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A BILL TO BE ENTITLED
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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 restore the surface of the tract of |
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land on which the well is located to the condition in which it |
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existed before the plugging or replugging operations began. |
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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 not liable for any damages that may occur |
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as a result of acts done or omitted to be done in carrying out this |
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chapter by the commission, an employee or agent of the commission, |
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or any other person authorized under this 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. |