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. (1) the person who generates the drill cuttings has the legal and contractual right to transfer the drill cuttings to the permit holder;
2. (2) the method and location of the use or disposal are not prohibited by law, contract, or other written agreement; and
3. (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.

Acts 2023, 88th Leg., R.S., Ch. 145 (S.B. 502), Sec. 2, eff. May 23, 2023.