By: Lindsay S.B. No. 1604
A BILL TO BE ENTITLED
AN ACT
1-1 relating to indemnity provisions in certain mineral agreements.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 127.004, Civil Practice and Remedies
1-4 Code, is amended to read as follows:
1-5 Sec. 127.004. Exclusions. This chapter does not apply to
1-6 loss or liability for damages or an expense arising from:
1-7 (1) personal injury, death, or property injury that
1-8 results from radioactivity;
1-9 (2) property injury that results from pollution,
1-10 including cleanup and control of the pollutant;
1-11 (3) property injury that results from reservoir or
1-12 underground damage, including loss of oil, gas, other mineral
1-13 substance, or water or the well bore itself;
1-14 (4) personal injury, death, or property injury that
1-15 results from the performance of services to control a wild well to
1-16 protect the safety of the general public or to prevent depletion of
1-17 vital natural resources; [or]
1-18 (5) cost of control of a wild well, underground or
1-19 above the surface; or
1-20 (6) covenants, promises, agreements, and
1-21 understandings to indemnify made by an indemnitor having assets of
1-22 more than $25 million at the end of its last fiscal year preceding
1-23 the making of the covenant, promise, agreement, or understanding.
2-1 SECTION 2. This Act takes effect September 1, 1997, with
2-2 respect to covenants, promises, agreements, and understandings made
2-3 after that date.
2-4 SECTION 3. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended.