SB1759

What qualifies: an emergency related to an oil-and-gas operation, including an uncontrolled release of oil, gas or produced water from an oil or gas well or another well regulated by the commission. The imported definition covers activities such as exploration, drilling, hydraulic fracturing, production, processing, transportation, disposal, plugging and remediation. The executive director must find that an emergency has occurred; the declaration must be written, authorized by the director, describe the emergency and identify the threatened area. Final law, Sections 91.951–91.952; Oil-and-gas-operation definition.

Duration and oversight: the initial declaration lasts no more than 30 days unless renewed. If the commission finds the emergency likely to continue beyond day 30, it may renew for additional 30-day periods as necessary for public health and safety, until the emergency no longer exists. The commission may terminate the declaration or let it expire when it determines the emergency has ended. The final law does not give the executive director a separate unilateral renewal power. Final law, Section 91.952.

Who receives civil-liability protection: a person providing assistance, advice or resources—including assets, employees or contractors—in response to an emergency declared under this law, at the request of an authorized representative of a state, local or federal agency. Protection covers acts and omissions in giving that help, except gross negligence, recklessness or intentional misconduct. It adds to other legal immunities; it is not a general release for causing the original incident, a promise of payment or a criminal-law exemption. The new subchapter does not apply to claims that accrued before September 1, 2025. Final law, Section 91.953 and section 2.

Changes and amendment: the Senate substitute tied the emergency definition to oil-and-gas operations, expressly included produced water and other regulated wells, moved the initial declaration to the executive director, and added written-document and renewal procedures. The House committee changed a requirement that the director sign the document to one that the director authorize it. Dyson’s sole indexed House amendment, adopted May 5, replaced “proclamation” with “declaration,” removed the director’s proposed extra 30-day renewal, and changed subsequent commission renewals from 60-day to 30-day periods beginning after the initial 30 days. Those changes survived Senate concurrence May 12 and enrollment. Introduced; Senate substitute; Senate-passed; House committee; Dyson amendment; Version index; Amendment index; Final law.

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

Public agencies may find it easier to obtain expertise and equipment for declared emergencies because qualifying responders face less civil-liability exposure. People harmed by a responder’s ordinary negligence may have fewer civil remedies, while the express serious-misconduct exceptions remain. The act does not guarantee a response, compensation for damage or reimbursement of responders’ costs. Final law.

The introduced, Senate committee, House committee and May 6 post-House fiscal notes anticipate no significant state or local-government fiscal impact and assume costs can be absorbed with existing resources. They do not estimate the value of private claims affected by immunity or promise that every emergency response is cost-free. The act makes no appropriation. Introduced fiscal note; Senate fiscal note; House committee fiscal note; Post-House fiscal note; Enrolled-linked fiscal note.