HB 3911 seeks to address the growing problem of orphaned oil and gas wells in Texas, wells that have been abandoned by their operators and present environmental, safety, and financial risks. To this end, the bill amends Section 89.045 and adds Section 89.049 to the Natural Resources Code to allow private individuals with a property interest in the land, such as oil and gas lessees, mineral estate owners, or surface estate owners, to voluntarily plug or replug orphaned wells, provided they are classified as “operators in good standing.”
Under the new provisions, these individuals may contract with a well plugger approved by the Railroad Commission of Texas (RRC) to conduct plugging operations. The bill specifies that such voluntary efforts do not confer legal liability for the well’s prior or ongoing operation. The bill also prohibits the use of evidence showing voluntary payment or plugging activity as proof of legal obligation in a lawsuit, further encouraging voluntary remediation. However, individuals who originally operated and abandoned a well are excluded from using this statute to avoid responsibility.
The RRC retains oversight authority, including the right to supervise and approve plugging operations, and is instructed to adopt necessary rules to implement this section. The intent of the legislation is to foster cooperative, voluntary action to remediate environmental hazards while protecting private actors from being penalized for their efforts. This measure reduces the financial burden on the state and expedites the plugging of hazardous wells through private sector participation.
The substitute version of HB 3911 differs from the originally filed version in several key areas, mainly through broadened eligibility, clarified liability protections, and increased regulatory oversight. These changes reflect a more expansive and regulated framework designed to balance voluntary private remediation efforts with public oversight and legal safeguards.
One of the most significant changes is the expansion of who may initiate well plugging. The originally filed bill limited participation to “an operator in good standing who owns an interest in a current oil and gas lease or the mineral estate.” In contrast, the substitute version also allows the surface estate owner of the land on which an orphaned well is located to initiate plugging or replugging efforts, provided they are not the party who originally abandoned the well. This broadens the pool of potential actors who can address orphaned wells, likely increasing the number of wells that could be remediated voluntarily.
The substitute also removes a requirement in the original version that the well plugger must “assume responsibility for the physical operation and control of the well” through a formal filing with the Railroad Commission. This language was replaced in the substitute to clarify that neither the operator in good standing nor the surface owner assumes control or liability for the well when contracting for plugging services. This change eliminates a legal burden that might have discouraged voluntary participation under the original bill.
Additionally, the substitute includes new language authorizing the Railroad Commission to supervise plugging operations and requiring its formal approval before such an operation is considered complete. This oversight provision is absent from the original bill and adds a layer of accountability to ensure proper execution of well plugging in compliance with state regulations. The commission is also tasked with adopting rules for the new section, an explicit rulemaking mandate that was implied but not stated in the original version.
Overall, the substitute version improves clarity, expands access, and ensures regulatory integrity while preserving the original bill’s purpose of encouraging voluntary, private remediation of orphaned wells without creating new liabilities for well-intentioned actors.
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Rep. Drew Darby
