SB 1759: 30-day oil and gas emergencies, with a shield for helpers

Caption

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.

Caption from analyzed text · version H.

Summary

Ordinary mistakes are covered. Gross negligence and recklessness are still fair game.

The bill lets the Railroad Commission's executive director declare an oil or gas emergency, such as a blowout or an uncontrolled release of oil, gas or produced water, for 30 days at a time, with longer renewals by the commission. It touches oil and gas companies, contractors and anyone else who helps respond to such an emergency when a state, local or federal agency asks. People who help during a declared emergency cannot be sued for ordinary mistakes, though they can still be sued for gross negligence, recklessness or intentional misconduct.

Receipt

The receipt

89R-SB1759 · 2025-02-28

SOLD BY

Sen. Brian BirdwellRSenate 22

ITEM

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.

WHAT IT DOES

Ordinary mistakes are covered. Gross negligence and recklessness are still fair game.

The bill lets the Railroad Commission's executive director declare an oil or gas emergency, such as a blowout or an uncontrolled release of oil, gas or produced water, for 30 days at a time, with longer renewals by the commission. It touches oil and gas companies, contractors and anyone else who helps respond to such an emergency when a state, local or federal agency asks. People who help during a declared emergency cannot be sued for ordinary mistakes, though they can still be sued for gross negligence, recklessness or intentional misconduct.

CHARGES

[ ] NONE FOUND

TOTAL

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version F · source

Sources

Fiscal note · version F · May 6, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

HISTORY

Feb 28, 2025Received by the Secretary of the Senate
Feb 28, 2025Filed
Mar 13, 2025Read first time
Mar 13, 2025Referred to Natural Resources
Mar 26, 2025Scheduled for public hearing on . . .
Mar 26, 2025Considered in public hearing
Mar 26, 2025Testimony taken in committee
Mar 26, 2025Left pending in committee
Apr 2, 2025Considered in public hearing
Apr 2, 2025Vote taken in committee
Apr 7, 2025Reported favorably as substituted
Apr 7, 2025Recommended for local & uncontested calendar
Apr 7, 2025Committee report printed and distributed
Apr 16, 2025Placed on local & uncontested calendar
Apr 16, 2025Laid before the Senate
Apr 16, 2025Read 2nd time & passed to engrossment
Apr 16, 2025Vote recorded in Journal
Apr 16, 2025Three day rule suspended
Apr 16, 2025Record vote
Apr 16, 2025Read 3rd time
Apr 16, 2025Passed
Apr 16, 2025Record vote
Apr 16, 2025Reported engrossed
Apr 17, 2025Received from the Senate
Apr 22, 2025Read first time
Apr 22, 2025Referred to Energy Resources
Apr 24, 2025Considered in formal meeting
Apr 24, 2025Committee substitute considered in committee
Apr 24, 2025Reported favorably as substituted
Apr 28, 2025Comte report filed with Committee Coordinator
Apr 28, 2025Committee report distributed
Apr 29, 2025Committee report sent to Calendars
May 5, 2025Laid out in lieu of companion HB 4021
May 5, 2025Read 2nd time
May 5, 2025Amended 1-Dyson
May 5, 2025Passed to 3rd reading as amended
May 6, 2025Read 3rd time
May 6, 2025Passed
May 6, 2025Record vote RV#1483
May 6, 2025Statement(s) of vote recorded in Journal
May 6, 2025House passage as amended reported
May 12, 2025House amendment(s) laid before the Senate
May 12, 2025Read
May 12, 2025Senate concurs in House amendment(s)
May 12, 2025Record vote
May 12, 2025Senate concurs in House amendment(s)-reported
May 12, 2025Reported enrolled
May 14, 2025Signed in the Senate
May 15, 2025Signed in the House
May 15, 2025Sent to the Governor
May 27, 2025Signed by the Governor
May 27, 2025Effective on 9/1/25

FILED UNDER

SPEECH AND LAWFARE

THE TEXT

“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”…

Bill text, House committee report version (H)

The bill creates a lawsuit shield for anyone, including oil and gas companies, who helps with a declared emergency at an agency's request, but it keeps them liable for gross negligence, recklessness or intentional misconduct.

SIGNED FOR BY

House · 147 yea · 0 nay

Senate · 31 yea · 0 nay

Sources

House: Final passage · May 6, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

Senate: Final passage · Apr 16, 2025. Journal. Published stock for this vote. Snapshot 2026-10-19, Central time.

All floor motions and other positions below.

No flags

THANK YOU FOR CHECKING THE RECEIPT

CAMPAIGN PAID FOR BY

Brian Birdwell

Donors

Texans for Lawsuit Reform PAC Austin TX$30,000

Good Government Fund Fort Worth TX$10,000

Texas Oil & Gas Assn. Good Govt. Cmte Austin TX$10,000

Derived from itemized gifts, Jul 1, 2024 to Jun 30, 2026. State data as of Nov 4, 2026.

Not tied to this bill.

Sources

The author's campaign account only. Own money and internal transfers are separate on the member page.

$353,800 raised since Jul 1, 2024. Derived sum of published report totals. blank in the state's data, consistent with zero. Flow, Jul 1, 2024 through Jun 30, 2026. State filing data as of Nov 4, 2026. 4 of 4 filed reports carry a published figure.

$502,039 spent since Jul 1, 2024. Derived sum of published report totals. Flow, Jul 1, 2024 through Jun 30, 2026. State filing data as of Nov 4, 2026. 4 of 4 filed reports carry a published figure.

$731,044 cash on hand. Published report total. Stock, as of Jun 30, 2026. State filing data as of Nov 4, 2026.

$0 loans outstanding. Published report total. Stock, as of Jun 30, 2026. State filing data as of Nov 4, 2026.

Derived sum of itemized contributions in regular reports and uncovered special-session dates. Unitemized contributions are not included. Flow, Jul 1, 2024 through Jun 30, 2026. State filing data as of Nov 4, 2026.

Money

Missing data does not establish zero giving. Display amounts are rounded.

Votes5

Senate May 12, 2025

Yea: 30
Nay: 0
Present, not voting: Not printed
Absent: Not printed
Excused: 1

Names

GutierrezExcused

Named positions matched to lawmakers. See the journal for unmatched names.

Senate journal

Names were not printed for yea. Only the named positions are included in member records.

Sources

Senator Birdwell moved to concur in the House amendments to SB 1759. The motion prevailed by the following vote: Yeas 30, Nays 0.

Published stock of positions for this vote, except where marked derived.

Yea: 30 (published)
Nay: 0 (published)
Present, not voting: Not printed
Absent: Not printed
Excused: 1 (derived from named list)

Senate journal. Source snapshot 2026-10-19, Central time.

House May 6, 2025

Yea: 147
Nay: 0
Present, not voting: 1
Absent: 2
Excused: 0

Names

Named positions matched to lawmakers. See the journal for unmatched names.

House journal

Sources

Record 1483

SB 1759 was passed by (Record 1483): 147 Yeas, 0 Nays, 1 Present, not voting.

Published stock of positions for this vote, except where marked derived.

Yea: 147 (published)
Nay: 0 (published)
Present, not voting: 1 (published)
Absent: 2 (derived from named list)
Excused: 0 (derived from named list)

House journal. Source snapshot 2026-10-19, Central time.

Senate Apr 16, 2025

Final passage

Yea: 31
Nay: 0
Present, not voting: Not printed
Absent: Not printed
Excused: Not printed

Names

Senate journal

Names were not printed. No individual positions are inferred.

The journal row lists three votes in order: passage to engrossment, suspension of the three-day rule, and final passage. This entry records final passage. Repeated tallies belong to separate votes.

Sources

CSSB 1759 (Birdwell) 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. (viva voce vote) (31-0) (31-0)

Published stock of positions for this vote, except where marked derived.

Yea: 31 (published)
Nay: 0 (published)
Present, not voting: Not printed
Absent: Not printed
Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

Senate Apr 16, 2025

Suspension of the three-day rule

Yea: 31
Nay: 0
Present, not voting: Not printed
Absent: Not printed
Excused: Not printed

Names

Senate journal

Names were not printed. No individual positions are inferred.

The journal row lists three votes in order: passage to engrossment, suspension of the three-day rule, and final passage. This entry records suspension of the three-day rule. Repeated tallies belong to separate votes.

Sources

CSSB 1759 (Birdwell) 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. (viva voce vote) (31-0) (31-0)

Published stock of positions for this vote, except where marked derived.

Yea: 31 (published)
Nay: 0 (published)
Present, not voting: Not printed
Absent: Not printed
Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

Senate Apr 16, 2025

Passage to engrossment

Yea: Not printed
Nay: Not printed
Present, not voting: Not printed
Absent: Not printed
Excused: Not printed

Names

Senate journal

Names were not printed. No individual positions are inferred.

The journal row lists three votes in order: passage to engrossment, suspension of the three-day rule, and final passage. This entry records passage to engrossment. Repeated tallies belong to separate votes.

Voice vote. No numeric tally or individual yeas are inferred.

Sources

CSSB 1759 (Birdwell) 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. (viva voce vote) (31-0) (31-0)

Published stock of positions for this vote, except where marked derived.

Yea: Not printed
Nay: Not printed
Present, not voting: Not printed
Absent: Not printed
Excused: Not printed

Senate journal. Source snapshot 2026-10-19, Central time.

Witnesses8

For: 7
Against: 0
On: 1

Names

For

City of Houston1 registration
Lone Star Chapter Sierra Club1 registration
Texas Alliance of Energy Producers1 registration
Texas Independent Produced Water Association1 registration
Texas Independent Producers & Royalty Owners Association (TIPRO)1 registration
Texas Oil and Gas Association1 registration
WaterBridge1 registration

On

Railroad Commission of Texas1 registration

Sources

8 parsed registrations across the loaded witness lists.

Derived stock of witness registrations. Repeated appearances count separately. Organizations and self-representation appear as printed.

Senate witness list. Source snapshot 2026-10-20, Central time.

Fiscal

No significant fiscal implication to the State is anticipated.

LBB estimate · fiscal note version F · source

Sources

Fiscal note · version F · May 6, 2025

No first-year general revenue figure available here.

LBB published estimates · flow over the stated periods.

Source snapshot 2026-10-19, Central time.

How this was graded

Analysis of text version H by claude-opus-5-5, Oct 22, 2026, against the published rubric.

Sources

Texas Senate · Filed Feb 28, 2025

05/27/2025 E Effective on 9/1/25

Texas Legislature Online · Introduced · Senate Committee Report · Engrossed · House Committee Report · Enrolled

Data snapshot Oct 26, 2026 at 4:20 AM CDT. Grades, charges, quotes and corrections follow the published record.

Companion

HB 4021 by Dyson (identical)

Subjects

Civil Remedies & Liabilities

Disaster Preparedness & Relief

Oil & Gas

RAILROAD COMMISSION

Text

The text as introduced · 359 words

89R8041 AMF-D

By: Birdwell
S.B. No. 1759

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 the production, storage,

or transportation of oil or gas, including the uncontrolled release

of oil, gas, or water from an oil or gas well.

Sec. 91.952. EMERGENCY DECLARATION. (a) The commission by

proclamation may declare an oil or gas emergency if the commission

finds that an oil or gas emergency has occurred. A proclamation

issued under this section must include:

(1) a description of the nature of the oil or gas

emergency; and

(2) 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 by the

commission.

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 management of an oil or gas emergency:

(1) that is declared by the commission 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.

Verdict: No flags

The receipt

SOLD BY

ITEM

WHAT IT DOES

CHARGES

TOTAL

HISTORY

SIGNED FOR BY

Donors

Senate May 12, 2025

House May 6, 2025

Senate Apr 16, 2025

Senate Apr 16, 2025

Senate Apr 16, 2025

For

On

Companion