By: Guillen H.B. No. 4907
A BILL TO BE ENTITLED
AN ACT
relating to capturing and storing carbon dioxide.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Civil Practice and Remedies Code, is
amended by adding Chapter 100B to read as follows:
CHAPTER 100B. LIMITED LIABILITY FOR CAPTURING AND STORING CARBON
DIOXIDE
Sec. 100B.001. DEFINITIONS. In this chapter:
(1) "Captured carbon dioxide" means carbon dioxide
from any source that, through human effort or means, is seized for
the purpose of sequestering the carbon dioxide with the intent of
permanently preventing the carbon dioxide from being released into
the atmosphere, including carbon dioxide that is:
(A) captured from the atmosphere;
(B) stripped, segregated, or divided from a fluid
stream; or
(C) captured from an emissions source, including
from:
(i) an advanced clean energy project as
defined by Section 382.003, Health and Safety Code;
(ii) an electric generation facility; or
(iii) an industrial source of emissions.
(2) "Carbon dioxide" means the chemical compound
composed of one carbon and two oxygen atoms. The term includes:
(A) anthropogenic carbon dioxide;
(B) naturally occurring carbon dioxide;
(C) carbon dioxide captured from the atmosphere;
and
(D) phases, mixtures, and combinations of carbon
dioxide that include:
(i) a substance incidentally derived from
the source materials for or process of capturing the carbon
dioxide;
(ii) a substance added to the carbon
dioxide stream to enable or improve storage of the carbon dioxide;
and
(iii) a substance incidentally captured
with carbon dioxide captured from the atmosphere.
(3) "Geologic storage" means the underground storage
of carbon dioxide in a reservoir.
(4) "Geologic storage facility" means the underground
reservoir, underground equipment, injection wells, and surface
buildings and equipment used or to be used for the geologic storage
of carbon dioxide and all surface and subsurface rights and
appurtenances necessary to the operation of a facility for the
geologic storage of carbon dioxide. The term includes any
reasonable and necessary areal buffer and subsurface monitoring
zones, pressure fronts, and other areas as may be necessary for this
state to receive delegation of any federal underground injection
control program relating to the storage of carbon dioxide.
(5) "Reservoir" has the meaning assigned by Section
27.002, Water Code.
(6) "Stored carbon dioxide" means captured carbon
dioxide that is being transported or temporarily or permanently
stored.
Sec. 100B.002. CAPTURED OR STORED CARBON DIOXIDE NOT
NUISANCE. (a) Stored carbon dioxide is not:
(1) a pollutant; or
(2) a nuisance, including a public nuisance, under
common law or the laws of this state, including Chapter 125.
(b) A person may not bring a nuisance action or similar
cause of action on the basis that captured carbon dioxide, stored
carbon dioxide, or a process associated with capturing or storing
carbon dioxide constitutes a nuisance.
SECTION 2. Chapter 100B, Civil Practice and Remedies Code,
as added by this Act, is an exercise of authority under Section
66(c), Article III, Texas Constitution, and takes effect only if
this Act receives a vote of three-fifths of all the members elected
to each house, as provided by Subsection (e) of that section.
SECTION 3. The changes in law made by this Act apply only to
a cause of action that accrues on or after the effective date of
this Act. A cause of action that accrued before the effective date
of this Act is governed by the law as it existed immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
SECTION 4. This Act takes effect September 1, 2023.