HB 2663 seeks to enhance oversight and accountability related to the management of inactive oil and gas wells in Texas. The bill amends Section 89.029 of the Texas Natural Resources Code by adding new requirements to the application process for operators seeking to delay the plugging of inactive wells. These changes target wells that have been inactive for at least five years and aim to reduce environmental risks and abandoned infrastructure left on private or public lands.
Under the proposed legislation, an operator applying for an extension must affirm in writing that electric service to the well’s production site has been physically terminated. If the operator does not own the surface land, they must also affirm one of two additional actions depending on the duration of inactivity. For wells inactive for 5–10 years, operators must verify that all associated piping, tanks, and equipment have been emptied of production fluids. For wells inactive for 10 years or more, operators must confirm the removal of all surface production equipment and electric service components (excluding those owned by electric utilities), along with any debris or trash as defined by Railroad Commission rule.
To ensure compliance, the bill introduces an administrative penalty provision. Operators who falsely affirm or fail to carry out the required decommissioning measures may face penalties of up to $25,000 per violation. These provisions apply only to extension applications filed on or after the bill’s effective date, September 1, 2025 (unless it receives a two-thirds majority for immediate effect). This legislation strengthens the Railroad Commission’s ability to enforce well abandonment standards and helps mitigate the long-term environmental and financial liabilities posed by inactive oil and gas infrastructure.
The substitute version of HB 2663 introduces several notable changes from the originally filed version, reflecting legislative refinement in both enforcement scope and regulatory clarity. One of the most significant differences lies in the administrative penalty provision. While the original bill authorized the Railroad Commission of Texas to impose penalties up to $10,000 for violations related to false affirmations or failure to properly decommission inactive well sites, the substitute bill raises this ceiling to $25,000 per violation. This substantial increase signals a stronger deterrent and reinforces the importance of compliance with well-plugging extension requirements.
Another key modification in the substitute bill is the inclusion of an exception for equipment owned by electric utilities. The original version required operators to remove all electric service-related equipment from the well site after 10 years of inactivity. However, the substitute clarifies that this obligation does not apply to infrastructure owned by an electric utility, as defined in the Utilities Code. This change helps avoid unintended consequences for third-party utilities and brings the bill in line with existing property and service boundaries.
Additionally, the substitute version enhances the precision of statutory language. It more clearly defines the types of equipment and materials to be removed and references commission rules for terms such as "junk and trash." These adjustments ensure that operators and regulators have a consistent understanding of their responsibilities, thereby reducing ambiguity and the risk of inconsistent enforcement. Overall, the changes between the original and substitute bills reflect a more balanced approach, strengthening environmental safeguards and private property protections while improving legal clarity and fairness for industry stakeholders.