Texas 2023 - 88th Regular

Texas Senate Bill SB502 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 502
2	2
3	3
4	4	AN ACT
5	5	relating to the treatment, recycling for beneficial use, or
6	6	disposal of drill cuttings.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Sections 123.001(2) and (3), Natural Resources
9	9	Code, are amended to read as follows:
10	10	(2) "Drill cuttings" means bits of rock or soil cut
11	11	from a subsurface formation by a drill bit during the process of
12	12	drilling an oil or gas well and lifted to the surface by means of the
13	13	circulation of drilling mud. The term includes any associated
14	14	sand, silt, drilling fluid, spent completion fluid, workover fluid,
15	15	debris, water, brine, oil scum, paraffin, or other material cleaned
16	16	out of the wellbore.
17	17	(3) "Permit holder" means a person who holds a permit
18	18	from the commission to operate a stationary commercial solid oil
19	19	and gas waste recycling facility or a commercial oil and gas waste
20	20	disposal facility.
21	21	SECTION 2. Section 123.003, Natural Resources Code, is
22	22	amended to read as follows:
23	23	Sec. 123.003. RESPONSIBILITY IN TORT. Unless otherwise
24	24	provided by a contract or other written agreement, a [A] person who
25	25	generates drill cuttings and transfers the drill cuttings in an
26	26	arm's length transaction to an unaffiliated third-party [a] permit
27	27	holder under a contract that requires [with the contractual
28	28	understanding] that the drill cuttings [will] be used in connection
29	29	with road building or another beneficial use or disposed of is not
30	30	liable in tort for a consequence of the subsequent use or disposal
31	31	of the drill cuttings by the permit holder or by another person if:
32	32	(1) the person who generates the drill cuttings has
33	33	the legal and contractual right to transfer the drill cuttings to
34	34	the permit holder;
35	35	(2) the method and location of the use or disposal are
36	36	not prohibited by law, contract, or other written agreement; and
37	37	(3) the consequence was caused solely by the permit
38	38	holder.
39	39	SECTION 3. The change in law made by this Act applies only
40	40	to a cause of action that accrues on or after the effective date of
41	41	this Act. A cause of action that accrues before the effective date
42	42	of this Act is governed by the law in effect immediately before that
43	43	date, and that law is continued in effect for that purpose.
44	44	SECTION 4. This Act takes effect immediately if it receives
45	45	a vote of two-thirds of all the members elected to each house, as
46	46	provided by Section 39, Article III, Texas Constitution. If this
47	47	Act does not receive the vote necessary for immediate effect, this
48	48	Act takes effect September 1, 2023.
49	49	______________________________ ______________________________
50	50	President of the Senate Speaker of the House
51	51	I hereby certify that S.B. No. 502 passed the Senate on
52	52	April 12, 2023, by the following vote: Yeas 31, Nays 0.
53	53	______________________________
54	54	Secretary of the Senate
55	55	I hereby certify that S.B. No. 502 passed the House on
56	56	May 9, 2023, by the following vote: Yeas 146, Nays 1, one present
57	57	not voting.
58	58	______________________________
59	59	Chief Clerk of the House
60	60	Approved:
61	61	______________________________
62	62	Date
63	63	______________________________
64	64	Governor