Texas 2025 - 89th Regular

Texas House Bill HB3911 Compare Versions

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11 89R8688 JAM-F
22 By: Darby H.B. No. 3911
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the plugging or replugging of certain inactive wells
1010 subject to the jurisdiction of the Railroad Commission of Texas.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Section 89.045, Natural Resources Code, is
1313 amended to read as follows:
1414 Sec. 89.045. LIABILITY FOR DAMAGES. The commission and its
1515 employees and agents, the operator, [and] the nonoperator, and any
1616 private person who has paid money to the commission to plug or
1717 replug a well under Section 89.084 are not liable for any damages
1818 that may occur as a result of acts done or omitted to be done by them
1919 or each of them in a good-faith effort to carry out this chapter.
2020 SECTION 2. Subchapter C, Chapter 89, Natural Resources
2121 Code, is amended by adding Section 89.049 to read as follows:
2222 Sec. 89.049. PLUGGING OR REPLUGGING OF ORPHANED WELL BY OIL
2323 AND GAS LESSEE OR MINERAL ESTATE OWNER. (a) In this section,
2424 "operator in good standing" and "orphaned well" have the meanings
2525 assigned by Section 89.047.
2626 (b) An operator in good standing who is the owner of an
2727 interest in a current oil and gas lease or the mineral estate of a
2828 tract of land on which an orphaned well is located may contract with
2929 a commission-approved well plugger to plug or replug the well.
3030 (c) A well plugger who enters into a contract under
3131 Subsection (b) shall:
3232 (1) not later than the 30th day before the date the
3333 well is to be plugged or replugged, mail notice of the plugger's
3434 intent to plug or replug the well to the operator of the well at the
3535 operator's address as shown by the records of the commission;
3636 (2) assume responsibility for the physical operation
3737 and control of the well as shown by a form filed with and approved by
3838 the commission; and
3939 (3) plug or replug the well in accordance with
4040 commission rules.
4141 (d) An operator in good standing who enters into a contract
4242 under Subsection (b) does not assume responsibility for the
4343 physical operation and control of the orphaned well and is not
4444 liable for any plugging or replugging responsibility or damages
4545 that may occur as a result of acts done or omitted to be done
4646 relating to plugging or replugging the well under this section.
4747 (e) Paying money to or contracting with a well plugger to
4848 plug or replug an orphaned well under this section is not an
4949 admission that the person paying the money or contracting for the
5050 plugging or replugging of the well is obligated to plug or replug
5151 the well. Evidence that a person has paid money to or contracted
5252 with a well plugger to plug or replug a well under this section is
5353 not admissible against the person in a suit in which the person's
5454 obligation to plug or replug the well is an issue, and introducing
5555 the evidence is a compulsory ground for mistrial.
5656 (f) The commission shall adopt any rules reasonably
5757 necessary to implement this section.
5858 SECTION 3. This Act takes effect September 1, 2025.