TX HB2790

Prohibits landowners and mineral owners who have written agreements with carbon dioxide storage operators from bringing nuisance lawsuits claiming captured or stored CO2 is a pollutant or constitutes a nuisance

Limits recovery of noneconomic damages in civil actions arising from CO2 injection, subsurface migration, or inadvertent release unless claimants prove the defendant concealed material information from permitting authorities, violated applicable legal requirements, or deviated from standard industry practices solely for economic reasons

Restricts damages for claims that CO2 storage facilities interfere with access to underground minerals or water, barring recovery entirely for claimants who received compensation (lease payments, royalties, easements) in consideration of potential interference

Limits economic damages for mineral/water interference claims to increased production costs or the present value of resources that cannot reasonably be produced due to the storage facility

Requires a three-fifths supermajority vote in both legislative chambers for passage under the Texas Constitution, applies only to causes of action accruing on or after September 1, 2025, and allows parties to voluntarily waive these liability protections by agreement