Bill would require Railroad Commission to restore surface and indemnify landowners after plugging operations

The committee considered House Bill 36,19, a bill that would clarify rights and liabilities of surface estate owners when the Railroad Commission of Texas plugs or re‑plugs wells.

Senator Zaffirini, sponsor of the bill as presented, said the commission often enters tracts to plug wells and that landowners can be left with broken fences, property damage and potential lawsuits—sometimes without prior notice. The bill would require the Railroad Commission to restore the surface of the tract to its prior condition, prevent an authorized entrant from blocking the landowner’s access, and indemnify the landowner from civil liability for actions or omissions by the commission or its contractors.

The committee substitute requested by the Railroad Commission allows surface land owners to decline restoration efforts, defines "restore," and clarifies that surface landowners are immune from civil liability in the context described. Resource witnesses from the Railroad Commission participated; public testimony included an attorney who described an example in which an operator interpreted current law as authorizing entry on tracts far from the well site and urged tightening of Texas Natural Resources Code §89.044 to limit entry to the tract where the well is located.

Senator Zaffirini said the substitute reflected the commission’s concerns and would provide clearer protections for landowners; the committee left the bill pending for further consideration.