BILL ANALYSIS Senate Research Center C.S.S.B. 1759 89R20811 AMF-D By: Birdwell Natural Resources 4/2/2025 Committee Report (Substituted) AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Oil and gas operators frequently contribute to cleanup efforts, well plugging, and emergency responses during well breakouts or blowouts. Their resources play a large role in addressing Texas' increasing well plugging challenges. However, volunteer response delays often arise as companies hesitate to get involved due to liability concerns. This bill would create a "Good Samaritan" type statute that would provide liability protection if an operator helps out with an "oil and gas emergency" declared by the Railroad Commission. This new declaration would trigger the liability protection, resulting in quicker and better industry assistance. (Original Author's/Sponsor's Statement of Intent) C.S.S.B. 1759 amends current law 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. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 91, Natural Resources Code, by adding Subchapter U, as follows: SUBCHAPTER U. OIL OR GAS EMERGENCIES Sec. 91.951. DEFINITION. Defines "oil or gas emergency." Sec. 91.952. EMERGENCY DECLARATION. (a) Authorizes the executive director of the Railroad Commission of Texas (executive director) by proclamation to declare an oil or gas emergency if the executive director finds that an oil or gas emergency has occurred. Requires that a proclamation issued under this section be in writing, be signed by the executive director, and include a description of the nature of the oil or gas emergency and a designation of the area threatened by the oil or gas emergency. (b) Prohibits an emergency proclamation issued under Subsection (a) from continuing for more than 30 days unless renewed by the Railroad Commission of Texas (RRC). Authorizes the executive director to renew a proclamation in the same manner as the executive director is authorized to issue a proclamation under Subsection (a) for an additional 30 days. Authorizes RRC, if RRC determines that the emergency is likely to continue beyond the 60th day after the date the emergency was declared under Subsection (a), to renew the proclamation for additional 60-day periods as necessary for public health and safety until the emergency no longer exists. (c) Authorizes RRC, if RRC determines that an oil or gas emergency no longer exists, to terminate the proclamation issued under Subsection (a) or allow the proclamation to expire. Sec. 91.953. EMERGENCY ASSISTANCE. (a) Provides that, 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 that is declared under Section 91.952 and in which the assistance, advice, or resources are provided at the request of an authorized representative of a state, local, or federal agency. (b) Provides that the immunities provided by this section are in addition to any other immunity or limitations of liability provided by law. SECTION 2. Provides that 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. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center C.S.S.B. 1759
89R20811 AMF-D By: Birdwell
Natural Resources
4/2/2025
Committee Report (Substituted)
Senate Research Center
C.S.S.B. 1759
89R20811 AMF-D
By: Birdwell
Natural Resources
4/2/2025
Committee Report (Substituted)
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Oil and gas operators frequently contribute to cleanup efforts, well plugging, and emergency responses during well breakouts or blowouts. Their resources play a large role in addressing Texas' increasing well plugging challenges. However, volunteer response delays often arise as companies hesitate to get involved due to liability concerns.
This bill would create a "Good Samaritan" type statute that would provide liability protection if an operator helps out with an "oil and gas emergency" declared by the Railroad Commission. This new declaration would trigger the liability protection, resulting in quicker and better industry assistance.
(Original Author's/Sponsor's Statement of Intent)
C.S.S.B. 1759 amends current law 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.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Chapter 91, Natural Resources Code, by adding Subchapter U, as follows:
SUBCHAPTER U. OIL OR GAS EMERGENCIES
Sec. 91.951. DEFINITION. Defines "oil or gas emergency."
Sec. 91.952. EMERGENCY DECLARATION. (a) Authorizes the executive director of the Railroad Commission of Texas (executive director) by proclamation to declare an oil or gas emergency if the executive director finds that an oil or gas emergency has occurred. Requires that a proclamation issued under this section be in writing, be signed by the executive director, and include a description of the nature of the oil or gas emergency and a designation of the area threatened by the oil or gas emergency.
(b) Prohibits an emergency proclamation issued under Subsection (a) from continuing for more than 30 days unless renewed by the Railroad Commission of Texas (RRC). Authorizes the executive director to renew a proclamation in the same manner as the executive director is authorized to issue a proclamation under Subsection (a) for an additional 30 days. Authorizes RRC, if RRC determines that the emergency is likely to continue beyond the 60th day after the date the emergency was declared under Subsection (a), to renew the proclamation for additional 60-day periods as necessary for public health and safety until the emergency no longer exists.
(c) Authorizes RRC, if RRC determines that an oil or gas emergency no longer exists, to terminate the proclamation issued under Subsection (a) or allow the proclamation to expire.
Sec. 91.953. EMERGENCY ASSISTANCE. (a) Provides that, 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 that is declared under Section 91.952 and in which the assistance, advice, or resources are provided at the request of an authorized representative of a state, local, or federal agency.
(b) Provides that the immunities provided by this section are in addition to any other immunity or limitations of liability provided by law.
SECTION 2. Provides that 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. Effective date: September 1, 2025.