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       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 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.