89R8688 JAM-F     By: Darby H.B. No. 3911       A BILL TO BE ENTITLED   AN ACT   relating to the plugging or replugging of certain inactive wells   subject to the jurisdiction of the Railroad Commission of Texas.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 89.045, Natural Resources Code, is   amended to read as follows:          Sec. 89.045.  LIABILITY FOR DAMAGES. The commission and its   employees and agents, the operator, [and] the nonoperator, and any   private person who has paid money to the commission to plug or   replug a well under Section 89.084 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.          SECTION 2.  Subchapter C, Chapter 89, Natural Resources   Code, is amended by adding Section 89.049 to read as follows:          Sec. 89.049.  PLUGGING OR REPLUGGING OF ORPHANED WELL BY OIL   AND GAS LESSEE OR MINERAL ESTATE OWNER. (a) In this section,   "operator in good standing" and "orphaned well" have the meanings   assigned by Section 89.047.          (b)  An operator in good standing who is the owner of an   interest in a current oil and gas lease or the mineral estate of a   tract of land on which an orphaned well is located may contract with   a commission-approved well plugger to plug or replug the well.          (c)  A well plugger who enters into a contract under   Subsection (b) shall:                (1)  not later than the 30th day before the date the   well is to be plugged or replugged, mail notice of the plugger's   intent to plug or replug the well to the operator of the well at the   operator's address as shown by the records of the commission;                (2)  assume responsibility for the physical operation   and control of the well as shown by a form filed with and approved by   the commission; and                (3)  plug or replug the well in accordance with   commission rules.          (d)  An operator in good standing who enters into a contract   under Subsection (b) does not assume responsibility for the   physical operation and control of the orphaned well and is not   liable for any plugging or replugging responsibility or damages   that may occur as a result of acts done or omitted to be done   relating to plugging or replugging the well under this section.          (e)  Paying money to or contracting with a well plugger to   plug or replug an orphaned well under this section is not an   admission that the person paying the money or contracting for the   plugging or replugging of the well is obligated to plug or replug   the well. Evidence that a person has paid money to or contracted   with a well plugger to plug or replug a well under this section is   not admissible against the person in a suit in which the person's   obligation to plug or replug the well is an issue, and introducing   the evidence is a compulsory ground for mistrial.          (f)  The commission shall adopt any rules reasonably   necessary to implement this section.          SECTION 3.  This Act takes effect September 1, 2025.