| 1 | 1 | | 89R9800 JAM-D |
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| 2 | 2 | | By: Dean H.B. No. 3619 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the rights and liabilities of the owner of the surface |
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| 10 | 10 | | estate of the tract of land on which a well to be plugged or |
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| 11 | 11 | | replugged by the Railroad Commission of Texas is located. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 89.043, Natural Resources Code, is |
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| 14 | 14 | | amended by adding Subsection (g) to read as follows: |
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| 15 | 15 | | (g) If the commission plugs or replugs a well under this |
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| 16 | 16 | | section, the commission shall restore the surface of the tract of |
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| 17 | 17 | | land on which the well is located to the condition in which it |
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| 18 | 18 | | existed before the plugging or replugging operations began. |
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| 19 | 19 | | SECTION 2. Section 89.044, Natural Resources Code, is |
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| 20 | 20 | | amended by adding Subsection (c) to read as follows: |
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| 21 | 21 | | (c) Except as necessary to prevent injury to the public |
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| 22 | 22 | | health, a person authorized to enter land under this section may |
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| 23 | 23 | | not take an action that would prevent the owner of the surface |
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| 24 | 24 | | estate of the land from accessing the land. |
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| 25 | 25 | | SECTION 3. Section 89.045, Natural Resources Code, is |
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| 26 | 26 | | amended to read as follows: |
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| 27 | 27 | | Sec. 89.045. LIABILITY FOR DAMAGES. (a) The commission and |
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| 28 | 28 | | its employees and agents, the operator, and the nonoperator are not |
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| 29 | 29 | | liable for any damages that may occur as a result of acts done or |
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| 30 | 30 | | omitted to be done by them or each of them in a good-faith effort to |
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| 31 | 31 | | carry out this chapter. |
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| 32 | 32 | | (b) The owner of the surface estate of the tract of land on |
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| 33 | 33 | | which a well is located is not liable for any damages that may occur |
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| 34 | 34 | | as a result of acts done or omitted to be done in carrying out this |
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| 35 | 35 | | chapter by the commission, an employee or agent of the commission, |
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| 36 | 36 | | or any other person authorized under this chapter to enter the land. |
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| 37 | 37 | | SECTION 4. Section 89.043(g), Natural Resources Code, as |
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| 38 | 38 | | added by this Act, applies only to a well that is plugged or |
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| 39 | 39 | | replugged on or after the effective date of this Act. |
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| 40 | 40 | | SECTION 5. This Act takes effect September 1, 2025. |
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