Sec. 89.049. PLUGGING OR REPLUGGING OF ORPHANED WELL BY OIL AND GAS LESSEE OR MINERAL ESTATE OWNER. (a) In this section, "operator in good standing" and "orphaned well" have the meanings assigned by Section 89.047 . (b) An operator in good standing who is the owner of an interest in a current oil and gas lease or the mineral estate of a tract of land on which an orphaned well is located or the owner of the surface estate of a tract of land on which an orphaned well is located may contract with a commission-approved well plugger to plug or replug the well. (c) A well plugger who enters into a contract under Subsection (b) shall: (1) not later than the 30th day before the date the well is to be plugged or replugged, mail notice of the plugger's intent to plug or replug the well to the operator of the well or the surface owner, as applicable, at the operator's or surface owner's address as shown by the records of the commission; and (2) plug or replug the well in accordance with commission rules. (d) An operator in good standing or a surface owner who enters into a contract under Subsection (b) does not assume responsibility for the physical operation and control of the orphaned well and is not liable for any plugging or replugging responsibility or damages that may occur as a result of acts done or omitted to be done relating to plugging or replugging the well under this section. (e) Paying money to or contracting with a well plugger to plug or replug an orphaned well under this section is not an admission that the person paying the money or contracting for the plugging or replugging of the well is obligated to plug or replug the well. Evidence that a person has paid money to or contracted with a well plugger to plug or replug a well under this section is not admissible against the person in a suit in which the person's obligation to plug or replug the well is an issue, and introducing the evidence is a compulsory ground for mistrial. (f) The commission may require a plugging or replugging operation conducted under this section to be supervised by a commission employee. A plugging or replugging operation conducted under this section is not considered complete until approved by the commission. (g) This section does not apply to the owner of the surface estate of a tract of land on which an orphaned well is located if the surface owner was the operator who abandoned the well. (h) The commission shall adopt any rules reasonably necessary to implement this section, including rules prescribing procedures for the approval by the commission of a well plugging or replugging operation conducted under this section. For text of section as added by Acts 2025, 89th Leg., R.S., Ch. 232 (S.B. 1146 ), Sec. 2, see other Sec. 89.049.
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