Texas Codes

Tex. Nat. Res. Code § 89.045 (2026)

Liability For Damages

✓ current as of May 2026

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Sec. 89.045. LIABILITY FOR DAMAGES. (a) The commission and its employees and agents, the operator, the nonoperator, and any private person who has paid money to the commisson to plug or replug a well under Section 89.084 are not liable for any damages that may occur as a result of acts done or omitted to be done by them or each of them in a good-faith effort to carry out this chapter.

(b) The owner of the surface estate of the tract of land on which a well is located is immune from civil liability for any damages that may occur as a result of acts done or omitted to be done in carrying out this chapter by the commission, an employee or agent of the commission, or any other person authorized under this chapter to enter the land.

Acts 1977, 65th Leg., p. 2554, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 5256, ch. 967, Sec. 5, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5407, ch. 1002, Sec. 2, eff. Aug. 29, 1983.

Amended by:

Acts 2025, 89th Leg., R.S., Ch. 232 (S.B. 1146), Sec. 1, eff. September 1, 2025.

Acts 2025, 89th Leg., R.S., Ch. 754 (H.B. 3619), Sec. 3, eff. September 1, 2025.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2016–2025 · leading case: R.R. Comm'n v. Gulf Energy Expl. Corp., 482 S.W.3d 559 (2016).

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R.R. Comm'n v. Gulf Energy Expl. Corp., 482 S.W.3d 559 (2016). · cites it 5× “” Tex. Nat. Res. Code § 89.045. The application of this defense is the parties’ principal íogus in this Court.”

Primexx Energy Opportunity Fund, LP & Primexx Energy Opportunity Fund II, LP v. Primexx Energy Corp., M. Christopher Doyle, Angelo Acconcia, Blackstone Inc., Blackstone Holdings III LP, Blackstone EMA II LLC, BMA VII LLC, Blackstone Energy Mgmt. Assocs. II LLC, Blackstone Energy Partners II LP, Blackstone Mgmt. Assocs. VII LLC, Blackstone Capital Partners VII LP, BCP VII/BEP II Holdings Manager LLC, BX Primexx Topco LLC, & BPP Holdco LLC (Tex. App. 2025). · cites it 4× “Tex. Nat. Res. Code § 89.045. The application of this defense is the parties' principal focus in this Court.”

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