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  By: Martinez Fischer H.B. No. 3718
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the development, protection, and production of brackish
  aquifers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 11, Water Code is amended
  by adding Section 11.054 to read as follows:
         Sec. 11.054.  BRACKISH AQUIFER.  (a)  The administration of
  rules concerning brackish aquifers shall be efficient, equitable,
  and provide sufficient uniformity to produce the highest and best
  use of  resources from brackish aquifers.
         (b)  The highest and best use of brackish aquifers includes:
               (1)  The production of freshwater through
  desalination;
               (2)  
  The use of produced water for use in hydraulic
  fracturing.
         (c)  The development and production of natural resources in
  brackish aquifers in subsection (b) shall be given precedence over
  all other permitted uses of the brackish aquifer.
         (d)  It shall be the goal of the state of Texas to use
  resources from brackish aquifers to:
               (1)  reduce freshwater consumption from hydraulic
  fracturing, including promoting recycling of produced water;
               (2)  increase access to freshwater for agricultural,
  municipal, and industrial consumption.
  SECTION 2.  The effective date of this Act is September 1, 2013