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A BILL TO BE ENTITLED
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AN ACT
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relating to the repeal of the production taxes on crude petroleum |
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and sulphur. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The following provisions are repealed: |
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(1) Sections 81.111, 81.112, and 81.113, Natural |
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Resources Code; and |
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(2) Chapter 203, Tax Code. |
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SECTION 2. Section 355.102(f), Estates Code, is amended to |
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read as follows: |
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(f) Class 5 claims are composed of claims for taxes, |
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penalties, and interest due under Title 2, Tax Code, Chapter 2153, |
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Occupations Code, former Section 81.111, Natural Resources Code, |
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the Municipal Sales and Use Tax Act (Chapter 321, Tax Code), Section |
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451.404, Transportation Code, or Subchapter I, Chapter 452, |
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Transportation Code. |
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SECTION 3. Section 81.018(a), Natural Resources Code, is |
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amended to read as follows: |
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(a) Salaries and other expenses necessary in the |
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administration and enforcement of the oil and gas laws shall be paid |
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by warrants drawn by the comptroller on the State Treasury from |
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general revenue [funds provided under Section 81.112 of this code]. |
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SECTION 4. The heading to Subchapter E, Chapter 81, Natural |
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Resources Code, is amended to read as follows: |
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SUBCHAPTER E. FEES AND REPORTS [TAX] |
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SECTION 5. Section 81.116(b), Natural Resources Code, is |
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amended to read as follows: |
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(b) The fee is in addition to, and independent of any |
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liability for, the tax [taxes] imposed under [Section 81.111 of
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this code and] Chapter 202, Tax Code. |
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SECTION 6. Section 112.155(a), Tax Code, is amended to read |
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as follows: |
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(a) The amount of a judgment for the plaintiff shall be |
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credited against any tax, penalty, or interest imposed by this |
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title [or by Section 81.111, Natural Resources Code,] and due from |
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the plaintiff. |
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SECTION 7. Section 151.308, Tax Code, is amended to read as |
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follows: |
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Sec. 151.308. ITEMS TAXED BY OTHER LAW. (a) The following |
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are exempted from the taxes imposed by this chapter: |
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(1) oil as taxed by Chapter 202; |
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(2) [sulphur as taxed by Chapter 203;
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[(3)] motor fuels and special fuels as defined, taxed, |
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or exempted by Chapter 162; |
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(3) [(4)] cement as taxed by Chapter 181; |
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(4) [(5)] motor vehicles, trailers, and semitrailers |
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as defined, taxed, or exempted by Chapter 152, other than a mobile |
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office or an oilfield portable unit, as those terms are defined by |
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Section 152.001; |
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(5) [(6)] mixed beverages, ice, or nonalcoholic |
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beverages and the preparation or service of these items if the |
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receipts are taxable by Subchapter B, Chapter 183, or the items are |
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taxable by Subchapter B-1, Chapter 183; |
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(6) [(7)] alcoholic beverages when sold to the holder |
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of a private club registration permit or to the agent or employee of |
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the holder of a private club registration permit if the holder or |
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agent or employee is acting as the agent of the members of the club |
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and if the beverages are to be served on the premises of the club; |
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(7) [(8)] oil well service as taxed by Subchapter E, |
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Chapter 191; and |
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(8) [(9)] insurance premiums subject to gross |
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premiums taxes. |
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(b) Natural gas is exempted under Subsection (a)(2) |
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[(a)(3)] only to the extent that the gas is taxed as a motor fuel |
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under Chapter 162. |
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SECTION 8. Subchapter H, Chapter 151, Tax Code, is amended |
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by adding Section 151.3171 to read as follows: |
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Sec. 151.3171. SULPHUR. Sulphur is exempted from the taxes |
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imposed by this chapter. |
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SECTION 9. The change in law made by this Act does not |
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affect tax liability accruing before the effective date of this |
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Act. That liability continues in effect as if this Act had not been |
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enacted, and the former law is continued in effect for the |
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collection of taxes due and for civil and criminal enforcement of |
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the liability for those taxes. |
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SECTION 10. This Act takes effect September 1, 2015. |