TX HB49

Expands tort liability protections for persons who treat fluid oil and gas waste and put it to beneficial use or transfer it to others for beneficial use, shielding them from liability for consequences of subsequent use by any person

Creates new liability protections for producers and suppliers of fluid oil and gas waste sent to treatment facilities, exempting them from tort liability for consequences of treatment, subsequent use, or exposure to waste components and byproducts

Shields surface estate property owners from liability for personal injury, death, or property damage arising from exposure to fluid oil and gas waste produced, conveyed, transported, or treated by others on their property

Preserves liability for persons acting with gross negligence, intentional wrongdoing, or ordinary negligence combined with failure to comply with Railroad Commission rules, TPDES permits, or commission hauling/handling permits

Prohibits exemplary damages for claims based solely on negligence with regulatory nonconformity, and applies only to causes of action accruing on or after September 1, 2025