reglab/statecodes huggingface dataset:
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter J. Groundwater Protection › Section 26.407. Protection and Enhancement Plans

Sec. 26.407.  PROTECTION AND ENHANCEMENT PLANS.  (a)  The commission, with the advice of the committee, shall develop plans, except for those plans required by Section 201.026, Agriculture Code, for the protection and enhancement of water quality pursuant to federal statute, regulation, or policy, including management plans for the prevention of water pollution by agricultural chemicals and agents.
(b)  Any agency represented on the committee shall be eligible to receive and spend federal funds for its participation in the development of such management plans.  Receipt of such funds shall have no effect on whether the agency in receipt of the funds is the lead agency for water issues in this state.
Added by Acts 1989, 71st Leg., ch. 768, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter J. Groundwater Protection › Section 26.408. Notice of Groundwater Contamination

Sec. 26.408.  NOTICE OF GROUNDWATER CONTAMINATION.  (a)  If a state agency documents under Section 26.406(a) a case of groundwater contamination that may affect a drinking water well, the state agency shall notify the commission.
(b)  Not later than the 30th day after the date the commission receives notice under Subsection (a) or obtains independent knowledge of groundwater contamination, the commission shall make every effort to give notice of the contamination by first class mail to each owner of a private drinking water well that may be affected by the contamination and to each applicable groundwater conservation district.
(c)  The committee by rule shall prescribe the form and content of notice required under this section.
Acts 2003, 78th Leg., ch. 1135, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter K. Occupational Licensing and Registration › Section 26.451. Definitions

Sec. 26.451.  DEFINITIONS.  In this subchapter:
(1), (2) Repealed by Acts 2001, 77th Leg., ch. 880, Sec. 25(1), eff. Sept. 1, 2001.
(3)  "Critical junctures" means, in the case of an installation, repair, or removal, all of the following steps:
(A)  preparation of the tank bedding immediately before receiving the tank;
(B)  setting of the tank and the piping, including placement of any anchoring devices, backfill to the level of the tank, and strapping, if any;
(C)  connection of piping systems to the tank;
(D)  all pressure testing of the underground storage tank, including associated piping, performed during the installation;
(E)  completion of backfill and filling of the excavation;
(F)  any time during the repair in which the piping system is connected or reconnected to the tank;
(G)  any time during the repair in which the tank or its associated piping is tested;  and
(H)  any time during the removal of the tank.
(4)  "Installation" means the installation of underground storage tanks and ancillary equipment.
(5)  to (10) Repealed by Acts 2001, 77th Leg., ch. 880, Sec. 25(1), eff. Sept. 1, 2001.
(11)  "Removal" means the process of removing and disposing of an underground storage tank that is no longer in service, or the process of abandoning an underground storage tank in place after purging the tank of vapors and filling the vessel of the tank with an inert material.
(12)  "Repair" means the modification or correction of an underground storage tank and ancillary equipment.  The term does not include:
(A)  relining an underground storage tank through the application of epoxy resins or similar materials;
(B)  the performance of a tightness test to ascertain the integrity of the tank;
(C)  the maintenance and inspection of cathodic protection devices by a corrosion expert or corrosion technician;
(D)  emergency actions to halt or prevent leaks or ruptures;  or
(E)  minor maintenance on ancillary aboveground equipment.
(13), (14) Repealed by Acts 2001, 77th Leg., ch. 880, Sec. 25(1), eff. Sept. 1, 2001.
Acts 1989, 71st Leg., ch. 244, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 639, Sec. 1, eff. Aug. 30, 1993. Renumbered from Vernon's Ann.Civ.St. art. 8900, Sec. 1 and amended by Acts 1995, ch. 315, Sec. 15, eff. Sept. 1, 1995.  Amended 2001, 77th Leg., ch. 880, Sec. 25(1), eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter K. Occupational Licensing and Registration › Section 26.452. Underground Storage Tank Contractor

Sec. 26.452.  UNDERGROUND STORAGE TANK CONTRACTOR.  (a)  A person who offers to undertake, represents that the person is able to undertake, or undertakes to install, repair, or remove an underground storage tank must hold a registration issued by the commission under Chapter 37. If the person is a partnership or joint venture, it need not register in its own name if each partner or joint venture is registered.
(b)  An underground storage tank contractor must have an on-site supervisor who is licensed by the commission under Chapter 37 at the site at all times during the critical junctures of the installation, repair, or removal.
(c)  This subchapter does not apply to the installation of a storage tank or other facility exempt from regulation under Section 26.344.
Acts 1989, 71st Leg., ch. 244, eff. Sept. 1, 1989.  Renumbered from Vernon's Ann.Civ.St. art. 8900, Sec. 2 and amended by Acts 1995, 74th Leg., ch. 315, Sec. 15, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 880, Sec. 11, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter K. Occupational Licensing and Registration › Section 26.456. Underground Storage Tank On-Site Supervisor Licensing

Sec. 26.456.  UNDERGROUND STORAGE TANK ON-SITE SUPERVISOR LICENSING.  (a)  A person supervising the installation, repair, or removal of an underground storage tank must hold a license issued by the commission under Chapter 37.
(b)  An on-site supervisor must be present at the site at all times during the critical junctures of the installation, repair, or removal.
Acts 1989, 71st Leg., ch. 244, eff. Sept. 1, 1989.  Renumbered from Vernon's Ann.Civ.St. art. 8900, Sec. 6 and amended by Acts 1995, 74th Leg., ch. 315, Sec. 15, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 880, Sec. 11, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter L. Protection of Certain Watersheds › Section 26.501. Definitions

Sec. 26.501.  DEFINITIONS.  In this subchapter:
(1)  "Concentrated animal feeding operation" has the meaning assigned by 30 T.A.C. Section 321.32 on the effective date of this subchapter.
(2)  "New concentrated animal feeding operation" means a proposed concentrated animal feeding operation, any part of which is located on property not previously authorized by the state to be operated as a concentrated animal feeding operation.
(3)  "Historical waste application field" means an area of land that at any time since January 1, 1995, has been owned or controlled by an operator of a concentrated animal feeding operation on which agricultural waste from a concentrated animal feeding operation has been applied.
Added by Acts 2001, 77th Leg., ch. 965, Sec. 12.02, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter M. Water Quality Protection Areas › Section 26.552. Applicability; Pilot Program

Sec. 26.552.  APPLICABILITY; PILOT PROGRAM.  (a)  This subchapter applies only to quarrying in a water quality protection area designated by commission rule.  This subchapter does not apply to the construction or operation of a municipal solid waste facility regardless of whether the facility includes a pit or quarry that is associated with past quarrying.
(b)  For the period of September 1, 2005, to September 1, 2027, the commission shall apply this subchapter only as a pilot program in:
(1)  the John Graves Scenic Riverway; and
(2)  the Coke Stevenson Scenic Riverway.
(c)  This subchapter does not apply to:
(1)  a quarry or associated processing plant that since on or before January 1, 1994, has been in regular operation in the John Graves Scenic Riverway without cessation of operation for more than 30 consecutive days and under the same ownership;
(2)  the construction or modification of associated equipment located on a quarry site or associated processing plant site described by Subdivision (1); or
(3)  an activity, facility, or operation regulated under Chapter 134, Natural Resources Code.
Added by Acts 2005, 79th Leg., Ch. 374 (S.B. 1354), Sec. 2, eff. June 17, 2005.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 698 (H.B. 1688), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter M. Water Quality Protection Areas › Section 26.554. Financial Responsibility for Discharges of Certain Wastes Within Water Quality Protection Area

Sec. 26.554.  FINANCIAL RESPONSIBILITY FOR DISCHARGES OF CERTAIN WASTES WITHIN WATER QUALITY PROTECTION AREA.  (a)  The commission by rule shall adopt requirements for:
(1)  maintaining evidence of financial responsibility for restoration of a water body affected by an unauthorized discharge from a permitted quarry; or
(2)  taking corrective action and compensating for water quality effects caused by an unauthorized discharge resulting from quarrying.
(b)  A responsible party commits a violation if the responsible party operates a permitted quarry knowing that financial responsibility required by a permit does not exist.
Added by Acts 2005, 79th Leg., Ch. 374 (S.B. 1354), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter M. Water Quality Protection Areas › Section 26.555. Inspections of and Sampling of Water in Pilot Program Areas

Sec. 26.555.  INSPECTIONS OF AND SAMPLING OF WATER IN PILOT PROGRAM AREAS.  (a)  To detect potential violations of this subchapter in the John Graves Scenic Riverway and the Coke Stevenson Scenic Riverway, the commission, the Brazos River Authority or the Lower Colorado River Authority, as appropriate, and the Parks and Wildlife Department shall coordinate efforts to conduct each calendar year:
(1)  visual inspections of the riverways; and
(2)  testing of water samples drawn from the Brazos River, the South Llano River, and their respective tributaries.
(b)  The visual inspections and the drawing of water samples must be conducted at least once in a winter month and at least once in a summer month.  The visual inspections must be conducted both from the surfaces of the John Graves Scenic Riverway and the Coke Stevenson Scenic Riverway and from an aircraft flying over the riverways.
Added by Acts 2005, 79th Leg., Ch. 374 (S.B. 1354), Sec. 2, eff. June 17, 2005.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 698 (H.B. 1688), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter M. Water Quality Protection Areas › Section 26.557. Emergency Orders

Sec. 26.557.  EMERGENCY ORDERS.  The commission may issue a temporary or emergency order under Section 5.509 relating to a discharge of waste or pollutants from a quarry in a water quality protection area.
Added by Acts 2005, 79th Leg., Ch. 374 (S.B. 1354), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter M. Water Quality Protection Areas › Section 26.558. Recovery of Costs for Unauthorized Discharges Within Water Quality Protection Area

Sec. 26.558.  RECOVERY OF COSTS FOR UNAUTHORIZED DISCHARGES WITHIN WATER QUALITY PROTECTION AREA.  If the commission has incurred any costs in undertaking a corrective or enforcement action with respect to an unauthorized discharge from a quarry under this subchapter, including a reclamation or restoration action, the responsible party is liable to the state for all reasonable costs of the corrective or enforcement action, including court costs and reasonable attorney's fees, and for any punitive damages that may be assessed by the court.
Added by Acts 2005, 79th Leg., Ch. 374 (S.B. 1354), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter M. Water Quality Protection Areas › Section 26.559. Reclamation and Restoration Fund Account

Sec. 26.559.  RECLAMATION AND RESTORATION FUND ACCOUNT.  (a)  Penalties and other money received by the commission as a result of an enforcement action taken under this subchapter, and any gift or grant the commission receives for the purposes of this subchapter, shall be deposited into the reclamation and restoration fund account in the general revenue fund.  Money in the account may be appropriated only to the commission for the reclamation and restoration of the beds, bottoms, and banks of water bodies affected by the unlawful discharges subject to this subchapter.
(b)  At least 60 days before spending money from the reclamation and restoration fund account, the commission shall publish notice of its proposed plan and conduct a hearing for the purpose of soliciting public comment, oral or written.  The commission shall fully consider all written and oral submissions on the proposed plan.
(c)  At least 30 days before the date of the public hearing, the notice must be published in the Texas Register and in a newspaper of general circulation in the county where the violation resulting in the payment of the penalties or other money occurred.
(d)  Interest and other income earned on money in the account shall be credited to the account.  The account is exempt from the application of Section 403.095, Government Code.
Added by Acts 2005, 79th Leg., Ch. 374 (S.B. 1354), Sec. 2, eff. June 17, 2005.
Reenacted by Acts 2023, 88th Leg., R.S., Ch. 698 (H.B. 1688), Sec. 4, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter M. Water Quality Protection Areas › Section 26.560. Cooperation With Other State Agencies

Sec. 26.560.  COOPERATION WITH OTHER STATE AGENCIES.  (a)  The commission is the principal authority in the state on matters relating to the implementation of this subchapter.  All other state agencies engaged in water quality or water pollution control activities in a water quality protection area shall coordinate those activities with the commission.
(b)  The executive director, with the consent of the commission, may enter into contracts, memoranda of understanding, or other agreements with other state agencies for purposes of developing effluent or other water quality requirements, including requirements for financial responsibility, adequate to protect the water resources in a water quality protection area, in any individual or general permit or other authorization issued under this subchapter.
Added by Acts 2005, 79th Leg., Ch. 374 (S.B. 1354), Sec. 2, eff. June 17, 2005.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 26 - Water Quality Control › Subchapter M. Water Quality Protection Areas › Section 26.562. Expiration

Sec. 26.562.  EXPIRATION.  This subchapter expires September 1, 2027.
Added by Acts 2005, 79th Leg., Ch. 374 (S.B. 1354), Sec. 2, eff. June 17, 2005.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 698 (H.B. 1688), Sec. 5, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter A. General Provisions › Section 27.001. Short Title

Sec. 27.001.  SHORT TITLE.  This chapter may be cited as the Injection Well Act.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter A. General Provisions › Section 27.003. Policy and Purpose

Sec. 27.003.  POLICY AND PURPOSE.  It is the policy of this state and the purpose of this chapter to maintain the quality of fresh water in the state to the extent consistent with the public health and welfare and the operation of existing industries, taking into consideration the economic development of the state, to prevent underground injection that may pollute fresh water, and to require the use of all reasonable methods to implement this policy.
Added by Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981.  Amended by Acts 2001, 77th Leg., ch. 965, Sec. 1.27, eff. Sept. 1, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter B. Jurisdiction of Commission › Section 27.011. Permit From Commission

Sec. 27.011.  PERMIT FROM COMMISSION.  Unless the activity is subject to the jurisdiction of the railroad commission or authorized by a rule of the commission, no person may continue utilizing an injection well or begin drilling an injection well or converting an existing well into an injection well to dispose of industrial and municipal waste, to extract minerals, or to inject a fluid without first obtaining a permit from the commission.
Amended by Acts 1977, 65th Leg., p. 1647, ch. 644, Sec. 10.  Renumbered from Sec. 22.011 and amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.114, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter B. Jurisdiction of Commission › Section 27.012. Application for Permit

Sec. 27.012.  APPLICATION FOR PERMIT.  (a)  The commission shall prescribe forms for application for a permit and shall make the forms available on request without charge.
(b)  Applications for hazardous and nonhazardous disposal well permits shall be processed in accordance with this chapter for the benefit of the state and the preservation of its natural resources.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.114, eff. Sept. 1, 1985;  Acts 2001, 77th Leg., ch. 347, Sec. 1, eff. May 26, 2001.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter B. Jurisdiction of Commission › Section 27.013. Information Required of Applicant

Sec. 27.013.  INFORMATION REQUIRED OF APPLICANT.  An applicant shall furnish any information the executive director considers necessary to discharge his duties under this chapter and the rules of the commission.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.114, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter B. Jurisdiction of Commission › Section 27.014. Application Fee

Sec. 27.014.  APPLICATION FEE.  With each application for a disposal well permit, the commission shall collect a fee in the amount provided by and under the terms of Section 5.701.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.114, eff. Sept. 1, 1985;  Acts 2001, 77th Leg., ch. 347, Sec. 1, eff. May 26, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 901 (H.B. 2654), Sec. 6, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter B. Jurisdiction of Commission › Section 27.015. Letter From Railroad Commission

Sec. 27.015.  LETTER FROM RAILROAD COMMISSION.  (a)  A person making application to the commission for a disposal well permit under this chapter shall submit with the application a letter from the railroad commission concluding that drilling or using the disposal well and injecting industrial and municipal waste into the subsurface stratum will not endanger or injure any known oil or gas reservoir.
(b)  In a hearing on an application for a disposal well permit under this chapter, the commission may not proceed to hearing on any issues other than preliminary matters such as notice until the letter required from the railroad commission under Subsection (a) of this section is provided to the commission.
(c)  The commission shall find that there will be no impairment of oil or gas mineral rights if the railroad commission has issued a letter under Subsection (a) that concludes that drilling and using the disposal well will not endanger or injure any known oil or gas reservoir.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.114, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 638, Sec. 2, eff. Sept. 1, 1987;  Acts 1993, 73rd Leg., ch. 802, Sec. 2, eff. June 18, 1993;  Acts 1995, 74th Leg., ch. 76, Sec. 16.02, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter B. Jurisdiction of Commission › Section 27.016. Inspection of Well Location

Sec. 27.016.  INSPECTION OF WELL LOCATION.  On receiving an application for a permit, the executive director shall have an inspection made of the location of the proposed disposal well to determine the local conditions and the probable effect of the well and shall determine the requirements for the setting of casing, as provided in Sections 27.051, 27.055, and 27.056 of this code.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter B. Jurisdiction of Commission › Section 27.017. Recommendations From Other Entities

Sec. 27.017.  RECOMMENDATIONS FROM OTHER ENTITIES.  (a)  The executive director shall submit to the Department of State Health Services and to other persons which the commission may designate copies of every application received in proper form.  These entities may make recommendations to the commission concerning any aspect of the application within 30 days.
(b)  If an application is received in proper form for a permit for an injection well to dispose of industrial and municipal waste and the proposed location of the injection well is in the territory of a groundwater conservation district, the executive director shall submit a copy of the application to the governing body of the groundwater conservation district.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.114, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 638, Sec. 3, eff. Sept. 1, 1987;  Acts 1995, 74th Leg., ch. 76, Sec. 11.297, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 106 (H.B. 444), Sec. 1, eff. May 21, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter B. Jurisdiction of Commission › Section 27.019. Rules, Etc

Sec. 27.019.  RULES, ETC.  (a)  The commission shall adopt rules and procedures reasonably required for the performance of its powers, duties, and functions under this chapter.
(b)  Copies of any rules under this chapter proposed by the commission shall before their adoption be sent to the railroad commission, the Texas Department of Health, and any other persons the commission may designate.  Any agency or person to whom the copies of proposed rules are sent may submit comments and recommendations to the commission and shall have reasonable time to do so as the commission may prescribe.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.116, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 76, Sec. 11.298, eff. Sept. 1, 1995.
Sec. 27.020.  MINING OF SULFUR.  The commission is authorized to develop a regulatory program with respect to the injection of fluid associated with the mining of sulfur by the Frasch process in accordance with the provisions of this chapter.  The commission may not impose any requirements more stringent than those promulgated by the administrator of the United States Environmental Protection Agency pursuant to the federal Safe Drinking Water Act, 42 U.S.C. 300h et seq., as amended, unless the commission determines that more stringent regulations are necessary to protect human health or the environment.
Added by Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.116, eff. Sept. 1, 1985.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter B. Jurisdiction of Commission › Section 27.021. Permit for Disposal of Brine From Desalination Operations or of Drinking Water Treatment Residuals in Class I Injection Wells

Sec. 27.021.  PERMIT FOR DISPOSAL OF BRINE FROM DESALINATION OPERATIONS OR OF DRINKING WATER TREATMENT RESIDUALS IN CLASS I INJECTION WELLS.  (a)  The commission may issue a permit to dispose of brine produced by a desalination operation or of drinking water treatment residuals in a Class I injection well if the applicant for the permit meets all the statutory and regulatory requirements for the issuance of a permit for a Class I injection well.
(a-1)  A permit issued under this section may authorize the disposal of water treatment residuals produced by the desalination of seawater.
(b)  The commission by rule shall provide for public notice and comment on an application for a permit authorized by this section.  Notwithstanding Section 27.018, an application for a permit authorized by this section is not subject to the hearing requirements of Chapter 2001, Government Code.
Added by Acts 2003, 78th Leg., ch. 1118, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 901 (H.B. 2654), Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 901 (H.B. 2654), Sec. 2, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 829 (H.B. 4097), Sec. 6, eff. June 17, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter B. Jurisdiction of Commission › Section 27.023. Jurisdiction Over in Situ Uranium Application Development and Operations

Sec. 27.023.  JURISDICTION OVER IN SITU URANIUM APPLICATION DEVELOPMENT AND OPERATIONS.  (a)  The commission has exclusive jurisdiction over and shall regulate wells used during the development of permit applications to obtain required premining geologic, hydrologic, and water quality information.
(b)  The commission shall require a well described by Subsection (a) to be registered with the commission.  A well described by Subsection (a) is not subject to the commission's permitting, notice, and hearing requirements.
(c)  If a well described by Subsection (a) is included in an area permit issued by the commission:
(1)  the registration status of the well ceases; and
(2)  the well is subject to all rules applicable to the area permit, including notice and hearing requirements.
Added by Acts 2007, 80th Leg., R.S., Ch. 1118 (H.B. 3838), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter B. Jurisdiction of Commission › Section 27.024. Sharing of Geologic, Hydrologic, and Water Quality Data

Sec. 27.024.  SHARING OF GEOLOGIC, HYDROLOGIC, AND WATER QUALITY DATA.  (a)  After a person developing an application for an area permit for an area located in a groundwater conservation district has identified a permit boundary, the person shall provide to that district:
(1)  information regarding wells encountered by that person during the development of the area permit application that are not recorded in the public record;
(2)  a map showing the locations of wells that are located within one-quarter mile of the location for the proposed permit and that are recorded in the public record;
(3)  premining water quality information collected from wells described by Section 27.023(a);
(4)  on a monthly basis, the amount of water produced from the wells described by Section 27.023(a); and
(5)  a record of strata as described by Section 27.053, except confidential information described by Section 131.048, Natural Resources Code.
(b)  A person may take not more than 90 days after the person receives the final information described by Subsection (a) to perform standard quality control and quality assurance procedures before the person submits the information to the groundwater conservation district.
Added by Acts 2007, 80th Leg., R.S., Ch. 1118 (H.B. 3838), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter B. Jurisdiction of Commission › Section 27.026. Dual Authorization of Injection Wells to Inject Nonhazardous Brine From Desalination Operations or Nonhazardous Drinking Water Treatment Residuals

Sec. 27.026.  DUAL AUTHORIZATION OF INJECTION WELLS TO INJECT NONHAZARDOUS BRINE FROM DESALINATION OPERATIONS OR NONHAZARDOUS DRINKING WATER TREATMENT RESIDUALS.  (a) The commission may authorize by individual permit, by general permit, or by rule a Class V injection well for the injection of nonhazardous brine from a desalination operation or nonhazardous drinking water treatment residuals into a Class II injection well that is also permitted by the railroad commission under Subchapter C.
(b)  The commission and railroad commission by rule shall enter or amend a memorandum of understanding to implement and administer this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 297 (H.B. 2230), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter C. Oil and Gas Waste; Injection Wells › Section 27.031. Permit From Railroad Commission

Sec. 27.031.  PERMIT FROM RAILROAD COMMISSION.  No person may continue using a disposal well or begin drilling a disposal well or converting an existing well into a disposal well to dispose of oil and gas waste without first obtaining a permit from the railroad commission.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter C. Oil and Gas Waste; Injection Wells › Section 27.032. Information Required of Applicant

Sec. 27.032.  INFORMATION REQUIRED OF APPLICANT.  The railroad commission shall require an applicant to furnish any information the railroad commission considers necessary to discharge its duties under this chapter.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter C. Oil and Gas Waste; Injection Wells › Section 27.0321. Application Fee

Sec. 27.0321.  APPLICATION FEE. (a) With each application for an oil and gas waste disposal well permit, the applicant shall submit to the railroad commission a nonrefundable fee of $100.
(b)  The fee collected under this section shall be deposited to the credit of the oil and gas regulation and cleanup fund as provided by Section 81.067, Natural Resources Code.
Added by Acts 1985, 69th Leg., ch. 239, Sec. 71, eff. Sept. 1, 1985.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 448 (H.B. 7), Sec. 45, eff. September 1, 2015.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter C. Oil and Gas Waste; Injection Wells › Section 27.033. Letter of Determination

Sec. 27.033.  LETTER OF DETERMINATION.  A person making application to the railroad commission for a permit under this chapter shall submit with the application a letter of determination from the railroad commission stating that drilling and using the disposal well and injecting oil and gas waste into the subsurface stratum will not endanger the freshwater strata in that area and that the formation or stratum to be used for the disposal is not freshwater sand.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 2.05, eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter C. Oil and Gas Waste; Injection Wells › Section 27.034. Railroad Commission Rules, Etc

Sec. 27.034.  RAILROAD COMMISSION RULES, ETC.  (a)  The railroad commission shall adopt rules and procedures reasonably required for the performance of its powers, duties, and functions under this chapter, including rules for notice and procedure of public hearings.  The rules for notice shall include provisions for giving notice to local governments and affected persons.  The railroad commission shall define "affected person" by rule.
(b)  Copies of any rules under this chapter proposed by the railroad commission shall, before their adoption, be sent to the commission, the Texas Department of Health, and any other persons the railroad commission may designate.  Any agency or person to whom the copies of proposed rules and regulations are sent may submit comments and recommendations to the railroad commission and shall have reasonable time to do so as the railroad commission may prescribe.
Amended by Acts 1977, 65th Leg., p. 2207, ch. 870, Sec. 1, eff. Sept. 1, 1977;  Acts 1981, 67th Leg., p. 3161, ch. 830, Sec. 1, eff. June 17, 1981;  Acts 1985, 69th Leg., ch. 795, Sec. 1.117, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 76, Sec. 11.299, eff. Sept. 1, 1995.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter C. Oil and Gas Waste; Injection Wells › Section 27.035. Jurisdiction Over in Situ Recovery of Tar Sands

Sec. 27.035.  JURISDICTION OVER IN SITU RECOVERY OF TAR SANDS.  (a)  The railroad commission has jurisdiction over the in situ recovery of tar sands and may issue permits for injection wells used for the in situ recovery of tar sands.
(b)  A person may not begin to drill an injection well to be used in the in situ recovery of tar sands 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 the in situ recovery of tar sands.
(d)  For purposes of regulation by the railroad commission, an injection well for the in situ recovery of tar sands is designated as a Class V well under the underground injection control program administered by the railroad commission.
Added by Acts 1983, 68th Leg., p. 754, ch. 184, Sec. 1, eff. Sept. 1, 1983.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter C. Oil and Gas Waste; Injection Wells › Section 27.036. Jurisdiction Over Brine Mining

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)  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)  The railroad commission shall adopt rules that are necessary to administer and regulate brine mining.
(e)  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.
Added by Acts 1985, 69th Leg., ch. 921, Sec. 2, eff. Sept. 1, 1985.  Amended by Acts 1987, 70th Leg., ch. 977, Sec. 32, eff. June 19, 1987.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 251 (S.B. 1186), Sec. 1, eff. May 27, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter C. Oil and Gas Waste; Injection Wells › Section 27.037. Jurisdiction Over Closed-Loop Geothermal Injection Wells

Sec. 27.037.  JURISDICTION OVER CLOSED-LOOP GEOTHERMAL INJECTION WELLS.  (a)  In this section, "closed-loop geothermal injection well" means a closed system geothermal well used to circulate water, other fluids, or gases through the earth as a heat source or heat sink to generate power or heat or cool a structure.
(b)  The railroad commission has jurisdiction over closed-loop geothermal injection wells and may issue permits for closed-loop geothermal injection wells, including individual permits, general permits, or permits by rule.
(c)  A person may not begin drilling a closed-loop geothermal injection well unless that person holds a valid permit issued by the railroad commission under this section.
(d)  For purposes of railroad commission regulation, a closed-loop geothermal injection well is designated as a Class V well under the underground injection control program administered by the railroad commission.
(e)  The railroad commission shall adopt rules as necessary to administer this section and regulate closed-loop geothermal injection wells.
Added by Acts 2023, 88th Leg., R.S., Ch. 343 (S.B. 786), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter C. -1. Geologic Storage and Associated Injection of Anthropogenic Carbon Dioxide › Section 27.040. Definition

Sec. 27.040.  DEFINITION.  In this subchapter, "offshore" means the area in the Gulf of Mexico seaward of the coast that is within three marine leagues of the coast.
Added by Acts 2021, 87th Leg., R.S., Ch. 460 (H.B. 1284), Sec. 7, eff. June 9, 2021.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter C. -1. Geologic Storage and Associated Injection of Anthropogenic Carbon Dioxide › Section 27.041. Jurisdiction

Sec. 27.041.  JURISDICTION.  (a)  The railroad commission has jurisdiction over the onshore and offshore injection and geologic storage of carbon dioxide in this state.
(b)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 460 (H.B. 1284), Sec. 15, eff. June 9, 2021.
(c)  The railroad commission has jurisdiction over a well used for the purpose provided by Subsection (a) regardless of whether the well was initially completed for that purpose or was initially completed for another purpose and is converted to the purpose provided by Subsection (a).
Added by Acts 2009, 81st Leg., R.S., Ch. 224 (S.B. 1387), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 460 (H.B. 1284), Sec. 8, eff. June 9, 2021.
Acts 2021, 87th Leg., R.S., Ch. 460 (H.B. 1284), Sec. 15, eff. June 9, 2021.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter C. -1. Geologic Storage and Associated Injection of Anthropogenic Carbon Dioxide › Section 27.042. Applicability

Sec. 27.042.  APPLICABILITY.  This subchapter does not apply to the injection of fluid through the use of a Class II injection well as defined by 40 C.F.R. Section 144.6(b) for the primary purpose of enhanced recovery operations.
Added by Acts 2009, 81st Leg., R.S., Ch. 224 (S.B. 1387), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter C. -1. Geologic Storage and Associated Injection of Anthropogenic Carbon Dioxide › Section 27.043. Permit From Railroad Commission

Sec. 27.043.  PERMIT FROM RAILROAD COMMISSION. (a) A person may not begin drilling or operating an anthropogenic carbon dioxide injection well for geologic storage or constructing or operating a geologic storage facility regulated under this subchapter without first obtaining the necessary permits from the railroad commission.
(b)  The railroad commission may not issue a permit under this subchapter for the conversion of a previously plugged and abandoned Class I injection well, including any associated waste plume, to a Class VI injection well.
Added by Acts 2009, 81st Leg., R.S., Ch. 224 (S.B. 1387), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 460 (H.B. 1284), Sec. 9, eff. June 9, 2021.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter C. -1. Geologic Storage and Associated Injection of Anthropogenic Carbon Dioxide › Section 27.044. Information Required of Applicant

Sec. 27.044.  INFORMATION REQUIRED OF APPLICANT.  The railroad commission shall require an applicant to provide any information the railroad commission considers necessary to discharge its duties under this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 224 (S.B. 1387), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter C. -1. Geologic Storage and Associated Injection of Anthropogenic Carbon Dioxide › Section 27.045. Fees

Sec. 27.045.  FEES.  (a)  The railroad commission may impose fees to cover the cost of:
(1)  permitting, monitoring, and inspecting anthropogenic carbon dioxide injection wells for geologic storage and geologic storage facilities; and
(2)  enforcing and implementing this subchapter and rules adopted by the railroad commission under this subchapter.
(b)  Fees collected by the railroad commission under this section shall be deposited to the credit of the anthropogenic carbon dioxide storage trust fund established under Section 121.003, Natural Resources Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 224 (S.B. 1387), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.002(16), eff. September 1, 2011.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter C. -1. Geologic Storage and Associated Injection of Anthropogenic Carbon Dioxide › Section 27.046. Letter of Determination From Railroad Commission

Sec. 27.046.  LETTER OF DETERMINATION FROM RAILROAD COMMISSION.  (a)  The railroad commission may not issue a permit under rules adopted under this subchapter until the railroad commission issues to the applicant for the permit a letter of determination stating that drilling and operating the anthropogenic carbon dioxide injection well for geologic storage or operating the geologic storage facility will not injure any freshwater strata in that area and that the formation or stratum to be used for the geologic storage facility is not freshwater sand.
(b)  To make the determination required by Subsection (a), the railroad commission shall review:
(1)  the area of review and corrective action plans;
(2)  any subsurface monitoring plans required during injection or post injection;
(3)  any postinjection site care plans; and
(4)  any other elements of the application reasonably required in order for the railroad commission to make the determination required by Subsection (a).
(c)  The railroad commission shall adopt rules to implement and administer this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 224 (S.B. 1387), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 2.06, eff. September 1, 2011.
Acts 2021, 87th Leg., R.S., Ch. 460 (H.B. 1284), Sec. 10, eff. June 9, 2021.
2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle D - Water Quality Control › Chapter 27 - Injection Wells › Subchapter C. -1. Geologic Storage and Associated Injection of Anthropogenic Carbon Dioxide › Section 27.0461. Letter of Determination From Commission

Sec. 27.0461.  LETTER OF DETERMINATION FROM COMMISSION.  A person making an application to the railroad commission for a permit under this subchapter shall submit with the application a letter of determination from the commission concluding that drilling and operating an anthropogenic carbon dioxide injection well for geologic storage or constructing or operating a geologic storage facility will not impact or interfere with any previous or existing Class I injection well, including any associated waste plume, or any other injection well authorized or permitted by the commission.
Added by Acts 2021, 87th Leg., R.S., Ch. 460 (H.B. 1284), Sec. 11, eff. June 9, 2021.