Bill Text: TX HB4021 | 2025-2026 | 89th Legislature | Comm Sub
Bill Title: 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.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2025-05-05 - Laid on the table subject to call [HB4021 Detail]
Download: Texas-2025-HB4021-Comm_Sub.html
| 89R23595 AMF-D | |||
| By: Dyson | H.B. No. 4021 | ||
| Substitute the following for H.B. No. 4021: | |||
| By: Darby | C.S.H.B. No. 4021 | ||
|
|
||
|
|
||
| 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 by proclamation may declare an oil or gas | ||
| emergency if the executive director finds that an oil or gas | ||
| emergency has occurred. A proclamation 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 proclamation issued under Subsection (a) | ||
| may not continue for more than 30 days unless renewed as provided by | ||
| this subsection. The executive director of the commission may | ||
| renew a proclamation in the same manner as the executive director | ||
| may issue a proclamation under Subsection (a) for an additional 30 | ||
| days. If the commission determines that the emergency is likely to | ||
| continue beyond the 60th day after the date the emergency was | ||
| declared under Subsection (a), the commission may renew the | ||
| proclamation for additional 60-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 | ||
| proclamation issued under Subsection (a) or allow the proclamation | ||
| 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. | ||
