89R8041 AMF-D
By: Birdwell S.B. No. 1759
A BILL TO BE ENTITLED
AN ACT
relating to the declaration of an oil or gas emergency by the
Railroad Commission of Texas and the liability of a person for
assistance, advice, or resources provided in relation to an oil or
gas emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 91, Natural Resources Code, is amended
by adding Subchapter U to read as follows:
SUBCHAPTER U. OIL OR GAS EMERGENCIES
Sec. 91.951. DEFINITION. In this subchapter, "oil or gas
emergency" means an emergency related to the production, storage,
or transportation of oil or gas, including the uncontrolled release
of oil, gas, or water from an oil or gas well.
Sec. 91.952. EMERGENCY DECLARATION. (a) The commission by
proclamation may declare an oil or gas emergency if the commission
finds that an oil or gas emergency has occurred. A proclamation
issued under this section must include:
(1) a description of the nature of the oil or gas
emergency; and
(2) a designation of the area threatened by the oil or
gas emergency.
(b) An emergency proclamation issued under Subsection (a)
may not continue for more than 30 days unless renewed by the
commission.
Sec. 91.953. EMERGENCY ASSISTANCE. (a) Except in the case
of gross negligence, recklessness, or intentional misconduct, a
person is immune from civil liability for an act or omission that
occurs in giving assistance, advice, or resources, including the
use of the person's assets, employees, or contractors, with respect
to the management of an oil or gas emergency:
(1) that is declared by the commission under Section
91.952; and
(2) in which the assistance, advice, or resources are
provided at the request of an authorized representative of a state,
local, or federal agency.
(b) The immunities provided by this section are in addition
to any other immunity or limitations of liability provided by law.
SECTION 2. Subchapter U, Chapter 91, Natural Resources
Code, as added by this Act, does not apply to a cause of action that
accrued before the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2025.