By: Birdwell S.B. No. 1759
(In the Senate - Filed February 28, 2025; March 13, 2025,
read first time and referred to Committee on Natural Resources;
April 7, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 7, 2025,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1759 By: Birdwell
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 an oil and gas operation,
as defined by Section 81.0523, including the uncontrolled release
of oil, gas, or produced water from an oil or gas well or other type
of well regulated by the commission.
Sec. 91.952. EMERGENCY DECLARATION. (a) The executive
director of the commission by proclamation may declare an oil or gas
emergency if the executive director finds that an oil or gas
emergency has occurred. A proclamation issued under this section
must:
(1) be in writing;
(2) be signed by the executive director; and
(3) include:
(A) a description of the nature of the oil or gas
emergency; and
(B) 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 as provided by
this subsection. The executive director of the commission may
renew a proclamation in the same manner as the executive director
may issue a proclamation under Subsection (a) for an additional 30
days. If the commission determines that the emergency is likely to
continue beyond the 60th day after the date the emergency was
declared under Subsection (a), the commission may renew the
proclamation for additional 60-day periods as necessary for public
health and safety until the emergency no longer exists.
(c) If the commission determines that an oil or gas
emergency no longer exists, the commission may terminate the
proclamation issued under Subsection (a) or allow the proclamation
to expire.
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 response to an oil or gas emergency:
(1) that is declared 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.
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