax Code, for which the comptroller has not issued a final 
order or decision on or before the effective date of this Act 
without regard to whether the taxes that are the subject of the 
refund claim or determination are due before, on, or after the 
effective date of this Act.
	SECTION 17.  The Railroad Commission of Texas may not adopt 
safety standards under Section 121.201(a), Utilities Code, or 
Section 117.012(a), Natural Resources Code, as amended by this Act, 
until the Pipeline and Hazardous Materials Safety Administration of 
the United States Department of Transportation adopts the rules 
published at 69 Fed. Reg. 35279 (2004) (to be codified at 49 C.F.R. 
Parts 192 and 195) (proposed June 3, 2004) or other rules pertaining 
to public education programs for hazardous liquid and gas pipeline 
operators.
	SECTION 18.  (a)  The change in law made by this Act to 
Section 121.206, Utilities Code, applies only to a violation 
committed on or after the effective date of this Act.  For purposes 
of this section, a violation is committed before the effective date 
of this Act if any element of the violation occurred before that 
date.
	(b)  A violation committed before the effective date of this 
Act is covered by the law in effect when the violation was 
committed, and the former law is continued in effect for that 
purpose.
	SECTION 19.  (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), 81.117(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.                         
______________________________              ______________________________
 
   President of the Senate                               Speaker of the House      
	I certify that H.B. No. 2161 was passed by the House on April 
27, 2005, by a non-record vote; that the House refused to concur in 
Senate amendments to H.B. No. 2161 on May 27, 2005, and requested 
the appointment of a conference committee to consider the 
differences between the two houses; and that the House adopted the 
conference committee report on H.B. No. 2161 on May 29, 2005, by a 
non-record vote.
                                                  ______________________________
                                                     Chief Clerk of the House   
	I certify that H.B. No. 2161 was passed by the Senate, with 
amendments, on May 25, 2005, by the following vote:  Yeas 30, Nays 
1; at the request of the House, the Senate appointed a conference 
committee to consider the differences between the two houses; and 
that the Senate adopted the conference committee report on H.B. No. 
2161 on May 29, 2005, by the following vote:  Yeas 20, Nays 0, 1 
present, not voting.
                                                  ______________________________
                                                      Secretary of the Senate   
APPROVED: __________________                                                
 
                Date                                                         
 
         __________________                                              
 
              Governor