Texas 2023 - 88th Regular

Texas House Bill HB1318 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Darby H.B. No. 1318
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the regulation of brine mining wells.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 27.036, Water Code, is amended to read as
9	9	follows:
10	10	Sec. 27.036. JURISDICTION OVER BRINE MINING. (a) In this
11	11	section:
12	12	(1) "Brine mining" means the production of brine,
13	13	including naturally occurring brine and brine extracted by the
14	14	solution of a subsurface salt formation, for the purpose of
15	15	extracting elements, salts, or other useful substances besides oil
16	16	and gas from a subsurface formation; and
17	17	(2) "Class V brine injection well" means a well that
18	18	injects spent brine into the same formation from which it was
19	19	withdrawn after extraction of halogens or their salts.
20	20	(b) The railroad commission has jurisdiction over brine
21	21	mining and may issue permits for brine production wells and
22	22	injection wells used for brine mining.
23	23	[(b) A person may not begin to drill an injection well to be
24	24	used for brine mining unless that person has a valid permit for the
25	25	well issued by the railroad commission under this chapter.]
26	26	(c) The railroad commission shall adopt rules that are
27	27	necessary to administer and regulate brine mining.
28	28	(d) For purposes of regulation by the railroad commission,
29	29	an injection well for brine mining of brine extracted by the
30	30	solution of a subsurface salt formation is designated as a Class III
31	31	well under the underground injection control program administered
32	32	by the railroad commission.
33	33	(e) If rules or regulations adopted to govern Class V brine
34	34	mining injection wells under the federal Safe Drinking Water Act
35	35	(42 U.S.C. Section 300f et seq.) or another federal statute allow
36	36	this state to seek primary enforcement authority under the
37	37	underground injection control program, the railroad commission
38	38	shall seek primacy to administer and enforce the program in this
39	39	state for Class V brine mining injection wells [This section takes
40	40	effect September 1, 1985].
41	41	(f) For purposes of regulation by the railroad commission, a
42	42	Class V brine injection well is designated as a Class V well under
43	43	the underground injection control program administered by the
44	44	railroad commission [This section does not invalidate any permit
45	45	for an injection well used for brine mining that was issued by the
46	46	Texas Water Commission before the effective date of this section.
47	47	Within 90 days after the effective date of this section, the
48	48	Railroad Commission of Texas shall issue a substitute permit under
49	49	the name and authority of the railroad commission to each person who
50	50	on the effective date of this section holds a valid permit issued by
51	51	the Texas Water Commission for an injection well used for brine
52	52	mining].
53	53	(g) A person may not begin to drill an injection well to be
54	54	used for brine mining of brine extracted by the solution of a
55	55	subsurface salt formation unless that person has a valid permit for
56	56	the well issued by the railroad commission under this section
57	57	[Application for injection well permits covering brine mining
58	58	submitted to the Texas Water Commission before the effective date
59	59	of this section for which permits have not been issued by the
60	60	commission shall be transmitted to the railroad commission].
61	61	(h) On delegation to the railroad commission of primary
62	62	enforcement authority in this state over Class V brine injection
63	63	wells, a person may not begin to drill an injection well to inject
64	64	brine into the same formation from which it was withdrawn after
65	65	extraction of halogens or their salts unless that person has a valid
66	66	permit for the well issued by the railroad commission under this
67	67	section.
68	68	(i) This section does not invalidate any permit for an
69	69	injection well used for brine mining that was issued by the
70	70	commission before the delegation to the railroad commission of
71	71	primary enforcement authority in this state over Class V brine
72	72	injection wells. Within 90 days after the delegation of primary
73	73	enforcement authority over Class V brine injection wells, the
74	74	railroad commission shall issue a substitute permit under the name
75	75	and authority of the railroad commission to each person who on the
76	76	effective date of this section holds a valid permit issued by the
77	77	commission for a Class V brine injection well.
78	78	(j) Applications for Class V brine injection well permits
79	79	submitted to the commission before the delegation to the railroad
80	80	commission of primary enforcement authority in this state over
81	81	wells that inject spent brine into the same formation from which it
82	82	was withdrawn after extraction of halogens or their salts for which
83	83	permits have not been issued by the commission shall be transmitted
84	84	to the railroad commission.
85	85	SECTION 2. The text of Section 27.036, Water Code, added by
86	86	Acts 1985, 69th Legislature, Chapter 795, Section 5.013, is
87	87	repealed. This repeal shall have no effect upon the text of 27.036,
88	88	Water Code, added by Acts 1985, 69th Legislature, Chapter 921,
89	89	Section 2.
90	90	SECTION 3. This Act takes effect immediately if it receives
91	91	a vote of two-thirds of all the members elected to each house, as
92	92	provided by Section 39, Article III, Texas Constitution. If this
93	93	Act does not receive the vote necessary for immediate effect, this
94	94	Act takes effect September 1, 2023.