79R9114 SMH-F

By:  West                                                         H.B. No. 2982



A BILL TO BE ENTITLED

AN ACT

relating to the transfer of the regulation of injection wells used 
for in situ uranium mining from the Texas Commission on 
Environmental Quality to the Railroad Commission of Texas.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 27.002(12), Water Code, is amended to 
read as follows:   
		(12)  "Extraction of minerals" means the use of an 
injection well for the development or recovery of natural resources 
other than resources subject to the jurisdiction of the railroad 
commission, and includes solution mining of minerals[, in situ 
uranium mining,] and mining of sulfur by the Frasch process, but 
does not include the solution mining of salt when leaching a cavern 
for the storage of hydrocarbons.
	SECTION 2.  The heading to Subchapter C, Chapter 27, Water 
Code, is amended to read as follows:

SUBCHAPTER C.  JURISDICTION OF RAILROAD COMMISSION

[OIL AND GAS WASTE]
	SECTION 3.  Subchapter C, Chapter 27, Water Code, is amended 
by adding Section 27.037 to read as follows:
	Sec. 27.037.  JURISDICTION OVER IN SITU URANIUM MINING.  (a)  
The railroad commission has jurisdiction over in situ uranium 
mining and may issue permits for injection wells used for in situ 
uranium mining.
	(b)  A person may not begin to drill an injection well to be 
used for in situ uranium mining unless that person holds a permit 
for the well issued by the railroad commission under this chapter.
	(c)  The railroad commission shall adopt rules that are 
necessary to administer and regulate in situ uranium mining.
	(d)  For purposes of regulation by the railroad commission, 
an injection well used for in situ uranium mining is designated as a 
Class III well under the underground injection control program 
administered by the railroad commission.
	SECTION 4.  (a)  On the effective date of this Act:                            
		(1)  all functions and activities performed by the 
Texas Commission on Environmental Quality that relate to the 
regulation of injection wells used for in situ uranium mining under 
Chapter 27, Water Code, are transferred to the Railroad Commission 
of Texas;
		(2)  all employees of the Texas Commission on 
Environmental Quality who primarily perform duties related to the 
regulation of injection wells used for in situ uranium mining under 
Chapter 27, Water Code, become employees of the Railroad Commission 
of Texas;
		(3)  a rule, standard, or form adopted by the Texas 
Commission on Environmental Quality that is related to the 
regulation of injection wells used for in situ uranium mining under 
Chapter 27, Water Code, is a rule, standard, or form of the Railroad 
Commission of Texas and remains in effect until altered by the 
railroad commission;
		(4)  a proceeding involving the Texas Commission on 
Environmental Quality that is related to the regulation of 
injection wells used for in situ uranium mining under Chapter 27, 
Water Code, is transferred without change in status to the Railroad 
Commission of Texas, and the railroad commission assumes, without 
change in status, the position of the Texas Commission on 
Environmental Quality in any proceeding relating to the regulation 
of injection wells used for in situ uranium mining to which the 
Texas Commission on Environmental Quality is a party;
		(5)  all money, contracts, leases, rights, and 
obligations of the Texas Commission on Environmental Quality 
related to injection wells used for in situ uranium mining under 
Chapter 27, Water Code, are transferred to the Railroad Commission 
of Texas;
		(6)  all property, including records, in the custody of 
the Texas Commission on Environmental Quality related to the 
regulation of injection wells used for in situ uranium mining under 
Chapter 27, Water Code, is transferred to the Railroad Commission 
of Texas; and
		(7)  all money appropriated to the Texas Commission on 
Environmental Quality for purposes related to the regulation of 
injection wells used for in situ uranium mining under Chapter 27, 
Water Code, is transferred to the Railroad Commission of Texas.
	(b)  This Act does not invalidate a permit for an injection 
well used for in situ uranium mining that was issued by the Texas 
Commission on Environmental Quality before the effective date of 
this Act.  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 Act holds a permit 
issued by the Texas Commission on Environmental Quality for an 
injection well used for in situ uranium mining.  A permit for an 
injection well used for in situ uranium mining that was issued by 
the Texas Commission on Environmental Quality before the effective 
date of this Act remains in effect until the permit holder receives 
a substitute permit issued by the Railroad Commission of Texas.
	SECTION 5.  This Act takes effect September 1, 2005.