Natural Resources Code § 123.003

Sec. 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. Added by Acts 2015, 84th Leg., R.S., Ch. 351 (H.B. 1331), Sec. 3, eff. September 1, 2015. Amended by: Acts 2023, 88th Leg., R.S., Ch. 145 (S.B. 502), Sec. 2, eff. May 23, 2023.