81R6456 KLA-D By: Strama H.B. No. 1210 A BILL TO BE ENTITLED AN ACT relating to the oil production tax rate reduction for oil recovered through certain enhanced oil recovery projects. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 202.0545(a), Tax Code, is amended to read as follows: (a) Subject to the limitations provided by this section, until the later of the 30th [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. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.