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A BILL TO BE ENTITLED
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AN ACT
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relating to the declaration of an oil or gas emergency by the |
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Railroad Commission of Texas and the liability of a person for |
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assistance, advice, or resources provided in relation to an oil or |
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gas emergency. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 91, Natural Resources Code, is amended |
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by adding Subchapter U to read as follows: |
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SUBCHAPTER U. OIL OR GAS EMERGENCIES |
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Sec. 91.951. DEFINITION. In this subchapter, "oil or gas |
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emergency" means an emergency related to an oil and gas operation, |
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as defined by Section 81.0523, including the uncontrolled release |
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of oil, gas, or produced water from an oil or gas well or other type |
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of well regulated by the commission. |
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Sec. 91.952. EMERGENCY DECLARATION. (a) The executive |
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director of the commission by proclamation may declare an oil or gas |
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emergency if the executive director finds that an oil or gas |
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emergency has occurred. A proclamation issued under this section |
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must: |
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(1) be in writing; |
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(2) be signed by the executive director; and |
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(3) include: |
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(A) a description of the nature of the oil or gas |
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emergency; and |
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(B) a designation of the area threatened by the |
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oil or gas emergency. |
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(b) An emergency proclamation issued under Subsection (a) |
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may not continue for more than 30 days unless renewed as provided by |
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this subsection. The executive director of the commission may |
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renew a proclamation in the same manner as the executive director |
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may issue a proclamation under Subsection (a) for an additional 30 |
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days. If the commission determines that the emergency is likely to |
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continue beyond the 60th day after the date the emergency was |
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declared under Subsection (a), the commission may renew the |
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proclamation for additional 60-day periods as necessary for public |
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health and safety until the emergency no longer exists. |
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(c) If the commission determines that an oil or gas |
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emergency no longer exists, the commission may terminate the |
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proclamation issued under Subsection (a) or allow the proclamation |
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to expire. |
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Sec. 91.953. EMERGENCY ASSISTANCE. (a) Except in the case |
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of gross negligence, recklessness, or intentional misconduct, a |
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person is immune from civil liability for an act or omission that |
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occurs in giving assistance, advice, or resources, including the |
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use of the person's assets, employees, or contractors, with respect |
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to the response to an oil or gas emergency: |
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(1) that is declared under Section 91.952; and |
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(2) in which the assistance, advice, or resources are |
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provided at the request of an authorized representative of a state, |
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local, or federal agency. |
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(b) The immunities provided by this section are in addition |
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to any other immunity or limitations of liability provided by law. |
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SECTION 2. Subchapter U, Chapter 91, Natural Resources |
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Code, as added by this Act, does not apply to a cause of action that |
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accrued before the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |