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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 may contract with |
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a commission-approved well plugger to 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 at the |
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operator's address as shown by the records of the commission; |
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(2) assume responsibility for the physical operation |
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and control of the well as shown by a form filed with and approved by |
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the commission; and |
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(3) plug or replug the well in accordance with |
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commission rules. |
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(d) An operator in good standing who enters into a contract |
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under Subsection (b) does not assume responsibility for the |
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physical operation and control of the orphaned well and is not |
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liable for any plugging or replugging responsibility or damages |
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that may occur as a result of acts done or omitted to be done |
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relating to plugging or replugging the well under 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 shall adopt any rules reasonably |
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necessary to implement this section. |
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SECTION 3. This Act takes effect September 1, 2025. |