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        |  | AN ACT | 
      
        |  | relating to calculation of daily production for purposes of the oil | 
      
        |  | and gas production tax credits for low-producing wells and leases. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | SECTION 1.  Section 201.059(a)(3), Tax Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (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 greater of the monthly | 
      
        |  | production from the well as reported in the monthly well production | 
      
        |  | reports [ report] made to the commission and the monthly production | 
      
        |  | from the well as reported in the producer's reports made to the | 
      
        |  | comptroller under Section 201.203, including any amendments to | 
      
        |  | those reports. | 
      
        |  | SECTION 2.  Section 202.058(b), Tax Code, is amended to read | 
      
        |  | as follows: | 
      
        |  | (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 greater of the monthly | 
      
        |  | production from the well as reported in the monthly lease | 
      
        |  | production reports [ report] made to the commission and the monthly | 
      
        |  | production from the well as reported in the producer's reports made | 
      
        |  | to the comptroller under Section 202.201, including any amendments | 
      
        |  | to those reports.  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. | 
      
        |  | 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, 2019. | 
      
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        |  | ______________________________ | ______________________________ | 
      
        |  | President of the Senate | Speaker of the House | 
      
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        |  | I hereby certify that S.B. No. 925 passed the Senate on | 
      
        |  | April 4, 2019, by the following vote:  Yeas 31, Nays 0. | 
      
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        |  | ______________________________ | 
      
        |  | Secretary of the Senate | 
      
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        |  | I hereby certify that S.B. No. 925 passed the House on | 
      
        |  | May 3, 2019, by the following vote:  Yeas 140, Nays 0, two present | 
      
        |  | not voting. | 
      
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        |  | ______________________________ | 
      
        |  | Chief Clerk of the House | 
      
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        |  | Approved: | 
      
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        |  | ______________________________ | 
      
        |  | Date | 
      
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        |  | ______________________________ | 
      
        |  | Governor |