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.