Texas Natural Resources Code
§ 89.043 — PLUGGING BY COMMISSION
NR § 89.043Title 3. OIL AND GAS · Part B. CONSERVATION AND REGULATION OF OIL AND GAS · Ch. 89. ABANDONED WELLS · Art. C. POWERS AND DUTIES OF THE COMMISSION
Statute text
View on source(a)If the commission determines at a hearing under Section 89.041 of this code that a well has not been properly plugged or needs replugging, the commission, through its employees or through a person acting as agent for the commission, may plug or replug the well if:
(1)the well was properly plugged according to rules in effect at the time the well was abandoned or ceased to be operated; or
(2)neither the operator nor nonoperator properly plugged the well, and
(A)neither the operator nor nonoperator can be found; or
(B)neither the operator nor nonoperator has assets with which to properly plug the well.
(b)If a well is leaking salt water, oil, or gas or is likely to leak salt water, oil, or gas, and the leakage will cause or is likely to cause a serious threat of pollution or injury to the public health, the commission, through its employees or agents, may direct the operator to take remedial action or to plug the well or may plug or replug the well without holding a hearing under Section 89.041 of this code or giving notice under Subsection (c) of this section.
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Legislative history
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.147, eff. September 1, 2005. Acts 2025, 89th Leg., R.S., Ch. 754 (H.B. 3619), Sec. 1, eff. September 1, 2025.