Read the full stored bill text
89(R) SB 1759 - Enrolled version - Bill Text
S.B. No. 1759
AN ACT
relating to the declaration of an oil or gas emergency by the
Railroad Commission of Texas and the liability of a person for
assistance, advice, or resources provided in relation to an oil or
gas emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 91, Natural Resources Code, is amended
by adding Subchapter U to read as follows:
SUBCHAPTER U. OIL OR GAS EMERGENCIES
Sec.
91.951.
DEFINITION. In this subchapter, "oil or gas
emergency" means an emergency related to an oil and gas operation,
as defined by Section 81.0523, including the uncontrolled release
of oil, gas, or produced water from an oil or gas well or other type
of well regulated by the commission.
Sec.
91.952.
EMERGENCY DECLARATION. (a) The executive
director of the commission may declare an oil or gas emergency if
the executive director finds that an oil or gas emergency has
occurred. A declaration issued under this section must:
(1) be in writing;
(2) be authorized by the executive director; and
(3) include:
(A)
a description of the nature of the oil or gas
emergency; and
(B)
a designation of the area threatened by the
oil or gas emergency.
(b)
An emergency declaration issued under Subsection (a)
may not continue for more than 30 days unless renewed as provided by
this subsection.
If the commission determines that the emergency
is likely to continue beyond the 30th day after the date the
emergency was declared under Subsection (a), the commission may
renew the declaration for additional 30-day periods as necessary
for public health and safety until the emergency no longer exists.
(c)
If the commission determines that an oil or gas
emergency no longer exists, the commission may terminate the
declaration issued under Subsection (a) or allow the declaration to
expire.
Sec.
91.953.
EMERGENCY ASSISTANCE. (a) Except in the case
of gross negligence, recklessness, or intentional misconduct, a
person is immune from civil liability for an act or omission that
occurs in giving assistance, advice, or resources, including the
use of the person's assets, employees, or contractors, with respect
to the response to an oil or gas emergency:
(1) that is declared under Section 91.952; and
(2)
in which the assistance, advice, or resources are
provided at the request of an authorized representative of a state,
local, or federal agency.
(b)
The immunities provided by this section are in addition
to any other immunity or limitations of liability provided by law.
SECTION 2. Subchapter U, Chapter 91, Natural Resources
Code, as added by this Act, does not apply to a cause of action that
accrued before the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I hereby certify that S.B. No. 1759 passed the Senate on
April 16, 2025, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 12, 2025, by the
following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1759 passed the House, with
amendments, on May 6, 2025, by the following vote: Yeas 147,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor