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A BILL TO BE ENTITLED
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AN ACT
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relating to the plugging or replugging of certain inactive wells |
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subject to the jurisdiction of the Railroad Commission of Texas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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. The commission and its |
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employees and agents, the operator, [and] the nonoperator, and any |
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private person who has paid money to the commission to plug or |
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replug a well under Section 89.084 are not liable for any damages |
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that may occur as a result of acts done or omitted to be done by them |
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or each of them in a good-faith effort to carry out this chapter. |
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SECTION 2. Subchapter C, Chapter 89, Natural Resources |
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Code, is amended by adding Section 89.049 to read as follows: |
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Sec. 89.049. PLUGGING OR REPLUGGING OF ORPHANED WELL BY OIL |
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AND GAS LESSEE OR MINERAL ESTATE OWNER. (a) In this section, |
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"operator in good standing" and "orphaned well" have the meanings |
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assigned by Section 89.047. |
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(b) An operator in good standing who is the owner of an |
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interest in a current oil and gas lease or the mineral estate of a |
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tract of land on which an orphaned well is located or the owner of |
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the surface estate of a tract of land on which an orphaned well is |
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located may contract with a commission-approved well plugger to |
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plug or replug the well. |
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(c) A well plugger who enters into a contract under |
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Subsection (b) shall: |
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(1) not later than the 30th day before the date the |
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well is to be plugged or replugged, mail notice of the plugger's |
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intent to plug or replug the well to the operator of the well or the |
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surface owner, as applicable, at the operator's or surface owner's |
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address as shown by the records of the commission; and |
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(2) plug or replug the well in accordance with |
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commission rules. |
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(d) An operator in good standing or a surface owner who |
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enters into a contract under Subsection (b) does not assume |
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responsibility for the physical operation and control of the |
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orphaned well and is not liable for any plugging or replugging |
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responsibility or damages that may occur as a result of acts done or |
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omitted to be done relating to plugging or replugging the well under |
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this section. |
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(e) Paying money to or contracting with a well plugger to |
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plug or replug an orphaned well under this section is not an |
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admission that the person paying the money or contracting for the |
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plugging or replugging of the well is obligated to plug or replug |
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the well. Evidence that a person has paid money to or contracted |
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with a well plugger to plug or replug a well under this section is |
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not admissible against the person in a suit in which the person's |
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obligation to plug or replug the well is an issue, and introducing |
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the evidence is a compulsory ground for mistrial. |
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(f) The commission may require a plugging or replugging |
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operation conducted under this section to be supervised by a |
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commission employee. A plugging or replugging operation conducted |
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under this section is not considered complete until approved by the |
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commission. |
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(g) This section does not apply to the owner of the surface |
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estate of a tract of land on which an orphaned well is located if the |
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surface owner was the operator who abandoned the well. |
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(h) The commission shall adopt any rules reasonably |
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necessary to implement this section, including rules prescribing |
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procedures for the approval by the commission of a well plugging or |
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replugging operation conducted under this section. |
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SECTION 3. This Act takes effect September 1, 2025. |