81R1636 JE-D By: Averitt, Harris S.B. No. 846 A BILL TO BE ENTITLED AN ACT relating to the exemption of oil and gas royalty interests owned by private institutions of higher education from oil and gas severance taxes. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 201, Tax Code, is amended by adding Section 201.056 to read as follows: Sec. 201.056. EXEMPTION OF PRIVATE OR INDEPENDENT INSTITUTIONS OF HIGHER EDUCATION. (a) "Private or independent institution of higher education" has the meaning assigned by Section 61.003, Education Code. (b) Royalty interests owned by a private or independent institution of higher education are not subject to the tax imposed by this chapter. SECTION 2. Subchapter B, Chapter 202, Tax Code, is amended by adding Section 202.062 to read as follows: Sec. 202.062. EXEMPTION OF PRIVATE OR INDEPENDENT INSTITUTIONS. (a) "Private or independent institution of higher education" has the meaning assigned by Section 61.003, Education Code. (b) Royalty interests owned by a private or independent institution of higher education are not subject to the tax imposed by this chapter. 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, 2009.