By: Guillen (Senate Sponsor - Parker) H.B. No. 1238
(In the Senate - Received from the House April 28, 2025;
April 29, 2025, read first time and referred to Committee on
Natural Resources; May 8, 2025, reported favorably by the
following vote: Yeas 9, Nays 0; May 8, 2025, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the inspection of the location of a proposed Class I
injection well.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 27.016, Water Code, is amended to read as
follows:
Sec. 27.016. INSPECTION OF WELL LOCATION. (a) On receiving
an application for a permit, the executive director shall:
(1) have an inspection made of the location of the
proposed disposal well to determine the local conditions and the
probable effect of the well; and
(2) [shall] determine the requirements for the setting
of casing, as provided in Sections 27.051, 27.055, and 27.056 [of
this code].
(b) For a proposed Class I injection well, the executive
director may satisfy the requirements of Subsection (a) by
accepting an inspection report prepared by an engineer or
geoscientist licensed in this state. The report must:
(1) confirm that the engineer or geoscientist
inspected the location of the proposed injection well to determine
the local conditions and the probable effect of the well; and
(2) state the engineer's or geoscientist's
determination regarding the requirements for the setting of casing
as required by Subsection (a)(2).
(c) An engineer or geoscientist may conduct an inspection
under Subsection (b)(1):
(1) in person at the location of the proposed
injection well; or
(2) virtually through:
(A) satellite or other aerial imagery;
(B) mapping software; or
(C) other appropriate information sources.
(d) The executive director may require an engineer or
geoscientist that submits a virtual inspection described by
Subsection (c)(2) to conduct an additional in-person inspection if
the initial visual inspection reveals an issue the executive
director determines merits an in-person inspection.
SECTION 2. The change in law made by this Act applies only
to a permit application filed with the Texas Commission on
Environmental Quality on or after the effective date of this Act. A
permit application filed before the effective date of this Act is
subject to the law in effect on the date the application is filed,
and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2025.
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