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Produced‑water bill draws split testimony over liability shield and public health safeguards
Summary
Senators heard House Bill 49, which would expand indemnifications related to treated produced water reuse and narrow exceptions for liability; supporters say the measure encourages reuse and reduces injection, opponents warn it removes accountability and could harm public health if treatment standards and oversight are insufficient.
The Senate Committee on Natural Resources heard testimony on House Bill 49, a bill to expand liability protections tied to the treatment and beneficial reuse of produced water from oil and gas operations.
Senator Perry, the sponsor, said the measure would update 2013 indemnifications to reflect technological advances and broaden protections to owners of treatment facilities and producers who transfer produced water to a treatment facility. "Produced water recycling has expanded to new forms of beneficial use beyond the reuse for fracking purposes," Perry said, citing water reuse for irrigation and lithium extraction as examples.
Supporters, including industry representatives, said the bill is needed to encourage research and scaling of treatment technologies. Greg Matthews of Chevron provided volume context, noting the large daily volume of produced water and saying treated reuse could be a significant new water source for Texas agriculture.
Opponents raised public health and accountability concerns. Julie Range of Commission Shift Action said produced water "should be considered inherently hazardous due to the harmful constituents it may contain," and argued the bill removes needed liability and exempts operators from exemplary damages that deter reckless conduct. The Greater Edwards Aquifer Alliance warned that only a fraction of potential chemicals in produced water currently have approved testing methods or toxicity standards, and cited New Mexico’s decision limiting treated produced water discharges.
Cyrus Reed of the Sierra Club said the bill removes liability for the original generator once a transfer occurs and urged additional safeguards; he said the chapter and permit cross references needed clarifying and recommended removing punitive damage protections.
Senator Perry said the measure seeks to protect landowners by excluding surface owners from new indemnifications for certain torts and to preserve remedies when spills affect a landowner’s property. The committee heard both organized industry support and environmental and landowner opposition and left the bill pending for further consideration.
