This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.
Amend CSHB 469 by striking page 6, lines 5 through 14,
substituting the following appropriately numbered SECTION, and
renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 202.0545, Tax Code, is amended by
amending Subsections (a), (c), and (f) and adding Subsection (i) to
read as follows:
(a) Subject to the limitations provided by this section,
[until the later of the seventh anniversary of the date that the
comptroller first approves an application for a tax rate reduction
under this section or the effective date of a final rule adopted by
the United States Environmental Protection Agency regulating
carbon dioxide as a pollutant,] the producer of oil recovered
through an enhanced oil recovery project that qualifies under
Section 202.054 for the recovered oil tax rate provided by Section
202.052(b) is entitled to an additional 50 percent reduction in
that tax rate if in the recovery of the oil the enhanced oil
recovery project uses carbon dioxide that:
(1) is captured from an anthropogenic source in this
state;
(2) would otherwise be released into the atmosphere as
industrial emissions;
(3) is measurable at the source of capture; and
(4) is sequestered in one or more geological
formations in this state following the enhanced oil recovery
process.
(c) To qualify for the tax rate reduction under this
section, the operator must:
(1) apply to the comptroller for the reduction and
include with the application any information and documentation that
the comptroller may require; [and]
(2) apply for a certification from:
(A) the Railroad Commission of Texas, if carbon
dioxide used in the project is to be sequestered in an oil or
natural gas reservoir;
(B) the Texas Commission on Environmental
Quality, if carbon dioxide used in the project is to be sequestered
in a geological formation other than an oil or natural gas
reservoir; or
(C) both the Railroad Commission of Texas and the
Texas Commission on Environmental Quality if both Paragraphs (A)
and (B) apply; and
(3) have begun using carbon dioxide that satisfies the
criteria of Subsection (a) in an enhanced oil recovery project not
later than August 31, 2016.
(f) The comptroller shall approve the application if the
operator submits the certification or certifications required by
Subsection (c)(2) and if the comptroller determines that the oil is
otherwise eligible under this section and the operator meets the
requirement specified by Subsection (c)(3).
(i) This section expires August 31, 2039.