bill saying brine minerals belong to the mineral owner

The text as introduced · 485 words

89R9222 ANG-D

By: Hughes
S.B. No. 1763

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 September 1, 2025.