Texas HB 3619: 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.

Bill Text

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