BILL ANALYSIS

 

 

Senate Research Center

S.B. 1061

 

By: Parker

 

Natural Resources

 

6/5/2025

 

Enrolled

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current regulations governing uranium mining permits in Texas, located in Water Code Section 27.0513, are convoluted and repetitive. Mining areas within previously approved boundaries are required to go through the approval process again for even limited changes. S.B. 1061 seeks to address this issue and simplify uranium mining regulation by repealing repetitive provisions and making certain applications for amendments to mining authorizations an uncontested matter.

 

S.B. 1061 amends Section 27.0513(d) of the Water Code to specify that applications for authorizations or amendments to authorizations allowing mining and restoration activities in production zones are considered uncontested matters. These are not subject to contested case hearings or the hearing requirements of Chapter 2001, Government Code, provided certain conditions are met.

 

S.B. 1061 makes sure authorization must pertain to a production zone within a permitted boundary that includes a range table of groundwater quality restoration values, and the application must specify restoration values for each production zone that do not exceed the upper limit of this established range.

 

S.B. 1061 also repeals Sections 27.0513(f) and 27.0513(g) of the Texas Water Code.

 

S.B. 1061 amends current law relating to procedural requirements for uranium mining production area authorizations.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 27.0513, Water Code, by adding Subsection (c-1) and amending Subsection (d), as follows:

 

(c-1) Requires the Texas Commission on Environmental Quality (TCEQ) to prioritize the conservation of regional groundwater water supplies when reviewing an application to amend a restoration table value.

 

(d) Provides that, notwithstanding Sections 5.551 (Permitting Procedures; Applicability), 5.556 (Request for Reconsideration or Contested Case Hearing), 27.011 (Permit From Commission), and 27.018 (Hearing on Permit Application), an application for an authorization or an amendment to an authorization that allows the permit holder to conduct mining and restoration activities in production areas within the boundary established in the permit is an uncontested matter not subject to a contested case hearing or the hearing requirements of Chapter 2001 (Administrative Procedure), Government Code, if:

 

(1) the authorization is for a production area, rather than zone, located within the boundary of a permit that incorporates, for each production zone addressed in the application, a range table of groundwater quality restoration values used to measure groundwater restoration by TCEQ;

 

(2) the application includes, for each production area addressed in the application, groundwater quality restoration values falling at or below the upper limit of the range established in Subdivision (1);

 

(3) the authorization is for a production area, rather than zone, located within the boundary of a permit that incorporates groundwater baseline characteristics of the wells for the application required by TCEQ rule; and

 

(4) not later than the 30th day after the date TCEQ determines the application to be administratively complete, TCEQ mails notice of receipt of the application to:

 

(A) the owners of the surface of:

 

(i) the tract of land on which the existing or proposed production area is or will be located; and

 

(ii) the tracts of land adjacent to the land described by Subparagraph (i);

 

(B) the owners of mineral rights underlying:

 

(i) the tract of land on which the existing or proposed production area is or will be located; and

 

(ii) the tracts of land adjacent to the land described by Subparagraph (i); and

 

(C) any groundwater conservation district established in the county in which the existing or proposed production area is or will be located.

 

Makes nonsubstantive changes to this subsection.

 

SECTION 2. Repealers: Sections 27.0513(f) (relating to the first application for a certain uranium mining issued authorization for a production zone located within a certain area) and (g) (relating to providing that a first authorization that has previously been issued for a production zone located within the boundary of a permit is effective for purposes of this subsection and a subsequent authorization for a production zone in the same permit boundary is not subject to an opportunity for a contested case hearing, with exceptions), Water Code.

 

SECTION 3. Makes application of this Act prospective.

 

SECTION 4. Effective date: September 1, 2025.