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Open in new tab HEARING ALERT
Senate Natural Resources
9:00, Wednesday, May 21, 2025
E1.012
Hearing Notice
Video Link
Please attend the hearing or send a representative to register FOR HB 49
Produced Water Liability
HB 49 by Darby (R-San Angelo) and Senator Perry (R-Lubbock)
HB 49 by Rep. Darby and SB 1399 by Sen. Perry specifies that a person who takes possession of fluid oil and gas waste, produces from that waste a treated substance, and either puts it to a beneficial use or contractually transfers it to another person for beneficial use is not liable in tort for a consequence of subsequent use of that product by any person. The liability limitation, however, does not apply to gross negligence, an intentional, wrongful act or omission, or the negligence if the transferee did not treat, use, or dispose of the waste in compliance with its permit from the Commission. The bill further limits recovery for negligence based solely on regulatory non-conformity to actual damages. Exemplary damages would still be available, as they are in any civil lawsuit, for the defendant’s gross negligence, malice, or fraud.
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