Tex. Nat. Res. Code § 123.003

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 123.003 - Responsibility In Tort

Unless otherwise provided by a contract or other written agreement, a person who generates drill cuttings and transfers the drill cuttings in an arm's length transaction to an unaffiliated third-party permit holder under a contract that requires that the drill cuttings be used in connection with road building or another beneficial use or disposed of is not liable in tort for a consequence of the subsequent use or disposal of the drill cuttings by the permit holder or by another person if:

(1) the person who generates the drill cuttings has the legal and contractual right to transfer the drill cuttings to the permit holder;

(2) the method and location of the use or disposal are not prohibited by law, contract, or other written agreement; and

(3) the consequence was caused solely by the permit holder.

Tex. Nat. Res. Code § 123.003

Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 145,Sec. 2, eff. 5/23/2023.

Added by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 351,Sec. 3, eff. 9/1/2015.