Amend CSHB 3838 (House Committee Printing) as follows:
(1) On page 4, line 26, strike "may" and substitute "shall [may]".
(2) Add the following appropriately numbered SECTION and
renumber subsequent SECTIONS accordingly:
SECTION ____. Sections 27.051(a) and (b), Water Code, are
amended to read as follows:
(a) The commission may grant an application in whole or part
and may issue the permit if it finds:
(1) that the use or installation of the injection well
is in the public interest;
(2) that no existing rights, including, but not
limited to, mineral rights, will be impaired;
(3) that, with proper safeguards, both ground and
surface fresh water can be adequately protected from pollution;
(4) that the applicant has made a satisfactory showing
of financial responsibility as [if] required by Section 27.073 [of
this code];
(5) that the applicant has provided for the proper
operation of the proposed hazardous waste injection well;
(6) that the applicant for a hazardous waste injection
well not located in an area of industrial land use has made a
reasonable effort to ensure that the burden, if any, imposed by the
proposed hazardous waste injection well on local law enforcement,
emergency medical or fire-fighting personnel, or public roadways,
will be reasonably minimized or mitigated; and
(7) that the applicant owns or has made a good faith
claim to, or has the consent of the owner to utilize, or has an
option to acquire, or has the authority to acquire through eminent
domain, the property or portions of the property where the
hazardous waste injection well will be constructed.
(b) The railroad commission may grant an application in
whole or part and may issue the permit if it finds:
(1) that the use or installation of the injection well
is in the public interest;
(2) that the use or installation of the injection well
will not endanger or injure any oil, gas, or other mineral
formation;
(3) that, with proper safeguards, both ground and
surface fresh water can be adequately protected from pollution; and
(4) that the applicant has made a satisfactory showing
of financial responsibility as [if] required by Section 27.073 [of
this code].