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AN ACT
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relating to the rights and liabilities of the owner of the surface |
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estate of the tract of land on which a well to be plugged or |
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replugged by the Railroad Commission of Texas is located. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 89.043, Natural Resources Code, is |
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amended by adding Subsection (g) to read as follows: |
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(g) If the commission plugs or replugs a well under this |
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section, the commission shall, unless the owner of the surface |
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estate of the tract of land declines to have the surface restored, |
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restore the surface of the tract of land on which the well is |
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located by contouring the surface to the topography that existed |
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before the plugging or replugging operations began in a manner |
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intended to promote the natural revegetation of the tract and in |
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accordance with applicable commission rules. |
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SECTION 2. Section 89.044, Natural Resources Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) Except as necessary to prevent injury to the public |
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health, a person authorized to enter land under this section may |
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not take an action that would prevent the owner of the surface |
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estate of the land from accessing the land. |
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SECTION 3. Section 89.045, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 89.045. LIABILITY FOR DAMAGES. (a) The commission and |
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its employees and agents, the operator, and the nonoperator are not |
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liable for any damages that may occur as a result of acts done or |
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omitted to be done by them or each of them in a good-faith effort to |
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carry out this chapter. |
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(b) The owner of the surface estate of the tract of land on |
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which a well is located is immune from civil liability for any |
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damages that may occur as a result of acts done or omitted to be done |
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in carrying out this chapter by the commission, an employee or agent |
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of the commission, or any other person authorized under this |
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chapter to enter the land. |
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SECTION 4. Section 89.043(g), Natural Resources Code, as |
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added by this Act, applies only to a well that is plugged or |
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replugged on or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2025. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3619 was passed by the House on May |
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12, 2025, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3619 on May 30, 2025, by the following vote: Yeas 108, Nays 27, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3619 was passed by the Senate, with |
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amendments, on May 28, 2025, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |