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Tex. Civ. Prac. & Rem. Code § 127.002

FINDINGS; CERTAIN AGREEMENTS AGAINST PUBLIC POLICY

Applied in 12 court decisions — leading case Getty Oil Co. v. Insurance Co. of North America (1993)

Most recently applied in 677 F. Supp. 2d 1143 - EOG Resources, Inc. v. Badlands Power Fuels, LLC (December 2009)

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff

How often courts cite this section

19912000200940
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.