S.B. No. 1186
AN ACT
relating to the regulation by the Railroad Commission of Texas of
brine mining.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 27.036, Water Code, as added by Chapter
921 (H.B. 1867), Acts of the 69th Legislature, Regular Session,
1985, 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 from a subsurface formation elements, salts, or other
useful substances, not including:
(A) oil, gas, or any product of oil or gas as
defined by Section 85.001, Natural Resources Code; or
(B) fluid oil and gas waste, as defined by
Section 122.001, Natural Resources Code.
(2) "Class V brine injection well" means a well that
injects spent, naturally occurring brine produced by a brine mining
operation into the same formation from which it was withdrawn after
extraction of elements, salts, or other useful substances,
including halogens or halogen 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.
(c) [(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.
(d) [(c)] The railroad commission shall adopt rules that
are necessary to administer and regulate brine mining.
(e) [(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.
(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.
(g) If rules or regulations adopted to govern Class V brine
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 for Class V brine
injection wells in this state.
(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 a Class V brine injection
well unless that person has a valid permit for the well issued by
the railroad commission under this chapter.
[(e) This section takes effect September 1, 1985.
[(f) 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) 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.]
SECTION 2. Section 27.036, Water Code, as added by Chapter
795 (S.B. 249), Acts of the 69th Legislature, Regular Session,
1985, is repealed.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1186 passed the Senate on
April 20, 2023, by the following vote: Yeas 29, Nays 2.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1186 passed the House on
May 12, 2023, by the following vote: Yeas 136, Nays 4,
two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor