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, the official text

S.B. No. 1759

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 may declare an oil or gas emergency if

the executive director finds that an oil or gas emergency has

occurred. A declaration 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 declaration issued under Subsection (a)

may not continue for more than 30 days unless renewed as provided by

this subsection. If the commission determines that the emergency

is likely to continue beyond the 30th day after the date the

emergency was declared under Subsection (a), the commission may

renew the declaration for additional 30-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

declaration issued under Subsection (a) or allow the declaration 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.

______________________________
______________________________

President of the Senate
Speaker of the House

I hereby certify that S.B. No. 1759 passed the Senate on

April 16, 2025, by the following vote: Yeas 31, Nays 0; and that

the Senate concurred in House amendments on May 12, 2025, by the

following vote: Yeas 30, Nays 0.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 1759 passed the House, with

amendments, on May 6, 2025, by the following vote: Yeas 147,

Nays 0, one present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor