H.B. No. 3619 amends the Natural Resources Code to clarify the rights and liabilities of surface estate owners regarding wells that are plugged or replugged by the Railroad Commission of Texas. The bill introduces new provisions, including Subsection (g) to Section 89.043, which mandates that the commission must restore the surface of the land to its original topography unless the surface estate owner declines this restoration. Additionally, Subsection (c) is added to Section 89.044, stating that individuals authorized to enter the land cannot take actions that would prevent the surface estate owner from accessing their property, except when necessary to protect public health.
Furthermore, the bill modifies Section 89.045 to establish liability protections. It states that the commission, its employees, agents, and both operators and nonoperators are not liable for damages resulting from their good-faith actions under this chapter. It also provides immunity to the surface estate owner from civil liability for damages caused by actions taken by the commission or authorized individuals while carrying out their duties. The provisions of this act will apply only to wells plugged or replugged on or after its effective date of September 1, 2025.
Statutes affected: Introduced: Natural Resources Code 89.043, Natural Resources Code 89.044, Natural Resources Code 89.045 (Natural Resources Code 89)
House Committee Report: Natural Resources Code 89.043, Natural Resources Code 89.044, Natural Resources Code 89.045 (Natural Resources Code 89)
Engrossed: Natural Resources Code 89.043, Natural Resources Code 89.044, Natural Resources Code 89.045 (Natural Resources Code 89)
Senate Committee Report: Natural Resources Code 89.043, Natural Resources Code 89.044, Natural Resources Code 89.045 (Natural Resources Code 89)
Enrolled: Natural Resources Code 89.043, Natural Resources Code 89.044, Natural Resources Code 89.045 (Natural Resources Code 89)