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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 may declare an oil or gas emergency if |
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the executive director finds that an oil or gas emergency has |
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occurred. A declaration issued under this section must: |
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(1) be in writing; |
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(2) be authorized 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 declaration 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. If the commission determines that the emergency |
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is likely to continue beyond the 30th day after the date the |
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emergency was declared under Subsection (a), the commission may |
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renew the declaration for additional 30-day periods as necessary |
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for public 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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declaration issued under Subsection (a) or allow the declaration to |
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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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1759 passed the Senate on |
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April 16, 2025, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendments on May 12, 2025, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1759 passed the House, with |
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amendments, on May 6, 2025, by the following vote: Yeas 147, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |