2025 Texas sessionsRegular and both called sessions have ended. This index covers House and Senate bills, not resolutions. Statuses come from official reports.

← Back to bills

2025 · Regular session · House bill

HB3159

HB3159 offers a capped state oil-and-gas production-tax exemption for qualifying previously inactive wells brought back into production through restimulation.

Read bill highlights ↓

Official caption: Relating to a severance tax exemption for oil and gas produced from certain previously inactive restimulation wells; providing a civil penalty.

Signed by governorSource-checked explanation published

Official report lists House author(s): Darby. This does not identify sponsors or amendment drafters.

Report an error ↗

Bill explanation published · Version and amendment review scope is stated below · Individual amendment records may not be separately annotated.

Bill highlights

Selected points from the published explanation. Follow each point to its source-linked context; conditions and limits may matter.

Read the full explanation ↓

What does it do?

HB3159 offers a capped state oil-and-gas production-tax exemption for qualifying previously inactive wells brought back into production through restimulation. Restimulation means applying pressurized fluid to initiate or extend fractures in the target formation to improve production. The exemption is not for every refractured well. Final law.

A well must have at least 60 months of reported production before treatment and must be inactive immediately before treatment. The referenced definition of inactive means an unplugged well with no reported production, disposal, injection or other permitted activity for more than 12 months. Enhanced oil-recovery projects and drilled-but-uncompleted wells without a production record are excluded. Inactive-well and enhanced-recovery definitions.

Relief ends at the earlier of two limits: the last day of the 36th consecutive month after the month of first post-treatment production, or when combined exempt taxes and the act’s tax credits reach the lesser of qualifying treatment costs or $750,000. Months continue to count even when the well produces nothing. The time limit is tied to first production after treatment—not simply the treatment date or 36 producing months. This is tax relief, not an automatic $750,000 cash grant.

The operator must obtain Railroad Commission certification, and the taxpayer must separately apply to the comptroller with that certificate and a report of current, contemporaneous treatment costs. The commission can revoke an improper certification, ending eligibility for later production unless a new certificate is issued. Gas cannot simultaneously receive this exemption and the high-cost-gas reduction under Tax Code 201.057.

Taxes paid on qualifying production on or after certification but before comptroller approval can qualify for a credit, subject to the applicable refund-claim deadline. The credit counts toward the same cap. The act does not promise a credit for every earlier month of production. Refund-claim rule.

Knowingly applying for relief for a nonqualifying well can bring a civil penalty of up to $10,000 plus the tax difference specified in the act; the attorney general may sue in Travis County. Knowingly submitting materially false information also invokes existing Natural Resources Code penalties. The new civil amount is therefore not a blanket ceiling on every possible consequence.

The governor signed June 20, 2025. The act took effect January 1, 2026, and applies only to hydrocarbons produced on or after that date. Earlier tax liabilities and their enforcement remain governed by former law. Official history.

What changed along the way?

The filed bill would have covered eligible restimulation wells without the final inactivity condition. The House committee substitute added that the well must have become inactive after production and be inactive immediately before treatment. That narrowing survived unchanged through House passage, the Senate report and enrollment. The amendment index lists no floor amendments. All versions.

For the full amendment record, open the official amendment index.

Official bill versions

Compare the published text versions in the official text index. A change is not attributed to a specific amendment here without a verified record.

Who could benefit—and who could bear the costs?

Qualifying operators and taxpayers may find it more economical to restart older inactive wells. Restimulation contractors may gain work. The state forgoes production taxes within the cap, and agencies must certify and administer claims. The act does not waive environmental, safety or plugging obligations, guarantee successful production, or establish that restarting every eligible well is economically or environmentally beneficial.

The May 22 fiscal note anticipates no significant state fiscal impact and no local-government fiscal impact, reasoning that the qualifying non-marginal inactive wells and production volumes would be inconsequential. That is a forecast, not a guarantee of zero lost revenue. The broader filed proposal had an estimated $66.383 million negative general-revenue-related impact for 2026–27; that estimate does not describe the narrowed final law. The final act’s precise first-production clock controls over the fiscal note’s shorthand description of the time limit.

Official sources

Catalog report retrieved 2026-10-25. Check the official record for corrections or later changes.