1 | 1 | | 89R8688 JAM-F |
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2 | 2 | | By: Darby H.B. No. 3911 |
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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 plugging or replugging of certain inactive wells |
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10 | 10 | | subject to the jurisdiction of the Railroad Commission of Texas. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 89.045, Natural Resources Code, is |
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13 | 13 | | amended to read as follows: |
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14 | 14 | | Sec. 89.045. LIABILITY FOR DAMAGES. The commission and its |
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15 | 15 | | employees and agents, the operator, [and] the nonoperator, and any |
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16 | 16 | | private person who has paid money to the commission to plug or |
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17 | 17 | | replug a well under Section 89.084 are not liable for any damages |
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18 | 18 | | that may occur as a result of acts done or omitted to be done by them |
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19 | 19 | | or each of them in a good-faith effort to carry out this chapter. |
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20 | 20 | | SECTION 2. Subchapter C, Chapter 89, Natural Resources |
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21 | 21 | | Code, is amended by adding Section 89.049 to read as follows: |
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22 | 22 | | Sec. 89.049. PLUGGING OR REPLUGGING OF ORPHANED WELL BY OIL |
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23 | 23 | | AND GAS LESSEE OR MINERAL ESTATE OWNER. (a) In this section, |
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24 | 24 | | "operator in good standing" and "orphaned well" have the meanings |
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25 | 25 | | assigned by Section 89.047. |
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26 | 26 | | (b) An operator in good standing who is the owner of an |
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27 | 27 | | interest in a current oil and gas lease or the mineral estate of a |
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28 | 28 | | tract of land on which an orphaned well is located may contract with |
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29 | 29 | | a commission-approved well plugger to plug or replug the well. |
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30 | 30 | | (c) A well plugger who enters into a contract under |
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31 | 31 | | Subsection (b) shall: |
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32 | 32 | | (1) not later than the 30th day before the date the |
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33 | 33 | | well is to be plugged or replugged, mail notice of the plugger's |
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34 | 34 | | intent to plug or replug the well to the operator of the well at the |
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35 | 35 | | operator's address as shown by the records of the commission; |
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36 | 36 | | (2) assume responsibility for the physical operation |
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37 | 37 | | and control of the well as shown by a form filed with and approved by |
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38 | 38 | | the commission; and |
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39 | 39 | | (3) plug or replug the well in accordance with |
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40 | 40 | | commission rules. |
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41 | 41 | | (d) An operator in good standing who enters into a contract |
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42 | 42 | | under Subsection (b) does not assume responsibility for the |
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43 | 43 | | physical operation and control of the orphaned well and is not |
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44 | 44 | | liable for any plugging or replugging responsibility or damages |
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45 | 45 | | that may occur as a result of acts done or omitted to be done |
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46 | 46 | | relating to plugging or replugging the well under this section. |
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47 | 47 | | (e) Paying money to or contracting with a well plugger to |
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48 | 48 | | plug or replug an orphaned well under this section is not an |
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49 | 49 | | admission that the person paying the money or contracting for the |
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50 | 50 | | plugging or replugging of the well is obligated to plug or replug |
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51 | 51 | | the well. Evidence that a person has paid money to or contracted |
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52 | 52 | | with a well plugger to plug or replug a well under this section is |
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53 | 53 | | not admissible against the person in a suit in which the person's |
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54 | 54 | | obligation to plug or replug the well is an issue, and introducing |
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55 | 55 | | the evidence is a compulsory ground for mistrial. |
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56 | 56 | | (f) The commission shall adopt any rules reasonably |
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57 | 57 | | necessary to implement this section. |
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58 | 58 | | SECTION 3. This Act takes effect September 1, 2025. |
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