TX SB1399

Defines "treated product" as any product resulting from treating, filtering, refining, extracting, or otherwise altering fluid oil and gas waste to make it suitable for beneficial use

Establishes that ownership of fluid oil and gas waste transfers to the person who takes possession of it for the purpose of generating treated product, until that waste or treated product is transferred to another party

Provides tort liability protection for persons who generate treated products from fluid oil and gas waste and put them to beneficial use, as well as for waste producers and suppliers who send waste to treatment facilities

Limits exceptions to liability protection to cases involving gross negligence, intentional wrongful acts, or negligence where the person failed to comply with Railroad Commission rules or Texas Pollutant Discharge Elimination System permits

Prohibits exemplary damages for claims based solely on negligence and regulatory non-compliance, and directs the Railroad Commission to adopt rules governing treatment and beneficial use of fluid oil and gas waste, treated products, and byproducts

Takes effect September 1, 2025, and applies only to causes of action accruing on or after that date