Commission Shift Action’s 89th Legislative Session Priority Bill ListBlog

Commission Shift Action is excited to share a comprehensive bill priority list for the 89th Legislative Session. We support a range of legislation that promotes a safer and cleaner environment for Texas and positively reforms the Railroad Commission.

As the legislative session sprints towards the closing gaval on June 2nd, we will continue to give important action updates and opportunities to contact legislators and committee members. You can find Commission Shift’s legislative toolkit here for more information on ways to get involved. All bills, with one exception, have been referred to the House of Representatives Committee on Energy Resources and the Senate Committee on Natural Resources. You can check the bill status by clicking on the bill number in our description below, or by going to tlo.texas.gov and typing in the bill number. Depending on where each bill is in the process, you can help to keep bills moving. 

Contact House Committee Clerk Santino Camacho at (512) 463-0774 and Senate Committee Clerk Jennifer Trevino at (512) 463-0390 to request a hearing for unheard bills, call committee members to support bills that are still pending in committee, and call the Calendars committee Chair or members to schedule bills for a floor vote. For bills that have moved to the Senate, you can make similar phone calls to the Senate Natural Resources Committee or to the lieutenant governor’s office.

Bills on inactive well requirements and clean water

SB 1150 filed by Senator Mayes Middleton and companion HB 2766 filed by Representative Charlie Geren

Current law allows operators to delay plugging their oil and gas wells almost indefinitely. The bill would limit inactive well plugging extensions for wells that are 25 years old and have been inactive for at least 15 years. However, the current bill language includes plugging extension exceptions for operators who have a history of reactivating wells, are facing financial hardship, file a compliance plan for plugging or reactivating their wells by 2040, or post a performance bond. It also establishes a requirement for inactive wells that began production 15 years prior to test the mechanical integrity of the well annually, and reporting requirements about inactive wells by the Railroad Commission.

This bill could be strengthened by shortening the plugging extension limit to ten or less years, closing all plugging loopholes, and limiting additional plugging extensions to a maximum of five years. We think the loophole that allows operators to get a plugging extension for “financial hardship” has the potential to be abused. However, even as it stands, the bill represents an improvement over the status quo and is incredibly important because it could establish the first-ever plugging extension deadline.

SB 1150 has been voted out of the Senate, and its companion HB 2766 has been heard by the House Energy Resources Committee. We urge the House Energy Resources Committee to vote out a stronger version of this bill.

HB 2256 filed by Representative Vikki Goodwin

The bill would strengthen financial security requirements for inactive well plugging by requiring operators to establish a sinking trust fund for plugging wells. The amount in the trust fund would need to equal the cost of decommissioning each well.

Commission Shift Action supports this bill because it would help keep local drinking water clean by strengthening the inactive well requirements and enforcing financial responsibility for well plugging efforts.

HB 4612 filed by Representative Ron Reynolds

This bill would require companies to notify landowners and groundwater conservation districts (GCDs) of scheduled maintenance test times and allow landowners, GCDs, or their representatives to witness the mechanical integrity tests of active and inactive wells, including H-5 pressure and H-15 static well fluid level tests. Mechanical integrity tests are important to ensure that wells do not contaminate groundwater by serving as conduits between oil reservoirs and aquifers. These tests are often unmonitored, making the results vulnerable to misreporting.

Commission Shift Action supports this bill because it would allow landowners to witness well testing on their property and create an additional method of verification to ensure companies report results accurately. This bill increases accountability to catch compromised wells that pollute our groundwater and need to be plugged or fixed.

Bills on strengthening waste pit requirements

HB 4572 filed by Representative Penny Morales Shaw and companion SB 3017 filed by Senator José Menéndez

This bill would strengthen siting and closure standards for drilling fluid pits and enhance groundwater monitoring and financial security for closure. It would also require landowner notice and consent for the burial of pit waste, as well as county notification of a pit’s contents and location. It also requires companies to provide more information about the waste, requires bonding for pit closure, and establishes requirements for groundwater protection.

Commission Shift Action supports this bill because it would protect air and water quality, landowners, livestock, and crops from harmful contaminants that result from waste pits. It would give more power to landowners to limit the long-term impacts of buried waste.

HB 5003 filed by Representative Ron Reynolds

This bill would create a more participatory permit process for waste pits. It would require applicants for commercial oil and gas waste disposal facilities to provide notice of the permit application to local residents, landowners, and groundwater conservation districts (GCDs) within 1 km of the property’s boundary. The bill would also provide automatic standing to nearby GCDs, counties, and communities to create a more open hearing process. It would require an employee of the Railroad Commission to support communities near facilities being permitted.

Commission Shift Action supports this bill because it would promote transparency and public participation in the permitting process for waste pits.

Bills on first responder readiness to CCS risks

HB 4835 filed by Representative Vikki Goodwin

This bill requires a prepared facility response plan as part of a permit application for a worst-case leak from a hazardous liquid or carbon dioxide facility or pipeline failure. It ensures that facilities assess local first responder preparedness for an emergency response and the facility covers the costs to equip and train emergency first responders so they are prepared to respond to a leak. The funding must only be used for training and equipment for responders.

Commission Shift Action supports this bill because it ensures that all first responders receive adequate training and equipment to mitigate risks for carbon dioxide exposure. Additionally, it holds facilities accountable for planning emergency responses and paying for the cost of training.

Bills on Railroad Commission reform

HB 2719 filed by Representative Rafael Anchía and the identical SB 2635 filed by Senator Nathan Johnson

The matching bills seek to change the name of the Railroad Commission of Texas to Texas Oil, Gas & Minerals Commission.

Commission Shift Action supports this bill because it promotes transparency regarding the role of the Railroad Commission and better informs voters about the agency’s jurisdiction.

HB 2751 filed by Representative Vikki Goodwin

This bill would prohibit the Railroad Commissioners from participating in decisions regarding any business entity in which the commissioner has a financial interest, receives income, or has done business with above a $5,000 threshold.

Commission Shift Action supports this bill because it promotes financial transparency within the Railroad Commission.

There are many other bills filed that address issues related to a more sustainable future for Texas, and we will continue to share more information and ways to take action during this legislative session. Thank you for your help building support for these bills.

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