88R8922 ANG-F     By: Hughes S.B. No. 1186       A BILL TO BE ENTITLED   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, 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 elements, salts, or other useful substances other than   oil and gas from a subsurface formation.                (2)  "Class V brine injection well" means a well that   injects spent brine into the same formation from which it was   withdrawn after extraction of halogens or brine salts.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 and brine   production wells.          (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 an injection well to inject   brine into the same formation from which it was withdrawn after   extraction of halogens or salt from halogens 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, 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.