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  83R1080 CJC-F
 
  By: Ellis S.B. No. 71
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to eligibility for the tax reduction for certain high-cost
  gas and the allocation of certain gas production tax revenue.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 201.057, Tax Code, is amended by adding
  Subsections (e-1) and (e-2) to read as follows:
         (e-1)  Each month, the commission shall certify the average
  closing price of gas during the previous three months based on
  various price indices available to producers.  The commission
  shall publish certifications under this subsection in the Texas
  Register. Notwithstanding any other provision of this section, the
  commission may not certify that gas is high-cost gas for purposes of
  this section during any month that the average closing price of gas
  certified by the commission for the previous three-month period is
  more than $4 per mcf. If the price is later $4 per mcf or less, any
  drilling and completion costs incurred during a month when the
  price exceeds $4 per mcf are excluded from the calculation of the
  cumulative value of the exemption under Subsection (c).
         (e-2)  The comptroller shall determine the additional
  revenue from the tax imposed under this chapter that results from
  the application of Subsection (e-1). After deducting the amount
  required by Section 201.403, the comptroller shall deposit that
  revenue to the credit of the foundation school fund. Section
  201.404 does not apply to revenue deposited under this subsection.
         SECTION 2.  The Railroad Commission of Texas shall publish
  the initial certification required by Section 201.057(e-1), Tax
  Code, as added by this Act, not later than September 30, 2013.
         SECTION 3.  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 4.  This Act takes effect September 1, 2013.