Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Eiland                                       H.B. No. 3033

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to indemnity provisions in certain mineral agreements.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 127.004, Civil Practice and Remedies Code

 1-5     is amended to read as follows:

 1-6           Sec. 127.004.  EXCLUSIONS.  This chapter does not apply to

 1-7     loss or liability for damages arising from:

 1-8                 (1)  personal injury, death, or property injury that

 1-9     results from radioactivity;

1-10                 (2)  property injury that results from pollution,

1-11     including cleanup and control of the pollutant;

1-12                 (3)  property injury that results from reservoir or

1-13     underground damage, including loss of oil, gas, other mineral

1-14     substance, or water or the well bore itself;

1-15                 (4)  personal injury, death, or property injury that

1-16     results from the performance or services to control a wild well to

1-17     protect the safety of the general public or to prevent depletion of

1-18     vital natural resources; or

1-19                 (5)  cost of control of a wild well, underground or

1-20     above the surface, or;

1-21                 (6)  covenants, promises, agreements and understandings

1-22     to indemnify made by an indemnitor having assets of more than

1-23     $25,000,000 (twenty-five million dollars) at the end of its last

1-24     fiscal year preceding the making of the covenant, promise,

 2-1     agreement or understanding.

 2-2           SECTION 2.  This Act takes effect September 1, 1997 with

 2-3     respect to covenants, promises, agreements and understandings made

 2-4     after that date.

 2-5           SECTION 3.  The importance of this legislation and the

 2-6     crowded condition of the calendars in both houses create an

 2-7     emergency and an imperative public necessity that the

 2-8     constitutional rule requiring bills to be read on three several

 2-9     days in each house be suspended, and this rule is hereby suspended.