RESPONSIBILITY IN TORT

(a) Except as provided by Subsections (b) and (b-1), a person, including an owner of the surface estate of real property, who takes possession of fluid oil and gas waste for treatment, produces from that waste treated waste, and either puts the treated waste to a beneficial use or transfers the treated waste to another person with the contractual understanding that the treated waste will be put to a beneficial use is not liable in tort for a consequence of the subsequent use of that treated waste by any person. (a-1) Except as provided by Subsections (b) and (b-1), a person, including an owner of the surface estate of real property, who produces fluid oil and gas waste or who supplies or conveys fluid oil and gas waste to a treatment facility for the purpose of generating treated waste is not liable in tort for: (1) a consequence of the subsequent treatment of that fluid oil and gas waste to generate treated waste; (2) the subsequent use of that treated waste by any person; or (3) exposure to any component of the waste or any byproduct of the process used to generate treated waste. (a-2) An owner of the surface estate of real property on or under which fluid oil and gas waste is produced, conveyed, transported, or treated by others is not liable in an action for damages for personal injury, death, or property damage arising from exposure to fluid oil and gas waste, treated waste, or a byproduct of a process used to generate treated waste. (b) This section does not affect the liability of a person in an action brought by a claimant for damages for personal injury, death, or property damage arising from exposure to fluid oil and gas waste, treated waste, or a byproduct of a process used to generate treated waste if that exposure occurred as a result of the person's: (1) gross negligence or intentional, wrongful act or omission; or (2) negligence and the person did not treat, generate, use, or dispose of the fluid oil and gas waste, treated waste, or byproduct in conformity with: (A) rules adopted under Section 122.004; (B) a Texas Pollutant Discharge Elimination System program permit issued by the Texas Commission on Environmental Quality under Section 26.027 or 26.131, Water Code; or (C) a permit issued by the commission for the hauling or handling of fluid oil and gas waste, treated waste, or byproduct. (b-1) This section does not affect the liability under common, statutory, regulatory, or other law of a producer or subsequent transferee of fluid oil and gas waste to the owner of the surface estate of real property, and any owner of an interest in the surface estate of real property, on or under which fluid oil and gas waste is produced, transported, or treated. (c) A claimant awarded damages for a tort premised solely on the person's negligence and regulatory nonconformity under Subsection (b)(2) may not be awarded exemplary damages.