1-1 By: Lindsay S.B. No. 1604
1-2 (In the Senate - Filed March 14, 1997; March 24, 1997, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 23, 1997, reported favorably by the following vote: Yeas 6,
1-5 Nays 0; April 23, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to indemnity provisions in certain mineral agreements.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 127.004, Civil Practice and Remedies
1-11 Code, is amended to read as follows:
1-12 Sec. 127.004. Exclusions. This chapter does not apply to
1-13 loss or liability for damages or an expense arising from:
1-14 (1) personal injury, death, or property injury that
1-15 results from radioactivity;
1-16 (2) property injury that results from pollution,
1-17 including cleanup and control of the pollutant;
1-18 (3) property injury that results from reservoir or
1-19 underground damage, including loss of oil, gas, other mineral
1-20 substance, or water or the well bore itself;
1-21 (4) personal injury, death, or property injury that
1-22 results from the performance of services to control a wild well to
1-23 protect the safety of the general public or to prevent depletion of
1-24 vital natural resources; [or]
1-25 (5) cost of control of a wild well, underground or
1-26 above the surface; or
1-27 (6) covenants, promises, agreements, and
1-28 understandings to indemnify made by an indemnitor having assets of
1-29 more than $25 million at the end of its last fiscal year preceding
1-30 the making of the covenant, promise, agreement or understanding.
1-31 SECTION 2. This Act takes effect September 1, 1997, with
1-32 respect to covenants, promises, agreements, and understandings made
1-33 after that date.
1-34 SECTION 3. The importance of this legislation and the
1-35 crowded condition of the calendars in both houses create an
1-36 emergency and an imperative public necessity that the
1-37 constitutional rule requiring bills to be read on three several
1-38 days in each house be suspended, and this rule is hereby suspended.
1-39 * * * * *