By: Darby H.B. No. 1318
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of brine mining wells.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 27.036, Water Code, is amended to read as
follows:
Sec. 27.036. JURISDICTION OVER BRINE MINING. (a) In this
section:
(1) "Brine mining" means the production of brine,
including naturally occurring brine and brine extracted by the
solution of a subsurface salt formation, for the purpose of
extracting elements, salts, or other useful substances besides oil
and gas from a subsurface formation; and
(2) "Class V brine injection well" means a well that
injects spent brine into the same formation from which it was
withdrawn after extraction of halogens or their salts.
(b) The railroad commission has jurisdiction over brine
mining and may issue permits for brine production wells and
injection wells used for brine mining.
[(b) A person may not begin to drill an injection well to be
used for brine mining unless that person has a valid permit for the
well issued by the railroad commission under this chapter.]
(c) The railroad commission shall adopt rules that are
necessary to administer and regulate brine mining.
(d) For purposes of regulation by the railroad commission,
an injection well for brine mining of brine extracted by the
solution of a subsurface salt formation is designated as a Class III
well under the underground injection control program administered
by the railroad commission.
(e) If rules or regulations adopted to govern Class V brine
mining injection wells under the federal Safe Drinking Water Act
(42 U.S.C. Section 300f et seq.) or another federal statute allow
this state to seek primary enforcement authority under the
underground injection control program, the railroad commission
shall seek primacy to administer and enforce the program in this
state for Class V brine mining injection wells [This section takes
effect September 1, 1985].
(f) For purposes of regulation by the railroad commission, a
Class V brine injection well is designated as a Class V well under
the underground injection control program administered by the
railroad commission [This section does not invalidate any permit
for an injection well used for brine mining that was issued by the
Texas Water Commission before the effective date of this section.
Within 90 days after the effective date of this section, the
Railroad Commission of Texas shall issue a substitute permit under
the name and authority of the railroad commission to each person who
on the effective date of this section holds a valid permit issued by
the Texas Water Commission for an injection well used for brine
mining].
(g) A person may not begin to drill an injection well to be
used for brine mining of brine extracted by the solution of a
subsurface salt formation unless that person has a valid permit for
the well issued by the railroad commission under this section
[Application for injection well permits covering brine mining
submitted to the Texas Water Commission before the effective date
of this section for which permits have not been issued by the
commission shall be transmitted to the railroad commission].
(h) On delegation to the railroad commission of primary
enforcement authority in this state over Class V brine injection
wells, a person may not begin to drill an injection well to inject
brine into the same formation from which it was withdrawn after
extraction of halogens or their salts unless that person has a valid
permit for the well issued by the railroad commission under this
section.
(i) This section does not invalidate any permit for an
injection well used for brine mining that was issued by the
commission before the delegation to the railroad commission of
primary enforcement authority in this state over Class V brine
injection wells. Within 90 days after the delegation of primary
enforcement authority over Class V brine injection wells, the
railroad commission shall issue a substitute permit under the name
and authority of the railroad commission to each person who on the
effective date of this section holds a valid permit issued by the
commission for a Class V brine injection well.
(j) Applications for Class V brine injection well permits
submitted to the commission before the delegation to the railroad
commission of primary enforcement authority in this state over
wells that inject spent brine into the same formation from which it
was withdrawn after extraction of halogens or their salts for which
permits have not been issued by the commission shall be transmitted
to the railroad commission.
SECTION 2. The text of Section 27.036, Water Code, added by
Acts 1985, 69th Legislature, Chapter 795, Section 5.013, is
repealed. This repeal shall have no effect upon the text of 27.036,
Water Code, added by Acts 1985, 69th Legislature, Chapter 921,
Section 2.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.