landowners and groundwater districts get to watch inactive well tests

The text as introduced · 384 words

By: Reynolds
H.B. No. 4612

A BILL TO BE ENTITLED

AN ACT

relating to the rights of certain parties in connection with the

performance of certain tests on 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 89.026, Natural Resources Code, is

amended by amending Subsection (b) and adding Subsections (b-1) and

(b-2) to read as follows:

(b) At [ The operator must notify the office of the

commission oil and gas division district in which an inactive well

is located at ] least three days before the date on which the

operator proposes to conduct [ conducts ] a fluid level or hydraulic

pressure test of an inactive [ the ] well , the operator must notify:

(1) the office of the commission oil and gas division

district in which the well is located;

(2) any groundwater conservation district any portion

of the territory of which is located within three miles of the well;

and

(3) the owner of the surface estate of the tract of

land on which the well is located.

(b-1) An operator [ and ] may not conduct a [ the ] test under

this section without the approval of the office to which notice of

the proposed test is given under Subsection (b)(1) . The commission

may require that a test be witnessed by a commission employee. A

representative of any groundwater conservation district to which

notice of a proposed test is given under Subsection (b)(2) and a

surface estate owner, or the representative of a surface estate

owner, to whom notice of a proposed test is given under Subsection

(b)(3) are entitled to witness the test.

(b-2) An operator shall provide the results of an

unsuccessful fluid level or hydraulic pressure test conducted under

this section to any groundwater conservation district to which

notice of the test was given under Subsection (b)(2) and the surface

estate owner to whom notice of the test was given under Subsection

(b)(3).

SECTION 2. Section 89.026, Natural Resources Code, as

amended by this Act, applies only to a fluid level or hydraulic

pressure test conducted on or after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2025.