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Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Civil Practice and Remedies Code § 127.002: FINDINGS; CERTAIN AGREEMENTS AGAINST PUBLIC POLICY.

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Where this section sits in the code
  1. CIVIL PRACTICE AND REMEDIES CODE
  2. TITLE 6. MISCELLANEOUS PROVISIONS
  3. CHAPTER 127. INDEMNITY PROVISIONS IN CERTAIN MINERAL AGREEMENTS

(a) The legislature finds that an inequity is fostered on certain contractors by the indemnity provisions in certain agreements pertaining to wells for oil, gas, or water or to mines for other minerals.

(b) Certain agreements that provide for indemnification of a negligent indemnitee are against the public policy of this state.

(c) The legislature finds that joint operating agreement provisions for the sharing of costs or losses arising from joint activities, including costs or losses attributable to the negligent acts or omissions of any party conducting the joint activity:

(1) are commonly understood, accepted, and desired by the parties to joint operating agreements;

(2) encourage mineral development;

(3) are not against the public policy of this state; and

(4) are enforceable unless those costs or losses are expressly excluded by written agreement.

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1991, 72nd Leg., ch. 36, Sec. 2, eff. April 19, 1991.

Collected 2026-08-27T01:47:00Z. Source file · JSON

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