HB 262

89S20522 ANG-D
		By: Curry
  H.B. No. 262
  A BILL TO BE ENTITLED
  AN ACT
  relating to the production and ownership of brine.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle D, Title 3, Natural Resources Code, is
  amended by adding Chapter 124 to read as follows:
  CHAPTER 124.  OWNERSHIP OF BRINE MINERALS
         Sec. 124.001.  DEFINITION.  In this chapter, "brine
  minerals" means the interstitial particles and solutes suspended,
  dissolved, or otherwise contained in brine, including bromine,
  magnesium, potassium, lithium, boron, chlorine, iodine, calcium,
  strontium, sodium, sulfur, barium, sodium chloride, and other
  minerals, chemical elements, compounds, or products produced with
  or extracted from brine.
         Sec. 124.002.  OWNERSHIP OF BRINE MINERALS.  Except as
  otherwise expressly provided by a conveyance, contract, deed,
  reservation, exception, limitation, lease, assignment, or other
  binding obligation, the owner of the mineral estate of the land owns
  the brine minerals below the surface of the land as real property
  and is responsible for protecting the correlative rights of other
  owners.
         SECTION 2.  Section 27.002, Water Code, is amended by adding
  Subdivision (26) to read as follows:
               (26)  "Brine" means a subterranean liquid or semiliquid
  of varying salinities and the interstitial particles and solutes
  suspended, dissolved, or otherwise contained in the liquid or
  semiliquid, including the brine minerals, as defined by Section
  124.001, Natural Resources Code. The term does not include
  groundwater, as defined by Section 36.001(5), surface water, as
  described by Section 11.021(a), fluid oil and gas waste, as defined
  by Section 122.001, Natural Resources Code, or oil, gas, or a
  product of oil or gas, as defined by Section 85.001, Natural
  Resources Code.
         SECTION 3.  Sections 27.036(a) and (d), Water Code, are
  amended to read as follows:
         (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 brine minerals, elements,
  salts, interstitial particles and solutes in the liquid or produced
  from the liquid, 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
  the processing and extraction of brine minerals, elements, salts,
  interstitial particles and solutes in the liquid or produced from
  the liquid, or other useful substances, including halogens or
  halogen salts.
         (d)  The railroad commission shall adopt rules that are
  necessary to administer and regulate brine mining, including rules
  establishing reporting requirements for operators of brine
  production wells and injection wells used for brine mining.
         SECTION 4.  This Act takes effect on the 91st day after the
  last day of the legislative session.