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89(R) HB 3619 - Enrolled version - Bill Text
H.B. No. 3619
AN ACT
relating to the rights and liabilities of the owner of the surface
estate of the tract of land on which a well to be plugged or
replugged by the Railroad Commission of Texas is located.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 89.043, Natural Resources Code, is
amended by adding Subsection (g) to read as follows:
(g)
If the commission plugs or replugs a well under this
section, the commission shall, unless the owner of the surface
estate of the tract of land declines to have the surface restored,
restore the surface of the tract of land on which the well is
located by contouring the surface to the topography that existed
before the plugging or replugging operations began in a manner
intended to promote the natural revegetation of the tract and in
accordance with applicable commission rules.
SECTION 2. Section 89.044, Natural Resources Code, is
amended by adding Subsection (c) to read as follows:
(c)
Except as necessary to prevent injury to the public
health, a person authorized to enter land under this section may
not take an action that would prevent the owner of the surface
estate of the land from accessing the land.
SECTION 3. Section 89.045, Natural Resources Code, is
amended to read as follows:
Sec. 89.045. LIABILITY FOR DAMAGES.
(a)
The commission and
its employees and agents, the operator, and the nonoperator 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.
(b)
The owner of the surface estate of the tract of land on
which a well is located is immune from civil liability for any
damages that may occur as a result of acts done or omitted to be done
in carrying out this chapter by the commission, an employee or agent
of the commission, or any other person authorized under this
chapter to enter the land.
SECTION 4. Section 89.043(g), Natural Resources Code, as
added by this Act, applies only to a well that is plugged or
replugged on or after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I certify that H.B. No. 3619 was passed by the House on May
12, 2025, by the following vote: Yeas 144, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3619 on May 30, 2025, by the following vote: Yeas 108, Nays 27,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3619 was passed by the Senate, with
amendments, on May 28, 2025, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor