1 | 1 | | 89R8041 AMF-D |
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2 | 2 | | By: Dyson H.B. No. 4021 |
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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 declaration of an oil or gas emergency by the |
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10 | 10 | | Railroad Commission of Texas and the liability of a person for |
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11 | 11 | | assistance, advice, or resources provided in relation to an oil or |
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12 | 12 | | gas emergency. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Chapter 91, Natural Resources Code, is amended |
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15 | 15 | | by adding Subchapter U to read as follows: |
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16 | 16 | | SUBCHAPTER U. OIL OR GAS EMERGENCIES |
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17 | 17 | | Sec. 91.951. DEFINITION. In this subchapter, "oil or gas |
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18 | 18 | | emergency" means an emergency related to the production, storage, |
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19 | 19 | | or transportation of oil or gas, including the uncontrolled release |
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20 | 20 | | of oil, gas, or water from an oil or gas well. |
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21 | 21 | | Sec. 91.952. EMERGENCY DECLARATION. (a) The commission by |
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22 | 22 | | proclamation may declare an oil or gas emergency if the commission |
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23 | 23 | | finds that an oil or gas emergency has occurred. A proclamation |
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24 | 24 | | issued under this section must include: |
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25 | 25 | | (1) a description of the nature of the oil or gas |
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26 | 26 | | emergency; and |
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27 | 27 | | (2) a designation of the area threatened by the oil or |
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28 | 28 | | gas emergency. |
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29 | 29 | | (b) An emergency proclamation issued under Subsection (a) |
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30 | 30 | | may not continue for more than 30 days unless renewed by the |
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31 | 31 | | commission. |
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32 | 32 | | Sec. 91.953. EMERGENCY ASSISTANCE. (a) Except in the case |
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33 | 33 | | of gross negligence, recklessness, or intentional misconduct, a |
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34 | 34 | | person is immune from civil liability for an act or omission that |
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35 | 35 | | occurs in giving assistance, advice, or resources, including the |
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36 | 36 | | use of the person's assets, employees, or contractors, with respect |
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37 | 37 | | to the management of an oil or gas emergency: |
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38 | 38 | | (1) that is declared by the commission under Section |
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39 | 39 | | 91.952; and |
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40 | 40 | | (2) in which the assistance, advice, or resources are |
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41 | 41 | | provided at the request of an authorized representative of a state, |
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42 | 42 | | local, or federal agency. |
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43 | 43 | | (b) The immunities provided by this section are in addition |
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44 | 44 | | to any other immunity or limitations of liability provided by law. |
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45 | 45 | | SECTION 2. Subchapter U, Chapter 91, Natural Resources |
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46 | 46 | | Code, as added by this Act, does not apply to a cause of action that |
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47 | 47 | | accrued before the effective date of this Act. |
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48 | 48 | | SECTION 3. This Act takes effect September 1, 2025. |
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