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.