HB 4021 Introduced

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. 

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A BILL TO BE ENTITLED

 

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 the production, storage,

 

or transportation of oil or gas, including the uncontrolled release

 

of oil, gas, or water from an oil or gas well.

 

       Sec. 91.952.  EMERGENCY DECLARATION. (a) The commission by

 

proclamation may declare an oil or gas emergency if the commission

 

finds that an oil or gas emergency has occurred. A proclamation

 

issued under this section must include:

 

             (1)  a description of the nature of the oil or gas

 

emergency; and

 

             (2)  a designation of the area threatened by the oil or

 

gas emergency.

 

       (b)  An emergency proclamation issued under Subsection (a)

 

may not continue for more than 30 days unless renewed by the

 

commission.

 

       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 management of an oil or gas emergency:

 

             (1)  that is declared by the commission 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. 

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