S.B. No. 1186
 
 
 
 
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 (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  operation into the same formation from which it was withdrawn after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.
         (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.
         (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 a Class V brine injection
  well 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 (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