By: Birdwell, et al. S.B. No. 1145
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Texas Commission on Environmental
Quality to issue permits for the land application of water produced
from certain mining and oil and gas extraction operations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 26.131, Water Code, as effective until
delegation of authority under the Resource Conservation and
Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.) to the
Railroad Commission of Texas, is amended by amending Subsection (b)
and adding Subsection (e) to read as follows:
(b) Except as provided by Subsections [Subsection] (d) and
(e), the Railroad Commission of Texas may issue permits for the
discharge of waste resulting from the activities described by
Subsection (a), and the discharge of waste into water in this state
resulting from those activities must meet the water quality
standards established by the commission.
(e) The commission may issue permits for the land
application of produced water resulting from activities described
by Subsection (a) that has been treated for beneficial use. The
commission shall adopt standards for the land application of water
under this section, including standards that prevent the pollution
of surface and subsurface water.
SECTION 2. Section 26.131, Water Code, as effective on
delegation of authority under the Resource Conservation and
Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.) to the
Railroad Commission of Texas, is amended by amending Subsection (b)
and adding Subsection (d) to read as follows:
(b) Except as provided by Subsections [Subsection] (c) and
(d), the Railroad Commission of Texas may issue permits for the
discharge of waste resulting from the activities described by
Subsection (a), and the discharge of waste into water in this state
resulting from those activities must meet the water quality
standards established by the commission.
(d) The commission may issue permits for the land
application of produced water resulting from activities described
by Subsection (a) that has been treated for beneficial use. The
commission shall adopt standards for the land application of water
under this section, including standards that prevent the pollution
of surface and subsurface water.
SECTION 3. The change in law made by this Act applies only
to a permit, the application for which is filed on or after the
effective date of this Act. A permit, the application for which is
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 4. This Act takes effect September 1, 2025.