H.B. No. 49 amends the Natural Resources Code to establish guidelines for the treatment and beneficial use of fluid oil and gas waste, while also limiting liability for individuals involved in these processes. The bill introduces new provisions that clarify the responsibilities of those who handle fluid oil and gas waste, including owners of the surface estate of real property. Specifically, it states that individuals who take possession of fluid oil and gas waste for treatment and either use it beneficially or transfer it to another party are not liable for torts resulting from the subsequent use of that treated waste. Additionally, the bill outlines that producers and suppliers of fluid oil and gas waste are not liable for consequences arising from the treatment or use of that waste, provided they comply with relevant regulations.

The bill also specifies that liability is not affected in cases of gross negligence or intentional wrongdoing, and it mandates the Texas Commission on Environmental Quality to adopt rules governing the treatment and beneficial use of fluid oil and gas waste and its byproducts. The changes will apply only to causes of action that arise after the bill's effective date of September 1, 2025, ensuring that any claims prior to this date will be governed by existing law.

Statutes affected:
Introduced: Natural Resources Code 122.001, Natural Resources Code 122.002, Natural Resources Code 122.004 (Natural Resources Code 122)
House Committee Report: Natural Resources Code 122.003, Natural Resources Code 122.004 (Natural Resources Code 122)
Engrossed: Natural Resources Code 122.003, Natural Resources Code 122.004 (Natural Resources Code 122)
Senate Committee Report: Natural Resources Code 122.003, Natural Resources Code 122.004 (Natural Resources Code 122)
Enrolled: Natural Resources Code 122.003, Natural Resources Code 122.004 (Natural Resources Code 122)