Bill > HB2790

This bill establishes a comprehensive legal framework in Texas for limiting liability related to carbon dioxide (CO2) capture and storage, focusing on protecting companies involved in carbon sequestration efforts. The bill defines key terms like "captured carbon dioxide" and "geologic storage," and provides significant legal protections for companies engaged in CO2 capture and storage activities. Specifically, the bill prevents landowners or other parties from bringing nuisance claims against defendants for CO2-related activities, limits the ability to recover non-economic damages in civil actions involving CO2 transportation or storage, and sets strict conditions under which plaintiffs can seek damages. The bill allows recovery of damages only in cases where a defendant concealed critical information, violated legal requirements, or deviated from standard industry practices. For mineral and water rights owners, the bill restricts non-economic damage claims and limits economic damages if a CO2 storage facility interferes with their underground resources, particularly if the owner has already received compensation through lease or royalty payments. The legislation is designed to encourage carbon capture and storage initiatives by providing legal certainty and reducing potential litigation risks for companies investing in these environmental technologies. The bill will take effect on September 1, 2025, and applies only to causes of action that accrue on or after that date.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB2790