Bill Text: TX SB1186 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the regulation by the Railroad Commission of Texas of brine mining.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2023-05-27 - Effective immediately [SB1186 Detail]
Download: Texas-2023-SB1186-Enrolled.html
S.B. No. 1186 |
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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operation into the same formation from which it was withdrawn after | ||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. | ||
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to be used for brine mining unless that person has a valid permit | ||
for the well issued by the railroad commission under this chapter. | ||
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are necessary to administer and regulate brine mining. | ||
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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. | ||
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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 |