5 | 3 | | |
---|
6 | 4 | | |
---|
7 | 5 | | A BILL TO BE ENTITLED |
---|
8 | 6 | | AN ACT |
---|
9 | 7 | | relating to allocating a portion of oil and gas production tax |
---|
10 | 8 | | revenue to the counties from which the oil and gas originated. |
---|
11 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
12 | 10 | | SECTION 1. Section 201.404, Tax Code, is amended to read as |
---|
13 | 11 | | follows: |
---|
14 | 12 | | Sec. 201.404. ALLOCATION OF REVENUE. After deducting the |
---|
15 | 13 | | amount required to be deposited by Section 201.403 [of this code], |
---|
16 | 14 | | the comptroller shall deposit [one-fourth of] the revenue collected |
---|
17 | 15 | | from the tax imposed by this chapter as follows: |
---|
18 | 16 | | (1) 25 percent to the credit of the foundation school |
---|
19 | 17 | | fund; |
---|
21 | 19 | | under Section 205.001, to be disbursed to counties for the purposes |
---|
22 | 20 | | and in the manner provided by that section; and |
---|
23 | 21 | | (3) the remainder [three-fourths] to the general |
---|
24 | 22 | | revenue fund. |
---|
25 | 23 | | SECTION 2. Section 202.353, Tax Code, is amended to read as |
---|
26 | 24 | | follows: |
---|
27 | 25 | | Sec. 202.353. ALLOCATION OF REVENUE. After deducting the |
---|
28 | 26 | | amount required to be deposited by Section 202.352 [of this code], |
---|
29 | 27 | | the comptroller shall deposit [one-fourth of] the revenue collected |
---|
30 | 28 | | from the tax imposed by this chapter as follows: |
---|
31 | 29 | | (1) 25 percent to the credit of the foundation school |
---|
32 | 30 | | fund; |
---|
34 | 32 | | under Section 205.001, to be disbursed to counties for the purposes |
---|
35 | 33 | | and in the manner provided by that section; and |
---|
36 | 34 | | (3) the remainder [three-fourths] to the general |
---|
37 | 35 | | revenue fund. |
---|
38 | 36 | | SECTION 3. Subtitle I, Title 2, Tax Code, is amended by |
---|
39 | 37 | | adding Chapter 205 to read as follows: |
---|
40 | 38 | | CHAPTER 205. SEVERANCE TAX TRUST FUND |
---|
41 | 39 | | Sec. 205.001. TRUST FUND FOR REVENUE FROM SEVERANCE TAXES |
---|
42 | 40 | | FOR COUNTIES. (a) The comptroller shall deposit the following in a |
---|
43 | 41 | | trust fund outside the state treasury to be held with the |
---|
44 | 42 | | comptroller in trust: |
---|
45 | 43 | | (1) the revenue collected from the gas production tax |
---|
46 | 44 | | as specified by Section 201.404(2); and |
---|
47 | 45 | | (2) the revenue collected from the oil production tax |
---|
48 | 46 | | as specified by Section 202.353(2). |
---|
49 | 47 | | (b) The comptroller shall: |
---|
50 | 48 | | (1) administer the fund as trustee on behalf of each |
---|
51 | 49 | | county in this state; and |
---|
52 | 50 | | (2) send to the county treasurer payable to the county |
---|
53 | 51 | | the county's share of the revenue in the trust fund as provided by |
---|
54 | 52 | | this section. |
---|
55 | 53 | | (c) Each county's share of the revenue in the trust fund is |
---|
56 | 54 | | equal to the amount of revenue in the trust fund that is |
---|
57 | 55 | | attributable to gas production and oil production in that county. |
---|
58 | 56 | | (d) The comptroller shall remit to a county the county's |
---|
59 | 57 | | share of the revenue in the trust fund not later than the 90th day |
---|
60 | 58 | | after the last day of the calendar month during which the revenue |
---|
61 | 59 | | was deposited in the trust fund. |
---|
66 | 63 | | SECTION 4. The changes in law made by this Act apply only to |
---|
67 | 64 | | tax revenue collected under Chapters 201 and 202, Tax Code, from oil |
---|
68 | 65 | | and gas produced on or after the effective date of this Act. Tax |
---|
69 | 66 | | revenue collected under Chapters 201 and 202, Tax Code, from oil and |
---|
70 | 67 | | gas produced before that date is governed by the law in effect at |
---|
71 | 68 | | the time the oil and gas was produced, and that law is continued in |
---|
72 | 69 | | effect for that purpose. |
---|