By: Darby H.B. No. 1318       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of brine mining wells.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 27.036, Water Code, 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 elements, salts, or other useful substances besides oil   and gas from a subsurface formation; and                (2)  "Class V brine injection well" means a well that   injects spent brine into the same formation from which it was   withdrawn after extraction of halogens or their salts.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.          [(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.]          (c)  The railroad commission shall adopt rules that are   necessary to administer and regulate brine mining.          (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.          (e)  If rules or regulations adopted to govern Class V brine   mining 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 in this   state for Class V brine mining injection wells [This section takes   effect September 1, 1985].          (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 [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)  A person may not begin to drill an injection well to be   used for brine mining of brine extracted by the solution of a   subsurface salt formation unless that person has a valid permit for   the well issued by the railroad commission under this section   [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].          (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 an injection well to inject   brine into the same formation from which it was withdrawn after   extraction of halogens or their salts unless that person has a valid   permit for the well issued by the railroad commission under this   section.          (i)  This section does not invalidate any permit for an   injection well used for brine mining that was issued by the   commission before the delegation to the railroad commission of   primary enforcement authority in this state over Class V brine   injection wells. Within 90 days after the delegation of primary   enforcement authority over Class V brine injection wells, the   railroad commission 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   commission for a Class V brine injection well.          (j)  Applications for Class V brine injection well permits   submitted to the commission before the delegation to the railroad   commission of primary enforcement authority in this state over   wells that inject spent brine into the same formation from which it   was withdrawn after extraction of halogens or their salts for which   permits have not been issued by the commission shall be transmitted   to the railroad commission.          SECTION 2.  The text of Section 27.036, Water Code, added by   Acts 1985, 69th Legislature, Chapter 795, Section 5.013, is   repealed.  This repeal shall have no effect upon the text of 27.036,   Water Code, added by Acts 1985, 69th Legislature, Chapter 921,   Section 2.          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.