HB 2663

Overall Vote Recommendation
Yes
Principle Criteria
positive
Free Enterprise
positive
Property Rights
positive
Personal Responsibility
neutral
Limited Government
positive
Individual Liberty
Digest

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.

Author (3)
Drew Darby
Eddie Morales
Ken King
Sponsor (1)
Brian Birdwell
Co-Sponsor (1)
Cesar Blanco
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 2663 would have no significant fiscal implications for the state. The analysis assumes that the Railroad Commission of Texas could implement the bill's requirements, such as processing operator affirmations and enforcing the new administrative penalty structure, using existing resources. In other words, the bill would not require new funding or additional staffing to carry out its mandates.

From a local government perspective, the fiscal note also confirms that no significant impact is anticipated for municipalities, counties, or other local entities. Since enforcement authority and administration of well-plugging extension requests remain centralized within the Railroad Commission, local governments are not expected to bear any new financial or operational burdens.

Additionally, while the bill authorizes the imposition of administrative penalties up to $25,000 per violation, any revenue generated from such penalties is not projected to be substantial enough to influence state budget planning. Rather, it serves more as a regulatory compliance tool than a source of significant revenue. Overall, the bill is considered fiscally neutral while enhancing oversight of inactive oil and gas wells.

Vote Recommendation Notes

HB 2663 is a prudent, narrowly focused measure that addresses a pressing safety concern without expanding the size or scope of state government or increasing the burden on taxpayers. The bill was developed in response to findings from the Texas House Investigative Committee on the Panhandle Wildfires, which identified that long-abandoned or inactive oil and gas wells with still-energized electrical equipment contributed to wildfire risks. The legislation closes a regulatory loophole by requiring operators who apply for plugging deadline extensions to affirm that electric service to inactive wells has been terminated and, in some cases, that surface electrical equipment has been removed, except for infrastructure owned by public utilities.

Importantly, the bill does not establish new agencies or regulatory frameworks. It utilizes the existing authority of the Railroad Commission of Texas and adds an administrative penalty mechanism that must be enforced for noncompliance. According to the Legislative Budget Board, the bill creates no significant fiscal impact and can be administered within current agency resources, meaning there is no increased cost to the state or to local governments.

With regard to regulatory burden, the bill’s requirements are tightly targeted. They apply only to operators of long-inactive wells seeking deadline extensions, not to the broader industry or actively producing sites. These measures impose reasonable compliance conditions in exchange for the privilege of delaying the decommissioning of potentially hazardous infrastructure. This ensures a fair balance between operator flexibility and the protection of landowners, the environment, and public safety.

By improving accountability and addressing the specific risk of wildfire ignition from neglected equipment, HB 2663 reinforces principles of personal responsibility, private property protection, and limited but effective government oversight. As such, Texas Policy Research recommends that lawmakers vote YES on HB 2663.

  • Individual Liberty: The bill helps protect the safety, health, and property of landowners and nearby residents by addressing a clear public hazard: abandoned electrical infrastructure at inactive oil and gas well sites. By requiring the disconnection of electric service and removal of certain equipment, the bill reduces the risk of wildfires and environmental harm, thereby preserving the rights of individuals to live free from avoidable and preventable harm caused by the negligent actions of others.
  • Personal Responsibility: The bill strengthens the principle of personal responsibility by holding operators accountable for the conditions of their inactive wells. It ensures that operators cannot indefinitely postpone plugging obligations while leaving hazardous equipment behind. The required written affirmations and the imposition of a significant administrative penalty (up to $25,000 per violation) create strong incentives for operators to follow through on their decommissioning responsibilities.
  • Free Enterprise: While the bill does increase compliance requirements for a specific subset of operators (those seeking deadline extensions), it does so in a way that promotes fair competition and responsible business practices. Ensuring that all operators meet a minimum safety and cleanup standards levels the playing field and prevents irresponsible operators from gaining a competitive edge through neglect. The bill does not impose broad regulations on the industry or restrict lawful operations, preserving the free enterprise environment in Texas.
  • Private Property Rights: The bill directly protects surface owners' rights, especially in cases where operators do not own the surface estate. Long-abandoned, energized infrastructure can pose fire, safety, and aesthetic harms to private landowners. By mandating that operators remove such equipment if they don’t own the land, the bill defends the property rights of surface owners against prolonged and unwanted intrusion by energy infrastructure.
  • Limited Government: Although the bill mandates enforcement of penalties and adds new affirmation requirements, it does not expand the scope or size of government. The Railroad Commission already oversees well plugging and extensions, and this bill simply adds clarity and specificity to what must be affirmed in extension applications. The administrative penalties are implemented within existing authority and funding, and the bill does not create new programs or regulatory bodies. This is an example of targeted government action addressing a narrowly defined public safety issue, consistent with the principle of limited government.
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