Texas 2025 - 89th Regular

Texas Senate Bill SB1146 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Birdwell, Blanco S.B. No. 1146
2		-
3		-
	1	+	By: Birdwell S.B. No. 1146
	2	+	(In the Senate - Filed February 6, 2025; February 24, 2025,
	3	+	read first time and referred to Committee on Natural Resources;
	4	+	March 24, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 8, Nays 0; March 24, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1146 By: Parker
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5	10
6	11		A BILL TO BE ENTITLED
7	12		AN ACT
8	13		relating to the plugging or replugging of certain inactive wells
9	14		subject to the jurisdiction of the Railroad Commission of Texas.
10	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	16		SECTION 1. Section 89.045, Natural Resources Code, is
12	17		amended to read as follows:
13	18		Sec. 89.045. LIABILITY FOR DAMAGES. The commission and its
14	19		employees and agents, the operator, [and] the nonoperator, and any
15	20		private person who has paid money to the commission to plug or
16	21		replug a well under Section 89.084 are not liable for any damages
17	22		that may occur as a result of acts done or omitted to be done by them
18	23		or each of them in a good-faith effort to carry out this chapter.
19	24		SECTION 2. Subchapter C, Chapter 89, Natural Resources
20	25		Code, is amended by adding Section 89.049 to read as follows:
21	26		Sec. 89.049. PLUGGING OR REPLUGGING OF ORPHANED WELL BY OIL
22	27		AND GAS LESSEE OR MINERAL ESTATE OWNER. (a) In this section,
23	28		"operator in good standing" and "orphaned well" have the meanings
24	29		assigned by Section 89.047.
25	30		(b) An operator in good standing who is the owner of an
26	31		interest in a current oil and gas lease or the mineral estate of a
27	32		tract of land on which an orphaned well is located or the owner of
28	33		the surface estate of a tract of land on which an orphaned well is
29	34		located may contract with a commission-approved well plugger to
30	35		plug or replug the well.
31	36		(c) A well plugger who enters into a contract under
32	37		Subsection (b) shall:
33	38		(1) not later than the 30th day before the date the
34	39		well is to be plugged or replugged, mail notice of the plugger's
35	40		intent to plug or replug the well to the operator of the well or the
36	41		surface owner, as applicable, at the operator's or surface owner's
37	42		address as shown by the records of the commission; and
38	43		(2) plug or replug the well in accordance with
39	44		commission rules.
40	45		(d) An operator in good standing or a surface owner who
41	46		enters into a contract under Subsection (b) does not assume
42	47		responsibility for the physical operation and control of the
43	48		orphaned well and is not liable for any plugging or replugging
44	49		responsibility or damages that may occur as a result of acts done or
45	50		omitted to be done relating to plugging or replugging the well under
46	51		this section.
47	52		(e) Paying money to or contracting with a well plugger to
48	53		plug or replug an orphaned well under this section is not an
49	54		admission that the person paying the money or contracting for the
50	55		plugging or replugging of the well is obligated to plug or replug
51	56		the well. Evidence that a person has paid money to or contracted
52	57		with a well plugger to plug or replug a well under this section is
53	58		not admissible against the person in a suit in which the person's
54	59		obligation to plug or replug the well is an issue, and introducing
55	60		the evidence is a compulsory ground for mistrial.
56	61		(f) The commission may require a plugging or replugging
57	62		operation conducted under this section to be supervised by a
58	63		commission employee. A plugging or replugging operation conducted
59	64		under this section is not considered complete until approved by the
60	65		commission.
61	66		(g) This section does not apply to the owner of the surface
62	67		estate of a tract of land on which an orphaned well is located if the
63	68		surface owner was the operator who abandoned the well.
64	69		(h) The commission shall adopt any rules reasonably
65	70		necessary to implement this section, including rules prescribing
66	71		procedures for the approval by the commission of a well plugging or
67	72		replugging operation conducted under this section.
68	73		SECTION 3. This Act takes effect September 1, 2025.
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