Texas House bill by Rep. Darby modifies inactive well plugging requirements

Passed bill authored by State Rep. Drew Darby seeks to update regulations for operators applying for extensions to plug inactive wells, aiming to ensure proper site management and accountability, according to the Texas Legislature website.

In the House, 61 Democrats and 87 Republicans voted in favor of the bill, with no opposition.

Meanwhile, in the Senate, 11 Democrats and 20 Republicans voted in favor, also with no opposing votes.

Drew Darby introduced the bill in the Texas House on Tuesday, Feb. 11, during the 89th regular legislative session.

Darby, a Republican, was elected to the Texas State House in 2007 to represent the state’s 72nd House district, replacing previous state representative Scott Edward Campbell.

According to the Texas Legislature, the bill’s official text was summarized as follows: ‘Relating to the affirmation required to be made by an operator as part of an application to the Railroad Commission of Texas for an extension of the deadline for plugging an inactive well; providing an administrative penalty’.

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill modifies the requirements for operators seeking an extension for plugging inactive wells with the Railroad Commission of Texas. It mandates a written affirmation by the operator to confirm termination of electric service to the well’s production site. If the operator does not own the surface land and the well is inactive for five to nine years, the operator must affirm purging all production fluids from site equipment. For wells inactive for at least 10 years, operators are required to remove all surface equipment and associated junk and trash. The bill allows the commission to impose a penalty of up to $10,000 for noncompliance with these requirements. The law applies to extension applications filed on or after the bill’s effective date, which is immediate upon a two-thirds vote or otherwise Sept. 1, 2025.

The bill was co-authored by Rep. Ken King (Republican – District 88) and Rep. Eddie Morales Jr. (Democrat – District 74).

The bill received its final legislative approval on Monday, May 19, and was signed into law by Gov. Greg Abbott on Thursday, May 29.

Bills in Texas go through a multi-step legislative process, including committee review, debates, and votes in both chambers before reaching a final decision. Each session, there are typically thousands of bills introduced, but only a portion successfully navigate the process to become law.

You can read more about the bills and other measures here.