| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the plugging or replugging of certain inactive wells |
|
|
subject to the jurisdiction of the Railroad Commission of Texas. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 89.045, Natural Resources Code, is |
|
|
amended to read as follows: |
|
|
Sec. 89.045. LIABILITY FOR DAMAGES. The commission and its |
|
|
employees and agents, the operator, [and] the nonoperator, and any |
|
|
private person who has paid money to the commission to plug or |
|
|
replug a well under Section 89.084 are not liable for any damages |
|
|
that may occur as a result of acts done or omitted to be done by them |
|
|
or each of them in a good-faith effort to carry out this chapter. |
|
|
SECTION 2. Subchapter C, Chapter 89, Natural Resources |
|
|
Code, is amended by adding Section 89.049 to read as follows: |
|
|
Sec. 89.049. PLUGGING OR REPLUGGING OF ORPHANED WELL BY OIL |
|
|
AND GAS LESSEE OR MINERAL ESTATE OWNER. (a) In this section, |
|
|
"operator in good standing" and "orphaned well" have the meanings |
|
|
assigned by Section 89.047. |
|
|
(b) An operator in good standing who is the owner of an |
|
|
interest in a current oil and gas lease or the mineral estate of a |
|
|
tract of land on which an orphaned well is located or the owner of |
|
|
the surface estate of a tract of land on which an orphaned well is |
|
|
located may contract with a commission-approved well plugger to |
|
|
plug or replug the well. |
|
|
(c) A well plugger who enters into a contract under |
|
|
Subsection (b) shall: |
|
|
(1) not later than the 30th day before the date the |
|
|
well is to be plugged or replugged, mail notice of the plugger's |
|
|
intent to plug or replug the well to the operator of the well or the |
|
|
surface owner, as applicable, at the operator's or surface owner's |
|
|
address as shown by the records of the commission; and |
|
|
(2) plug or replug the well in accordance with |
|
|
commission rules. |
|
|
(d) An operator in good standing or a surface owner who |
|
|
enters into a contract under Subsection (b) does not assume |
|
|
responsibility for the physical operation and control of the |
|
|
orphaned well and is not liable for any plugging or replugging |
|
|
responsibility or damages that may occur as a result of acts done or |
|
|
omitted to be done relating to plugging or replugging the well under |
|
|
this section. |
|
|
(e) Paying money to or contracting with a well plugger to |
|
|
plug or replug an orphaned well under this section is not an |
|
|
admission that the person paying the money or contracting for the |
|
|
plugging or replugging of the well is obligated to plug or replug |
|
|
the well. Evidence that a person has paid money to or contracted |
|
|
with a well plugger to plug or replug a well under this section is |
|
|
not admissible against the person in a suit in which the person's |
|
|
obligation to plug or replug the well is an issue, and introducing |
|
|
the evidence is a compulsory ground for mistrial. |
|
|
(f) The commission may require a plugging or replugging |
|
|
operation conducted under this section to be supervised by a |
|
|
commission employee. A plugging or replugging operation conducted |
|
|
under this section is not considered complete until approved by the |
|
|
commission. |
|
|
(g) This section does not apply to the owner of the surface |
|
|
estate of a tract of land on which an orphaned well is located if the |
|
|
surface owner was the operator who abandoned the well. |
|
|
(h) The commission shall adopt any rules reasonably |
|
|
necessary to implement this section, including rules prescribing |
|
|
procedures for the approval by the commission of a well plugging or |
|
|
replugging operation conducted under this section. |
|
|
SECTION 3. This Act takes effect September 1, 2025. |
|
|
|
|
|
* * * * * |