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Signed Into Law
Signed June 20, 2025Effective 2025-06-20
HB3619

Regular Session

Relating to the rights and liabilities of the owner of the surface estate of the tract of land on which a well to be plugged or replugged by the Railroad Commission of Texas is located.

Government Affairs & Regulatory Compliance Analysis

HB3619: Government Affairs Overview

HB3619 fundamentally alters the "exit strategy" for state-funded well plugging, mandating that the Railroad Commission of Texas (RRC) restore surface land to its pre-operation topography and granting surface owners statutory immunity from liability during these operations. While this law directly regulates RRC-managed plugging, it establishes a new "Gold Standard" for surface restoration that landowners will leverage in private Surface Use Agreement (SUA) negotiations.

Rep. Jay Dean·House Bill·Regular Session

Moderate
Low Cost
Effective:2025-06-20
Business Impact

Who HB3619 Affects

This legislation has regulatory implications for the following Texas businesses and organizations:

Regulatory Priority: moderate

Notable regulatory updates (effective 2025-06-20). Consider how these changes may affect your operations.

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Water

Affected business types:

  • Water utilities
  • Wastewater treatment facilities
  • Municipal water districts
  • Agricultural water users
View all water legislation

Key Operational Considerations

  • 1Field Personnel: Crews must be trained on the new statutory prohibition against blocking surface owner access. Gates and roads must remain passable unless an immediate health threat exists.
  • 2Specialized Subcontractors: RRC prime contractors may need to retain environmental specialists for reseeding and erosion control to meet the "natural revegetation" requirement.

Estimated Cost Impact

lowMinimal cost impact anticipated.

Enforcing Agencies

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HB3619
Relating to the rights and liabilities of the owner of the surface estate of the tract of land on which a well to be plugged or replugged by the Railr...
Moderate Urgency
Unanimous Passage
House Vote144 - 0
YEA
100% in favor144 voting
Senate Vote31 - 0
YEA
100% in favor31 voting
Cost Impact
Low
Effective
2025-06-20
Enforcing Agencies
RRC
Primary Author: Rep. Jay Dean
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: June 20, 2025 (Immediate effect due to supermajority passage).
  • Compliance Deadline: June 20, 2025. Any well plugging operation concluding on or after this date triggers the restoration mandate.
  • Agency Rulemaking: The RRC must adopt rules to define technical standards for "contouring" and "natural revegetation." Expect a Regulatory Gray Zone between June 2025 and early 2026 where the statutory mandate exists without specific technical guidance.

Immediate Action Plan

  • 1. Landowners: Immediately inventory any orphaned wells on your property. If RRC plugging is imminent, decide now if you want the pad removed or retained.
  • 2. Operators: Audit current SUA templates to explicitly limit restoration obligations, preempting landowners from importing HB3619 standards into private contracts.
  • 3. Contractors: Update bid calculators for RRC packages to account for mandatory contouring and seeding; review insurance policies regarding the new access requirements.
  • 4. General Counsel: Monitor the Texas Register for RRC proposed rules regarding "revegetation standards" and submit comments to prevent cost-prohibitive requirements.

Operational Changes Required

Contracts

  • Surface Use Agreements (Private Operators): Legal teams must update standard SUA templates immediately. Landowners will likely demand HB3619's "natural revegetation" standard for *private* wells. Insert specific language defining "commercial reasonableness" to prevent this statutory standard from becoming the default contractual expectation.
  • RRC Vendor Bids: Service companies bidding on state plugging packages must revise cost models to include heavy equipment time for fine grading and costs for seed/revegetation. "Rough grading" is no longer contractually sufficient.

Hiring/Training

  • Field Personnel: Crews must be trained on the new statutory prohibition against blocking surface owner access. Gates and roads must remain passable unless an immediate health threat exists.
  • Specialized Subcontractors: RRC prime contractors may need to retain environmental specialists for reseeding and erosion control to meet the "natural revegetation" requirement.

Reporting & Record-Keeping

  • Restoration Waiver: Surface owners wishing to retain a well pad (e.g., for use as a feed lot or barn foundation) must execute a formal Notice of Decline. Do not rely on verbal agreements with RRC field agents.
  • Pre-Work Documentation: Surface owners must capture drone footage or dated photography of the site *before* RRC rigs arrive to establish the baseline for "pre-existing topography."

Fees & Costs

  • State Fund Impact: The Legislative Budget Board estimates RRC plugging costs will rise by $5,000–$10,000 per well.
  • Industry Impact: While there are no direct fee increases in this bill, the accelerated depletion of the Oil and Gas Regulation and Cleanup Fund will likely trigger fee increases or surcharges on active operators in the 2026–2027 legislative cycle.

Strategic Ambiguities & Considerations

  • "Natural Revegetation": The statute does not define this term. It is unclear if the RRC will require expensive native seed blends or if standard pasture grass will suffice. This will be the primary point of contention during rulemaking.
  • Scope of "Lease Roads": The Fiscal Note suggests restoration may extend to miles of lease roads leading to the well. The RRC's interpretation of where the "well site" ends and the "road" begins will significantly impact project scope.

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JD Key Consulting specializes in Texas regulatory compliance strategy. Work directly with James Dickey—former Chairman of the Republican Party of Texas—to understand this bill's impact on your operations and develop an actionable compliance plan.

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

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Legislative Timeline

This bill's path through the Texas Legislature

Filed
Mar 3, 2025
Passed House
May 12, 2025
Passed Senate
May 28, 2025
Signed
Jun 20, 2025
Effective
Jun 20, 2025
TopicsCivil Remedies & LiabilitiesEnvironmentEnvironment--waterOil & GasRailroad Commission
03

House Authors

Rep. Jay DeanRepublican · Primary Author

Senate Sponsor

Sen. Judith ZaffiriniDemocrat · Primary Sponsor

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

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More from Rep. Jay Dean

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Related by Topic

View more Civil Remedies & Liabilities legislation
Quick Reference

Frequently Asked Questions

Common questions about HB3619

Q

What does Texas HB3619 do?

HB3619 fundamentally alters the "exit strategy" for state-funded well plugging, mandating that the Railroad Commission of Texas (RRC) restore surface land to its pre-operation topography and granting surface owners statutory immunity from liability during these operations. While this law directly regulates RRC-managed plugging, it establishes a new "Gold Standard" for surface restoration that landowners will leverage in private Surface Use Agreement (SUA) negotiations.

Q

Who authored HB3619?

HB3619 was authored by Texas Representative Jay Dean during the Regular Session.

Q

When was HB3619 signed into law?

HB3619 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce HB3619?

HB3619 is enforced by Railroad Commission of Texas (RRC).

Q

How significant are the changes in HB3619?

The regulatory priority for HB3619 is rated as "moderate". Businesses and organizations should review the legislation to understand potential impacts.

Q

What is the cost impact of HB3619?

The cost impact of HB3619 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does HB3619 address?

HB3619 addresses topics including civil remedies & liabilities, environment, environment--water, oil & gas and railroad commission.

Q

What are the key dates for HB3619?

Key dates for HB3619: Effective date is 2025-06-20. Consult with legal counsel regarding applicability.

Need Strategic Guidance on This Legislation?

JD Key Consulting is an Austin, Texas-based government affairs firm led by James Dickey, former Chairman of the Republican Party of Texas. We specialize in Texas regulatory compliance and legislative strategy for data centers, energy, banking, and manufacturing.

Legislative data provided by LegiScanLast updated: January 11, 2026