This is in response to the recent Op-Ed by Kevin Henning in The Boerne Star about the Texas Railroad Commission, and his comment, “example of RRC failures is the 11,000 orphan wells that haven’t been properly abandoned and are often leaking, causing contamination of ground water. Orphan wells are non-producing wells where the owner is bankrupt or cannot be found.”
In acknowledgement of that reality and in an effort to spur action by our Texas State Legislature 89th session, I wrote a resolution that was included in our 2024 Texas Silver-Haired Legislature Legislative Report, “Expand Accountability and Resources for Remediation of Unplugged Oil Wells Contaminating Water Supplies.”
The TSHL 2024 Legislative Report was delivered to all statewide elected officials and all members of the Texas State House and Senate in October 2024.
State Rep. Charles Geren (R-Fort Worth) authored a House bill in that regard, and I testified before the Texas House Committee on Natural Resources on its behalf and was joined by many representatives in the oil and gas industry in support of that bill.
The Texas Oil and Gas Association also endorsed the bill, and did so on behalf of those industry association members who want to see those who are skirting their responsibility to be sanctioned and required to remediate such conditions.
Although there was no new legislation passed, the Legislature awarded $100 million in additional appropriations to the TRC to increase its capacity to implement provisions in this bill. Those funds are being invested during this current biennium and beyond to achieve an improved level of control, remediation, and sanction of those responsible for such environmental indiscretions. All older Texans wish them good luck.
Additionally, in conjunction with Mr. Henning’s further protestations, “We continue to see minor earthquakes in the oil patch due to oilfield wastewater injection,” I wrote a resolution which was adopted by our TSHL 21st session, which convened on the floor of the Texas House last May, “Require the TRC Toughen its Enforcement of Produced Wastewater Violations.”
This resolution seeks remediation and sanctions relating to inadequate storage of produced wastewater from reservoirs, injection wells, contaminating water supplies and “be it resolved that the 21st session of the TSHL recommends that the 90th session of the Texas Legislature mandate that parties responsible for leakage or overflow of produced water initiate immediate, comprehensive remediation of soils and affected water sources at their own expense; that the TRC should impose enhanced performance bond requirement to cover the potential cost of such produced wastewater remediation, escalating financial penalties and suspension of operating permits for “delinquent parties” demonstrating a pattern of such negligence; and that the penalties recovered be appropriated to RRC to increase field inspections and real-time pressure monitoring for injection wells in high-risk zones.”
I am hopeful of a receptive House and Senate sponsor for such a bill in 90th Texas Legislature convening in January. Stay tuned.
Water is one of two major priorities at the forefront of the 90th Legislature charges for 2027, tied inextricably to no. 2, data centers. Those of us in Kendall County are instinctively aware of groundwater issues, despite having a bit too much flow through town recently.
Older Texans are the fastest growing segment of the state’s population. Senate Concurrent Resolution 37, passed in 1985 by the Texas Senate, recognized that. They also acknowledged the increased need for the understanding and participation of Texas’ older citizens in helping develop state policies through the legislative process. TSHL is a “model legislative session” which enables older Texans to initiate and debate policies that affect their peers. The Senate and House concurrently support the work of a biennial Texas Silver-Haired Legislature.
Texas authorized, and supports, the development of the TSHL by providing the house chamber, Capitol facilities and staff. S.C.R. No. 37 requires that TSHL publish a biennial Legislative Report of recommendations to the Texas Legislature as a resource for the law-making process.
Since authorization of the TSHL, more than 275 laws have been directly influenced by TSHL recommendations. Our focus is to help older Texans lead healthier, safer, happier, and more independent lives.
The 2026 TSHL Legislative Report will be available to the public at www. tshl.org in early fall.
Edward L. Rogers is the deputy speaker pro tempore for the Texas Silver- Haired Legislature
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