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The Wise Report
Henry M. Wise, P.G.
June 17, 2023
At its open meeting on June 13, 2023, the Railroad Commission proposed amendments to various rules in Chapter 5 relating to Carbon Dioxide. The proposed amendments concern enforcement primacy for the federal Class VI Underground Injection Control program. Comments on the proposal will be accepted until 5:00 pm, Monday, July 31, 2023. For more information on this, or to access the online comment form, please see the Proposed Rules page at:
http://www.rrc.texas.gov/general-counsel/rules/proposed-rules/
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The Texas Legislature 2023 session is over. I’ve reduced the list to those bills that were sent to the Governor for his signature. New information is in bold. * is signed by the Governor.
*HB 2443, by Cody Harris, Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules. 6/10/2023 Signed by the Governor, effective 9/1/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2243
*SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman. 5/24/2023 Signed by the Governor, effective immediately except Section 3 which takes effect 1/1/2024. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.
*SB 786, HB 1777 identical, by Birdwell, Blanco, and Zaffirini, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." 6/2/2023 Signed by the Governor, effective on 9/1/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB786
*SB 1186, by Hughs, Relating to the regulation by the Railroad Commission of Texas of brine mining. 5/27/2023 Signed by the governor, Effective immediately. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1186
SB 1659, by Schwertner, Holland, Keith Bell, Canales, Clardy, and Goldman, HB 1570, Identical, Relating to the sunset review process and certain governmental entities subject to that process. "APPLICATION OF SUNSET ACT. The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025]." 5/26/2023 Sent to the Governor. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1659
*SB 2196, by Hancock, Schwertner, and Eckhardt, HB 4086 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology. 5/23/2023 Signed by the Governor, effective on 9/1/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2196
SB 2379, by Schwertner, Caroline Harris, Relating to the definition of the Edwards Aquifer for the purposes of an aquifer storage and recovery project. 6/16/2023 Vetoed by the Governor. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2379
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The Texas Legislature is back in session for an additional session. I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change. New information is in bold.
HB 11, by Reynolds, Relating to the creation of the Climate Change Impact Assessment Council. 5/30/2023 Filed. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=881&Bill=HB11.
HB 13, by Reynolds, Relating to the establishment of the Texas Environmental Justice Advisory Council. "shall meet at least four times a year and select a presiding officer from its membership. (c) The review board shall advise the council about issues related to environmental justice and the action plans developed under Section 428.0107. Sec. 428.0105. STATE PROGRAM REVIEW. (a) The council shall review each state agency and state program that serves to protect the environment to evaluate the agency's or program's positive". 5/30/2023 Filed. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=881&Bill=HB13.
Henry M. Wise, P.G.
The Wise Report
6/17/2023
The Wise Report
Henry M. Wise, P.G.
June 10, 2023
The Texas Legislature 2023 session is over. I’ve reduced the list to those bills that were sent to the Governor for his signature. New information is in bold. * is signed by the Governor.
HB 2443, by Cody Harris, Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules. 5/25/2023 Sent to the Governor For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2243
*SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman. 5/24/2023 Signed by the Governor, effective immediately except Section 3 which takes effect 1/1/2024. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.
*SB 786, HB 1777 identical, by Birdwell, Blanco, and Zaffirini, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." 6/2/2023 Signed by the Governor, effective on 9/1/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB786
*SB 1186, by Hughs, Relating to the regulation by the Railroad Commission of Texas of brine mining. 5/27/2023 Signed by the governor, Effective immediately. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1186
SB 1659, by Schwertner, Holland, Keith Bell, Canales, Clardy, and Goldman, HB 1570, Identical, Relating to the sunset review process and certain governmental entities subject to that process. "APPLICATION OF SUNSET ACT. The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025]." 5/26/2023 Sent to the Governor. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1659
*SB 2196, by Hancock, Schwertner, and Eckhardt, HB 4086 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology. 5/23/2023 Signed by the Governor, effective on 9/1/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2196
SB 2379, by Schwertner, Caroline Harris, Relating to the definition of the Edwards Aquifer for the purposes of an aquifer storage and recovery project. 5/23/2023 Sent to the Governor. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2379
---------------------------------------------------------------------------------------------------------------------
The Texas Legislature is back in session for an additional session. I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change. New information is in bold.
HB 11, by Reynolds, Relating to the creation of the Climate Change Impact Assessment Council. 5/30/2023 Filed. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=881&Bill=HB11.
HB 13, by Reynolds, Relating to the establishment of the Texas Environmental Justice Advisory Council. "shall meet at least four times a year and select a presiding officer from its membership. (c) The review board shall advise the council about issues related to environmental justice and the action plans developed under Section 428.0107. Sec. 428.0105. STATE PROGRAM REVIEW. (a) The council shall review each state agency and state program that serves to protect the environment to evaluate the agency's or program's positive". 5/30/2023 Filed. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=881&Bill=HB13.
Henry M. Wise, P.G.
The Wise Report
6/10/2023
The Wise Report
Henry M. Wise, P.G.
June 4, 2023
The TCEQ Central File Room Online provides online access for the public to search and download electronic records managed by the Central File Room (CFR.) Downloading available files from the online portal can eliminate the need to submit a Public Information Request (PIR). If the TCEQ Central File Room Online does not have the records available, you can submit a PIR for just the records unavailable in electronic format, which can save you time and money.
Leaking Petroleum Storage Tank (LPST) site files, Petroleum Storage Tank (PST) Release Determination Reports (RDRs), no leaker/system site check letters, Notices of Construction, registration forms, and other documents are available for download when providing a LPST ID Number and/or PST Facility ID. For best searching practices, please see the How to Search TCEQ Records Online guide.
Start HERE — Welcome to the TCEQ Records Online!
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The Texas Legislature 2023 session is over. I’ve reduced the list to those bills that were sent to the Governor for his signature. New information is in bold. * is signed by the Governor.
HB 2443, by Cody Harris, Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules. 5/25/2023 Sent to the Governor For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2243
*SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman. 5/24/2023 Signed by the Governor, effective immediately except Section 3 which takes effect 1/1/2024. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.
*SB 786, HB 1777 identical, by Birdwell, Blanco, and Zaffirini, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." 6/2/2023 Signed by the Governor, effective on 9/1/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB786
*SB 1186, by Hughs, Relating to the regulation by the Railroad Commission of Texas of brine mining. 5/27/2023 Signed by the governor, Effective immediately. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1186
SB 1659, by Schwertner, Holland, Keith Bell, Canales, Clardy, and Goldman, HB 1570, Identical, Relating to the sunset review process and certain governmental entities subject to that process. "APPLICATION OF SUNSET ACT. The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025]." 5/26/2023 Sent to the Governor. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1659
*SB 2196, by Hancock, Schwertner, and Eckhardt, HB 4086 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology. 5/23/2023 Signed by the Governor, effective on 9/1/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2196
SB 2379, by Schwertner, Caroline Harris, Relating to the definition of the Edwards Aquifer for the purposes of an aquifer storage and recovery project. 5/23/2023 Sent to the Governor. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2379
---------------------------------------------------------------------------------------------------------------------
The Texas Legislature is back in session for an additional session. I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change. New information is in bold.
HB 13, by Reynolds, Relating to the establishment of the Texas Environmental Justice Advisory Council. "shall meet at least four times a year and select a presiding officer from its membership. (c) The review board shall advise the council about issues related to environmental justice and the action plans developed under Section 428.0107. Sec. 428.0105. STATE PROGRAM REVIEW. (a) The council shall review each state agency and state program that serves to protect the environment to evaluate the agency's or program's positive". 5/30/2023 Filed. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=881&Bill=HB13.
Henry M. Wise, P.G.
The Wise Report
6/4/2023
The Wise Report
Henry M. Wise, P.G.
May 29, 2023
For those of you who deal with the removal of underground storage tanks, the TCEQ Construction Notification Form can now be submitted to the TCEQ via STEERS under Petroleum Storage Tank (PST) Registrations at: https://www3.tceq.texas.gov/steers/index.cfm
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The Texas Legislature is back in session through May 29, 2023. I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change. New information is in bold. * is sent to or signed by the Governor.
HB 57, by Zwiener, Talarico, and Moody, Relating to climate change planning and reporting. 2/23/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB57.
HB 570, by Raymond, Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. 5/1/2023 Referred to Water, Agriculture & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB570.
HB 583, by Raymond, Companion bill SB-382, identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 4/18/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB583.
HB 952, by Dulton, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks. "The commission shall set each carcinogenic risk level used by the commission in the development of a protective concentration level, risk-based exposure limit, or any other remediation standard used in connection with this chapter or a rule adopted under this chapter, including the Texas Risk Reduction Program (30 T.A.C. Chapter 350) or a similar program established by the commission, at a rate not greater than one in one million." 3/2/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB952.
HB 1093, by Cunningham, Relating to planning and financial responsibility requirements for certain aggregate production operations; providing for the imposition of an administrative penalty. "The responsible party must submit to the commission certification of the restoration plan, within the appropriate area or discipline, issued by a licensed engineer or licensed geoscientist. Components of the restoration plan may be independently certified, as appropriate." 3/2/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1093
HB 1276, by Hinojosa, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. 3/3/2023 Referred to Energy Resources, For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1276.
HB 1318, by Darby and Anderson, Relating to the regulation of brine mining. 4/3/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1318.
HB 1570, by Holland, Keith Bell, Canales, Clardy, and Goldman, SB1659, Identical, Relating to the sunset review process and certain governmental entities subject to that process. "The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025]." 5/8/2023 Considered in Calendars. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1570.
HB 1687, by Murr, Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; authorizing an increase in the amount of a fee. 5/4/2023 No action taken in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1687.
HB 1721, by Raymond, Relating to the regulation of oil and gas waste; imposing a fee. "An applicant shall submit an additional nonrefundable fee of $200 for a permit to drill, deepen, plug back, or reenter a well for which the applicant proposes to use a reserve pit located at the well site to dispose of oil and gas waste, as defined by Section 91.1011, from the well." 3/7/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1721
HB 1777, by Darby, Anchia, Eddi Morales, and Guerra, SB 786 identical, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." 4/10/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1777
HB 1782, by Hinojosa, Relating to a requirement that an applicant for a permit to drill an oil or gas well submit a gas capture plan for the well. 4/24/2023 Committee report sent to Calendars. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB1782
HB 1915, by Zafirini, SB 604, identical, Relating to land services performed by a landman. 5/5/2023 Laid on the table subject to call. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1915.
*HB 2443, by Cody Harris, Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules. 5/25/2023 Sent to the Governor For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2243
HB 2941, by Zwiener, Relating to the authority of the Railroad Commission of Texas to require water pollution abatement plans for certain pipelines; creating a criminal offense; providing for the imposition of a civil penalty. 5/11/2023 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB2941
HB 3707, by Patterson, Buckley, and Rogers, SB 624, Identical, Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees. "This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302. Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission." 3/20/2023 Referred to State Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3707
HB 3746, by Goldman, Relating to the repeal of registration and other regulatory provisions applicable to code enforcement officers and sanitarians. Makes exceptions for geoscientific work performed by non geologists. 3/29/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3746
HB 3839, by Goodwin and Walle, Relating to financial security requirements for operators of oil and gas wells. 3/20/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3839
HB 3840, by Goodwin and Walle, Relating to the extension of the deadline for plugging certain inactive wells under the jurisdiction of the Railroad Commission of Texas. 3/20/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3840
*HB 4047, by Guillen and Lambert, Relating to a study on uranium deposits in this state. The TCEQ shall conduct a study on the uranium deposits in this state and how utilizing those deposits could lessen the United States' reliance on foreign sources of uranium. The Report shall be submitted o the governor, lieutenant governor, and speaker of the house of representatives by December 1, 2024. 5/25/2023 Sent to the Governor. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4047
HB 4086, by Kuempel, SB 2196 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology. 4/20/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4086
HB 4119, by Guillen, Relating to procedural requirements for uranium mining production area authorizations. 5/21/2023 Placed on intent calendar. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4119
HB 4120, by Guillen, Relating to the inspection of the location of a proposed Class I injection well. "For a proposed Class I injection well, the executive director may satisfy the requirements of Subsection (a) by accepting an inspection report prepared by an engineer or geoscientist licensed in this state." 5/16/20203 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4120
HB 4225, by Zwiener, Darby, and Eddie Morales, Relating to a study conducted by the Railroad Commission of Texas to determine the net reduction in the amount of carbon dioxide in the atmosphere resulting from the use of carbon capture, utilization, and storage technology. 4/3/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4225
HB 4532, by Kacal, Lalani, and Price, SB 2397, Identical, and SB 2540, Identical, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 5/2/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4532
HB 5279, by Wilson, Relating to a prohibition on interbasin transfers of state water. 3/24/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB5279
HJR 119, by Goodwin, Proposing a constitutional amendment guaranteeing the right to a clean and healthy environment. “(a) The public, individually and collectively, has the right to a clean and healthy environment, including clean water, clean air, healthy soil, and diverse and abundant native flora and fauna, and to the preservation of the natural, cultural,scenic, recreational, and healthful qualities of the environment. The right to a clean and healthy environment is inherent, inalienable, indefeasible, and equal with other protected inalienable rights of liberty reserved to the public. The state shall equitably protect this right for the public and may not take any action to infringe on this right.
“ (b) The public natural resources of this state are the common property of all persons, including future generations. The state, including the legislative, judicial, and executive branches and each state agency and political subdivision, shall conserve, protect, and maintain the state's public natural resources for the benefit of the public, including future generations." 3/13/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR119
HJR 142, by Talarico, Proposing a constitutional amendment guaranteeing the right to a clean, healthy, and sustainable environment. "(a) The public, individually and collectively, has the right to a clean, healthy, and sustainable environment , including access to clean air, clean water, and an environment generally favorable to each person's well-being.
(b) The legislature shall enact laws to combat climate change and improve this state's resilience to climate change by systematically reducing greenhouse gas emissions." 3/15/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR142
SB 257, by Eckhardt, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. Prohibits routine methane flaring, operators must adhere to the USEPA's new source performance standards for methane emissions, implement quarterly inspections, etc. 2/15/2023 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB257.
SB 382, by Zafirini, Companion Bill HB 583, Identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 2/15/2023 Referret to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB382.
SB 519, by Zaffirini, Relating to the issuance of a permit for a municipal solid waste landfill facility located in a special flood hazard area. 2/17/2023 Referrecd to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB519.
*SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman. 5/24/2023 Signed by the Governor, effective immediately except Section 3 which takes effect 1/1/2024.. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.
SB 624, by Kolkhorst, Hughes, and Middleton, HB 3707, Identical, Relating Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees. "This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302.
"Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission." 5/8/2023 Referred to State Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB624.
*SB 786, HB 1777 identical, by Birdwell, Blanco, and Zaffirini, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." 5/19/2023 Sent to the Governor. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB786
SB 788, by Eckhardt, Alvarado, Gutierrez, LaMantia, and Miles, Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality. 3/1/2023 Referred to Natural Resourcew & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB788
*SB 1186, by Hughs, Relating to the regulation by the Railroad Commission of Texas of brine mining. 5/27/2023 Signed by the governor, Effective immediately. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1186
SB 1659, by Schwertner, Holland, Keith Bell, Canales, Clardy, and Goldman, HB 1570, Identical, Relating to the sunset review process and certain governmental entities subject to that process. "APPLICATION OF SUNSET ACT. The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025]." 5/26/2023 Signed in the House. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1659
*SB 2196, by Hancock, Schwertner, and Eckhardt, HB 4086 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology. 5/23/2023 Signed by the Governor, effective on 9/1/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2196
SB 2213, by Blanco, Relating to establishing and funding a grant program to plug leaking water wells in certain counties. 3/22/2023 Referred to Finance. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2213
SB 2291, by Zaffirini, Relating to the plugging of abandoned or deteriorated water wells; authorizing a fee. 3/22/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2291
*SB 2379, by Schwertner, Caroline Harris, Relating to the definition of the Edwards Aquifer for the purposes of an aquifer storage and recovery project. 5/23/2023 Sent to the Governor. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2379
SB 2397, by Zaffirini and Blanco, HB 4532, Identical, and SB 2540, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 3/23/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2397
SB 2540, by Blanco, HB 4532, Identical, and SB 2397, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 3/23/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2540
Henry M. Wise, P.G.
The Wise Report
5/29/2023
The Wise Report
Henry M. Wise, P.G.
May 20, 2023
For those of you who deal with the removal of underground storage tanks, the TCEQ Construction Notification Form can now be submitted to the TCEQ via STEERS under Petroleum Storage Tank (PST) Registrations at: https://www3.tceq.texas.gov/steers/index.cfm
---------------------------------------------------------------------------------------------------------------------
The Texas Legislature is back in session through May 29, 2023. I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change. New information is in bold. * is sent to the Governor.
HB 57, by Zwiener, Talarico, and Moody, Relating to climate change planning and reporting. 2/23/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB57.
HB 570, by Raymond, Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. 5/1/2023 Referred to Water, Agriculture & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB570.
HB 583, by Raymond, Companion bill SB-382, identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 4/18/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB583.
HB 952, by Dulton, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks. "The commission shall set each carcinogenic risk level used by the commission in the development of a protective concentration level, risk-based exposure limit, or any other remediation standard used in connection with this chapter or a rule adopted under this chapter, including the Texas Risk Reduction Program (30 T.A.C. Chapter 350) or a similar program established by the commission, at a rate not greater than one in one million." 3/2/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB952.
HB 1093, by Cunningham, Relating to planning and financial responsibility requirements for certain aggregate production operations; providing for the imposition of an administrative penalty. "The responsible party must submit to the commission certification of the restoration plan, within the appropriate area or discipline, issued by a licensed engineer or licensed geoscientist. Components of the restoration plan may be independently certified, as appropriate." 3/2/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1093
HB 1276, by Hinojosa, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. 3/3/2023 Referred to Energy Resources, For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1276.
HB 1318, by Darby and Anderson, Relating to the regulation of brine mining. 4/3/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1318.
HB 1570, by Holland, Keith Bell, Canales, Clardy, and Goldman, SB1659, Identical, Relating to the sunset review process and certain governmental entities subject to that process. "The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025]." 5/8/2023 Considered in Calendars. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1570.
HB 1687, by Murr, Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; authorizing an increase in the amount of a fee. 5/4/2023 No action taken in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1687.
HB 1721, by Raymond, Relating to the regulation of oil and gas waste; imposing a fee. "An applicant shall submit an additional nonrefundable fee of $200 for a permit to drill, deepen, plug back, or reenter a well for which the applicant proposes to use a reserve pit located at the well site to dispose of oil and gas waste, as defined by Section 91.1011, from the well." 3/7/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1721
HB 1777, by Darby, Anchia, Eddi Morales, and Guerra, SB 786 identical, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." 4/10/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1777
HB 1782, by Hinojosa, Relating to a requirement that an applicant for a permit to drill an oil or gas well submit a gas capture plan for the well. 4/24/2023 Committee report sent to Calendars. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB1782
HB 1915, by Zafirini, SB 604, identical, Relating to land services performed by a landman. 5/5/2023 Laid on the table subject to call. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1915.
HB 2443, by Cody Harris, Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules. 5/12/2023 Recommended for local & uncontested calendar For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2243
HB 2941, by Zwiener, Relating to the authority of the Railroad Commission of Texas to require water pollution abatement plans for certain pipelines; creating a criminal offense; providing for the imposition of a civil penalty. 5/11/2023 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB2941
HB 3707, by Patterson, Buckley, and Rogers, SB 624, Identical, Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees. "This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302. Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission." 3/20/2023 Referred to State Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3707
HB 3746, by Goldman, Relating to the repeal of registration and other regulatory provisions applicable to code enforcement officers and sanitarians. Makes exceptions for geoscientific work performed by non geologists. 3/29/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3746
HB 3839, by Goodwin and Walle, Relating to financial security requirements for operators of oil and gas wells. 3/20/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3839
HB 3840, by Goodwin and Walle, Relating to the extension of the deadline for plugging certain inactive wells under the jurisdiction of the Railroad Commission of Texas. 3/20/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3840
HB 4047, by Guillen and Lambert, Relating to a study on uranium deposits in this state. The TCEQ shall conduct a study on the uranium deposits in this state and how utilizing those deposits could lessen the United States' reliance on foreign sources of uranium. The Report shall be submitted o the governor, lieutenant governor, and speaker of the house of representatives by December 1, 2024. 5/18/2023 Vote taken in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4047
HB 4086, by Kuempel, SB 2196 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology. 4/20/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4086
HB 4119, by Guillen, Relating to procedural requirements for uranium mining production area authorizations. 5/21/2023 Placed on intent calendar. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4119
HB 4120, by Guillen, Relating to the inspection of the location of a proposed Class I injection well. "For a proposed Class I injection well, the executive director may satisfy the requirements of Subsection (a) by accepting an inspection report prepared by an engineer or geoscientist licensed in this state." 5/16/20203 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4120
HB 4225, by Zwiener, Darby, and Eddie Morales, Relating to a study conducted by the Railroad Commission of Texas to determine the net reduction in the amount of carbon dioxide in the atmosphere resulting from the use of carbon capture, utilization, and storage technology. 4/3/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4225
HB 4532, by Kacal, Lalani, and Price, SB 2397, Identical, and SB 2540, Identical, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 5/2/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4532
HB 5279, by Wilson, Relating to a prohibition on interbasin transfers of state water. 3/24/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB5279
HJR 119, by Goodwin, Proposing a constitutional amendment guaranteeing the right to a clean and healthy environment. “(a) The public, individually and collectively, has the right to a clean and healthy environment, including clean water, clean air, healthy soil, and diverse and abundant native flora and fauna, and to the preservation of the natural, cultural,scenic, recreational, and healthful qualities of the environment. The right to a clean and healthy environment is inherent, inalienable, indefeasible, and equal with other protected inalienable rights of liberty reserved to the public. The state shall equitably protect this right for the public and may not take any action to infringe on this right.
“ (b) The public natural resources of this state are the common property of all persons, including future generations. The state, including the legislative, judicial, and executive branches and each state agency and political subdivision, shall conserve, protect, and maintain the state's public natural resources for the benefit of the public, including future generations." 3/13/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR119
HJR 142, by Talarico, Proposing a constitutional amendment guaranteeing the right to a clean, healthy, and sustainable environment. "(a) The public, individually and collectively, has the right to a clean, healthy, and sustainable environment , including access to clean air, clean water, and an environment generally favorable to each person's well-being.
(b) The legislature shall enact laws to combat climate change and improve this state's resilience to climate change by systematically reducing greenhouse gas emissions." 3/15/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR142
SB 257, by Eckhardt, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. Prohibits routine methane flaring, operators must adhere to the USEPA's new source performance standards for methane emissions, implement quarterly inspections, etc. 2/15/2023 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB257.
SB 382, by Zafirini, Companion Bill HB 583, Identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 2/15/2023 Referret to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB382.
SB 519, by Zaffirini, Relating to the issuance of a permit for a municipal solid waste landfill facility located in a special flood hazard area. 2/17/2023 Referrecd to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB519.
*SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman. 5/12/2023 Sent to the Governor. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.
SB 624, by Kolkhorst, Hughes, and Middleton, HB 3707, Identical, Relating Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees. "This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302.
"Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission." 5/8/2023 Referred to State Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB624.
*SB 786, HB 1777 identical, by Birdwell, Blanco, and Zaffirini, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." 5/19/2023 Sent to the Governor. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB786
SB 788, by Eckhardt, Alvarado, Gutierrez, LaMantia, and Miles, Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality. 3/1/2023 Referred to Natural Resourcew & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB788
*SB 1186, by Hughs, Relating to the regulation by the Railroad Commission of Texas of brine mining. 5/16/2023 Sent to the Governor. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1186
*SB 1659, by Schwertner, Holland, Keith Bell, Canales, Clardy, and Goldman, HB 1570, Identical, Relating to the sunset review process and certain governmental entities subject to that process. "APPLICATION OF SUNSET ACT. The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025]." 5/17/2023 House passage as amended reported. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1659
*SB 2196, by Hancock, Schwertner, and Eckhardt, HB 4086 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology. 5/11/2023 Sent to the Governor. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2196
SB 2213, by Blanco, Relating to establishing and funding a grant program to plug leaking water wells in certain counties. 3/22/2023 Referred to Finance. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2213
SB 2291, by Zaffirini, Relating to the plugging of abandoned or deteriorated water wells; authorizing a fee. 3/22/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2291
SB 2379, by Schwertner, Caroline Harris, Relating to the definition of the Edwards Aquifer for the purposes of an aquifer storage and recovery project. 5/11/2023 Reported favorably wthout amendment(s). For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2379
SB 2397, by Zaffirini and Blanco, HB 4532, Identical, and SB 2540, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 3/23/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2397
SB 2540, by Blanco, HB 4532, Identical, and SB 2397, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 3/23/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2540
Henry M. Wise, P.G.
The Wise Report
5/20/2023
The Wise Report
Henry M. Wise, P.G.
May 13, 2023
The Texas Legislature is back in session through May 29, 2023. I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change. New information is in bold. * is sent to the Governor.
HB 57, by Zwiener, Talarico, and Moody, Relating to climate change planning and reporting. 2/23/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB57.
HB 570, by Raymond, Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. 5/1/2023 Referred to Water, Agriculture & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB570.
HB 583, by Raymond, Companion bill SB-382, identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 4/18/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB583.
HB 952, by Dulton, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks. "The commission shall set each carcinogenic risk level used by the commission in the development of a protective concentration level, risk-based exposure limit, or any other remediation standard used in connection with this chapter or a rule adopted under this chapter, including the Texas Risk Reduction Program (30 T.A.C. Chapter 350) or a similar program established by the commission, at a rate not greater than one in one million." 3/2/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB952.
HB 1093, by Cunningham, Relating to planning and financial responsibility requirements for certain aggregate production operations; providing for the imposition of an administrative penalty. "The responsible party must submit to the commission certification of the restoration plan, within the appropriate area or discipline, issued by a licensed engineer or licensed geoscientist. Components of the restoration plan may be independently certified, as appropriate." 3/2/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1093
HB 1276, by Hinojosa, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. 3/3/2023 Referred to Energy Resources, For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1276.
HB 1318, by Darby and Anderson, Relating to the regulation of brine mining. 4/3/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1318.
HB 1570, by Holland, Keith Bell, Canales, Clardy, and Goldman, SB1659, Identical, Relating to the sunset review process and certain governmental entities subject to that process. "The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025]." 5/8/2023 Considered in Calendars. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1570.
HB 1687, by Murr, Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; authorizing an increase in the amount of a fee. 5/4/2023 No action taken in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1687.
HB 1721, by Raymond, Relating to the regulation of oil and gas waste; imposing a fee. "An applicant shall submit an additional nonrefundable fee of $200 for a permit to drill, deepen, plug back, or reenter a well for which the applicant proposes to use a reserve pit located at the well site to dispose of oil and gas waste, as defined by Section 91.1011, from the well." 3/7/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1721
HB 1777, by Darby, Anchia, Eddi Morales, and Guerra, SB 786 identical, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." 4/10/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1777
HB 1782, by Hinojosa, Relating to a requirement that an applicant for a permit to drill an oil or gas well submit a gas capture plan for the well. 4/24/2023 Committee report sent to Calendars. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB1782
HB 1915, by Zafirini, SB 604, identical, Relating to land services performed by a landman. 5/5/2023 Laid on the table subject to call. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1915.
HB 2443, by Cody Harris, Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules. 5/5/2023 Reported Engrossed. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2243
HB 2941, by Zwiener, Relating to the authority of the Railroad Commission of Texas to require water pollution abatement plans for certain pipelines; creating a criminal offense; providing for the imposition of a civil penalty. 5/11/2023 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB2941
HB 3707, by Patterson, Buckley, and Rogers, SB 624, Identical, Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees. "This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302. Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission." 3/20/2023 Referred to State Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3707
HB 3746, by Goldman, Relating to the repeal of registration and other regulatory provisions applicable to code enforcement officers and sanitarians. Makes exceptions for geoscientific work performed by non geologists. 3/29/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3746
HB 3839, by Goodwin and Walle, Relating to financial security requirements for operators of oil and gas wells. 3/20/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3839
HB 3840, by Goodwin and Walle, Relating to the extension of the deadline for plugging certain inactive wells under the jurisdiction of the Railroad Commission of Texas. 3/20/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3840
HB 4047, by Guillen and Lambert, Relating to a study on uranium deposits in this state. The TCEQ shall conduct a study on the uranium deposits in this state and how utilizing those deposits could lessen the United States' reliance on foreign sources of uranium. The Report shall be submitted o the governor, lieutenant governor, and speaker of the house of representatives by December 1, 2024. 5/5/2023 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4047
HB 4086, by Kuempel, SB 2196 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology. 4/20/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4086
HB 4119, by Guillen, Relating to procedural requirements for uranium mining production area authorizations. 5/10/2023 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4119
HB 4120, by Guillen, Relating to the inspection of the location of a proposed Class I injection well. "For a proposed Class I injection well, the executive director may satisfy the requirements of Subsection (a) by accepting an inspection report prepared by an engineer or geoscientist licensed in this state." 5/12/2023 Reported engrossed. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4120
HB 4225, by Zwiener, Darby, and Eddie Morales, Relating to a study conducted by the Railroad Commission of Texas to determine the net reduction in the amount of carbon dioxide in the atmosphere resulting from the use of carbon capture, utilization, and storage technology. 4/3/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4225
HB 4532, by Kacal, Lalani, and Price, SB 2397, Identical, and SB 2540, Identical, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 5/2/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4532
HB 5279, by Wilson, Relating to a prohibition on interbasin transfers of state water. 3/24/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB5279
HJR 119, by Goodwin, Proposing a constitutional amendment guaranteeing the right to a clean and healthy environment. “(a) The public, individually and collectively, has the right to a clean and healthy environment, including clean water, clean air, healthy soil, and diverse and abundant native flora and fauna, and to the preservation of the natural, cultural,scenic, recreational, and healthful qualities of the environment. The right to a clean and healthy environment is inherent, inalienable, indefeasible, and equal with other protected inalienable rights of liberty reserved to the public. The state shall equitably protect this right for the public and may not take any action to infringe on this right.
“ (b) The public natural resources of this state are the common property of all persons, including future generations. The state, including the legislative, judicial, and executive branches and each state agency and political subdivision, shall conserve, protect, and maintain the state's public natural resources for the benefit of the public, including future generations." 3/13/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR119
HJR 142, by Talarico, Proposing a constitutional amendment guaranteeing the right to a clean, healthy, and sustainable environment. "(a) The public, individually and collectively, has the right to a clean, healthy, and sustainable environment , including access to clean air, clean water, and an environment generally favorable to each person's well-being.
(b) The legislature shall enact laws to combat climate change and improve this state's resilience to climate change by systematically reducing greenhouse gas emissions." 3/15/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR142
SB 257, by Eckhardt, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. Prohibits routine methane flaring, operators must adhere to the USEPA's new source performance standards for methane emissions, implement quarterly inspections, etc. 2/15/2023 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB257.
SB 382, by Zafirini, Companion Bill HB 583, Identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 2/15/2023 Referret to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB382.
SB 519, by Zaffirini, Relating to the issuance of a permit for a municipal solid waste landfill facility located in a special flood hazard area. 2/17/2023 Referrecd to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB519.
*SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman. 5/12/2023 Sent to the Governor. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.
SB 624, by Kolkhorst, Hughes, and Middleton, HB 3707, Identical, Relating Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees. "This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302.
"Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission." 5/8/2023 Referred to State Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB624.
SB 786, HB 1777 identical, by Birdwell, Blanco, and Zaffirini, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." 5/15/2023 Placed on General Calendar. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB786
SB 788, by Eckhardt, Alvarado, Gutierrez, LaMantia, and Miles, Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality. 3/1/2023 Referred to Natural Resourcew & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB788
SB 1186, by Hughs, Relating to the regulation by the Railroad Commission of Texas of brine mining. 5/12/2023 Passed. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1186
SB 1659, by Schwertner, HB 1570, Identical, Relating to the sunset review process and certain governmental entities subject to that process. "APPLICATION OF SUNSET ACT. The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025]." 5/16/2023 Placed on Major State Calendar. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1659
*SB 2196, by Hancock, Schwertner, and Eckhardt, HB 4086 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology. 5/11/2023 Sent to the Governor. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2196
SB 2213, by Blanco, Relating to establishing and funding a grant program to plug leaking water wells in certain counties. 3/22/2023 Referred to Finance. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2213
SB 2291, by Zaffirini, Relating to the plugging of abandoned or deteriorated water wells; authorizing a fee. 3/22/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2291
SB 2379, by Schwertner, Relating to the definition of the Edwards Aquifer for the purposes of an aquifer storage and recovery project. 5/11/2023 Reported favorably wthout amendment(s). For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2379
SB 2397, by Zaffirini and Blanco, HB 4532, Identical, and SB 2540, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 3/23/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2397
SB 2540, by Blanco, HB 4532, Identical, and SB 2397, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 3/23/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2540
Henry M. Wise, P.G.
The Wise Report
5/13/2023
The Wise Report
Henry M. Wise, P.G.
May 6, 2023
The Texas Legislature is back in session through May 29, 2023. I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change. New information is in bold.
HB 57, by Zwiener, Relating to climate change planning and reporting. 2/23/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB57.
HB 570, by Raymond, Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. 5/1/2023 Referred to Water, Agriculture & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB570.
HB 583, by Raymond, Companion bill SB-382, identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 4/18/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB583.
HB 952, by Dulton, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks. "The commission shall set each carcinogenic risk level used by the commission in the development of a protective concentration level, risk-based exposure limit, or any other remediation standard used in connection with this chapter or a rule adopted under this chapter, including the Texas Risk Reduction Program (30 T.A.C. Chapter 350) or a similar program established by the commission, at a rate not greater than one in one million." 3/2/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB952.
HB 1093, by Cunningham, Relating to planning and financial responsibility requirements for certain aggregate production operations; providing for the imposition of an administrative penalty. "The responsible party must submit to the commission certification of the restoration plan, within the appropriate area or discipline, issued by a licensed engineer or licensed geoscientist. Components of the restoration plan may be independently certified, as appropriate." 3/2/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1093
HB 1276, by Hinojosa, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. 3/3/2023 Referred to Energy Resources, For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1276.
HB 1318, by Darby and Anderson, Relating to the regulation of brine mining. 4/3/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1318.
HB 1570, by Holland, SB1659, Identical, Relating to the sunset review process and certain governmental entities subject to that process. "The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025]." 4/11/2023 Committee report sent to Calendars. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1570.
HB 1687, by Murr, Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; authorizing an increase in the amount of a fee. Scheduled for public hearing on 5/4/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1687.
HB 1721, by Raymond, Relating to the regulation of oil and gas waste; imposing a fee. "An applicant shall submit an additional nonrefundable fee of $200 for a permit to drill, deepen, plug back, or reenter a well for which the applicant proposes to use a reserve pit located at the well site to dispose of oil and gas waste, as defined by Section 91.1011, from the well." 3/7/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1721
HB 1777, by Darby, Anchia, Eddi Morales, and Guerra, SB 786 identical, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." 4/10/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1777
HB 1782, by Hinojosa, Relating to a requirement that an applicant for a permit to drill an oil or gas well submit a gas capture plan for the well. 4/24/2023 Committee report sent to Calendars. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB1782
HB 1915, by Zafirini, SB 604, identical, Relating to land services performed by a landman. 5/5/2023 Laid on the table subject to call. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1915.
HB 2443, by Cody Harris, Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules. 5/5/2023 Reported Engrossed. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2243
HB 2941, by Zwiener, Relating to the authority of the Railroad Commission of Texas to require water pollution abatement plans for certain pipelines; creating a criminal offense; providing for the imposition of a civil penalty. 5/8/2023 Placed on General State Calendar. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB2941
HB 3707, by Patterson, Buckley, and Rogers, SB 624, Identical, Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees. "This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302. Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission." 3/20/2023 Referred to State Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3707
HB 3746, by Goldman, Relating to the repeal of registration and other regulatory provisions applicable to code enforcement officers and sanitarians. Makes exceptions for geoscientific work performed by non geologists. 3/29/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3746
HB 3839, by Goodwin and Walle, Relating to financial security requirements for operators of oil and gas wells. 3/20/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3839
HB 3840, by Goodwin and Walle, Relating to the extension of the deadline for plugging certain inactive wells under the jurisdiction of the Railroad Commission of Texas. 3/20/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3840
HB 4047, by Guillen and Lambert, Relating to a study on uranium deposits in this state. The TCEQ shall conduct a study on the uranium deposits in this state and how utilizing those deposits could lessen the United States' reliance on foreign sources of uranium. The Report shall be submitted o the governor, lieutenant governor, and speaker of the house of representatives by December 1, 2024. 5/5/2023 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4047
HB 4086, by Kuempel, SB 2196 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology. 4/20/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4086
HB 4119, by Guillen, Relating to procedural requirements for uranium mining production area authorizations. 5/3/2023 Senate received from the house. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4119
HB 4120, by Guillen, Relating to the inspection of the location of a proposed Class I injection well. "For a proposed Class I injection well, the executive director may satisfy the requirements of Subsection (a) by accepting an inspection report prepared by an engineer or geoscientist licensed in this state." 4/25/2023 Committee report sent to calendars. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4120
HB 4225, by Zwiener, Darby, and Eddie Morales, Relating to a study conducted by the Railroad Commission of Texas to determine the net reduction in the amount of carbon dioxide in the atmosphere resulting from the use of carbon capture, utilization, and storage technology. 4/3/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4225
HB 4532, by Kacal, Lalani, and Price, SB 2397, Identical, and SB 2540, Identical, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 5/2/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4532
HB 5279, by Wilson, Relating to a prohibition on interbasin transfers of state water. 3/24/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB5279
HJR 119, by Goodwin, Proposing a constitutional amendment guaranteeing the right to a clean and healthy environment. “(a) The public, individually and collectively, has the right to a clean and healthy environment, including clean water, clean air, healthy soil, and diverse and abundant native flora and fauna, and to the preservation of the natural, cultural,scenic, recreational, and healthful qualities of the environment. The right to a clean and healthy environment is inherent, inalienable, indefeasible, and equal with other protected inalienable rights of liberty reserved to the public. The state shall equitably protect this right for the public and may not take any action to infringe on this right.
“ (b) The public natural resources of this state are the common property of all persons, including future generations. The state, including the legislative, judicial, and executive branches and each state agency and political subdivision, shall conserve, protect, and maintain the state's public natural resources for the benefit of the public, including future generations." 3/13/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR119
HJR 142, by Talarico, Proposing a constitutional amendment guaranteeing the right to a clean, healthy, and sustainable environment. "(a) The public, individually and collectively, has the right to a clean, healthy, and sustainable environment , including access to clean air, clean water, and an environment generally favorable to each person's well-being.
(b) The legislature shall enact laws to combat climate change and improve this state's resilience to climate change by systematically reducing greenhouse gas emissions." 3/15/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR142
SB 257, by Eckhardt, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. Prohibits routine methane flaring, operators must adhere to the USEPA's new source performance standards for methane emissions, implement quarterly inspections, etc. 2/15/2023 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB257.
SB 382, by Zafirini, Companion Bill HB 583, Identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 2/15/2023 Referret to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB382.
SB 519, by Zaffirini, Relating to the issuance of a permit for a municipal solid waste landfill facility located in a special flood hazard area. 2/17/2023 Referrecd to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB519.
SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman. 4/14/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.
SB 624, by Kolkhorst, Hughes, and Middleton, HB 3707, Identical, Relating Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees. "This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302.
"Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission." 4/25/2023 House Received from the Senate. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB624.
SB 786, HB 1777 identical, by Birdwell, Blanco, and Zaffirini, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." 4/18/2023 Reported favorably without amendments. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB786
SB 788, by Eckhardt, Alvarado, Gutierrez, LaMantia, and Miles, Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality. 3/1/2023 Referred to Natural Resourcew & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB788
SB 1186, by Hughs, Relating to the regulation by the Railroad Commission of Texas of brine mining. 5/2/2023 Reported favorably without amendment(s). For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1186
SB 1659, by Schwertner, HB 1570, Identical, Relating to the sunset review process and certain governmental entities subject to that process. "APPLICATION OF SUNSET ACT. The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025]." 5/4/2023 Committee report sent to Calendars. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1659
SB 2196, by Hancock, Schwertner, and Eckhardt, HB 4086 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology. 5/9/2023 Placed on Local, Consent, and Reserve Calendar. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2196
SB 2213, by Blanco, Relating to establishing and funding a grant program to plug leaking water wells in certain counties. 3/22/2023 Referred to Finance. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2213
SB 2291, by Zaffirini, Relating to the plugging of abandoned or deteriorated water wells; authorizing a fee. 3/22/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2291
SB 2379, by Schwertner, Relating to the definition of the Edwards Aquifer for the purposes of an aquifer storage and recovery project. Scheduled for public hearing on 5/9/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2379
SB 2397, by Zaffirini and Blanco, HB 4532, Identical, and SB 2540, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 3/23/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2397
SB 2540, by Blanco, HB 4532, Identical, and SB 2397, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 3/23/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2540
Henry M. Wise, P.G.
The Wise Report
5/6/2023
·
The Wise Report
Henry M. Wise, P.G.
April 30, 2023
The Texas Legislature is back in session through May 29, 2023. I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change. New information is in bold.
HB 57, by Zwiener, Relating to climate change planning and reporting. 2/23/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB57.
HB 570, by Raymond, Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. 4/28/2023 Reported engrossed. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB570.
HB 583, by Raymond, Companion bill SB-382, identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 4/18/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB583.
HB 952, by Dulton, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks. "The commission shall set each carcinogenic risk level used by the commission in the development of a protective concentration level, risk-based exposure limit, or any other remediation standard used in connection with this chapter or a rule adopted under this chapter, including the Texas Risk Reduction Program (30 T.A.C. Chapter 350) or a similar program established by the commission, at a rate not greater than one in one million." 3/2/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB952.
HB 1093, by Cunningham, Relating to planning and financial responsibility requirements for certain aggregate production operations; providing for the imposition of an administrative penalty. "The responsible party must submit to the commission certification of the restoration plan, within the appropriate area or discipline, issued by a licensed engineer or licensed geoscientist. Components of the restoration plan may be independently certified, as appropriate." 3/2/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1093
HB 1276, by Hinojosa, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. 3/3/2023 Referred to Energy Resources, For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1276.
HB 1318, by Darby, Relating to the regulation of brine mining. 4/3/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1318.
HB 1570, by Holland, SB1659, Identical, Relating to the sunset review process and certain governmental entities subject to that process. "The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025]." 4/11/2023 Committee report sent to Calendars. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1570.
HB 1687, by Murr, Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; authorizing an increase in the amount of a fee. Scheduled for public hearing on 5/4/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1687.
HB 1721, by Raymond, Relating to the regulation of oil and gas waste; imposing a fee. "An applicant shall submit an additional nonrefundable fee of $200 for a permit to drill, deepen, plug back, or reenter a well for which the applicant proposes to use a reserve pit located at the well site to dispose of oil and gas waste, as defined by Section 91.1011, from the well." 3/7/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1721
HB 1777, by Darby, SB 786 identical, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." 4/10/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1777
HB 1782, by Hinojosa, Relating to a requirement that an applicant for a permit to drill an oil or gas well submit a gas capture plan for the well. 4/24/2023 Committee report sent to Calendars. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB1782
HB 1915, by Zafirini, SB 604, identical, Relating to land services performed by a landman. 4/24/2023 Committee report sent to Calendars. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1915.
HB 2443, by Cody Harris, Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules. 4/4/2023 Committee report sent to calendars. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2243
HB 2941, by Zwiener, Relating to the authority of the Railroad Commission of Texas to require water pollution abatement plans for certain pipelines; creating a criminal offense; providing for the imposition of a civil penalty. 4/11/2023 Committee report sent to Calendars. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB2941
HB 3707, by Patterson, SB 624, Identical, Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees. "This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302. Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission." 3/20/2023 Referred to State Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3707
HB 3746, by Goldman, Relating to the repeal of registration and other regulatory provisions applicable to code enforcement officers and sanitarians. Makes exceptions for geoscientific work performed by non geologists. 3/29/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3746
HB 3839, by Goodwin, Relating to financial security requirements for operators of oil and gas wells. 3/20/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3839
HB 3840, by Goodwin, Relating to the extension of the deadline for plugging certain inactive wells under the jurisdiction of the Railroad Commission of Texas. 3/20/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3840
HB 4047, by Guillen, Relating to a study on uranium deposits in this state. The TCEQ shall conduct a study on the uranium deposits in this state and how utilizing those deposits could lessen the United States' reliance on foreign sources of uranium. The Report shall be submitted o the governor, lieutenant governor, and speaker of the house of representatives by December 1, 2024. 5/2/2023 Placedon Local, Consent, and Res. Calendar. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4047
HB 4086, by Kuempel, SB 2196 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology. 4/20/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4086
HB 4119, by Guillen, Relating to procedural requirements for uranium mining production area authorizations. 5/2/2023 Placedon Local, Consent, and Res. Calendar. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4119
HB 4120, by Guillen, Relating to the inspection of the location of a proposed Class I injection well. "For a proposed Class I injection well, the executive director may satisfy the requirements of Subsection (a) by accepting an inspection report prepared by an engineer or geoscientist licensed in this state." 4/25/2023 Committee report sent to calendars. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4120
HB 4225, by Zweiner, Relating to a study conducted by the Railroad Commission of Texas to determine the net reduction in the amount of carbon dioxide in the atmosphere resulting from the use of carbon capture, utilization, and storage technology. 4/3/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4225
HB 4532, by Kacal, Lalani, and Price, SB 2397, Identical, and SB 2540, Identical, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 4/28/2023 Reported engrossed. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4532
HB 5279, by Wilson, Relating to a prohibition on interbasin transfers of state water. 3/24/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB5279
HJR 119, by Goodwin, Proposing a constitutional amendment guaranteeing the right to a clean and healthy environment. “(a) The public, individually and collectively, has the right to a clean and healthy environment, including clean water, clean air, healthy soil, and diverse and abundant native flora and fauna, and to the preservation of the natural, cultural,scenic, recreational, and healthful qualities of the environment. The right to a clean and healthy environment is inherent, inalienable, indefeasible, and equal with other protected inalienable rights of liberty reserved to the public. The state shall equitably protect this right for the public and may not take any action to infringe on this right.
“ (b) The public natural resources of this state are the common property of all persons, including future generations. The state, including the legislative, judicial, and executive branches and each state agency and political subdivision, shall conserve, protect, and maintain the state's public natural resources for the benefit of the public, including future generations." 3/13/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR119
HJR 142, by Talarico, Proposing a constitutional amendment guaranteeing the right to a clean, healthy, and sustainable environment. "(a) The public, individually and collectively, has the right to a clean, healthy, and sustainable environment , including access to clean air, clean water, and an environment generally favorable to each person's well-being.
(b) The legislature shall enact laws to combat climate change and improve this state's resilience to climate change by systematically reducing greenhouse gas emissions." 3/15/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR142
SB 257, by Eckhardt, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. Prohibits routine methane flaring, operators must adhere to the USEPA's new source performance standards for methane emissions, implement quarterly inspections, etc. 2/15/2023 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB257.
SB 382, by Zafirini, Companion Bill HB 583, Identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 2/15/2023 Referret to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB382.
SB 519, by Zaffirini, Relating to the issuance of a permit for a municipal solid waste landfill facility located in a special flood hazard area. 2/17/2023 Referrecd to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB519.
SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman. 4/14/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.
SB 624, by Kolkhorst and Middleton, HB 3707, Identical, Relating Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees. "This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302.
"Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission." 4/25/2023 House Received from the Senate. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB624.
SB 786, HB 1777 identical, by Birdwell, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." 4/18/2023 Reported favorably without amendments. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB786
SB 788, by Eckhardt, Alvarado, Gutierrez, LaMantia, and Miles, Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality. 3/1/2023 Referred to Natural Resourcew & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB788
SB 1186, by Hughs, Relating to the regulation by the Railroad Commission of Texas of brine mining. 4/28/2023 Referred to Energy resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1186
SB 1659, by Schwertner, HB 1570, Identical, Relating to the sunset review process and certain governmental entities subject to that process. "APPLICATION OF SUNSET ACT. The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025]." 4/20/2023 Reported favorably without amendment(s). For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1659
SB 2196, by Hancock, Schwertner, and Eckhardt, HB 4086 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology. 4/26/2023 Reported favorably without amendment(s). For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2196
SB 2213, by Blanco, Relating to establishing and funding a grant program to plug leaking water wells in certain counties. 3/22/2023 Referred to Finance. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2213
SB 2291, by Zaffirini, Relating to the plugging of abandoned or deteriorated water wells; authorizing a fee. 3/22/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2291
SB 2379, by Schwertner, Relating to the definition of the Edwards Aquifer for the purposes of an aquifer storage and recovery project. 4/28/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2379
SB 2397, by Zaffirini, HB 4532, Identical, and SB 2540, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 3/23/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2397
SB 2540, by Blanco, HB 4532, Identical, and SB 2397, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 3/23/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2540
Henry M. Wise, P.G.
The Wise Report
4/30/2023
The Wise Report
Henry M. Wise, P.G.
April 24, 2023
The Texas Legislature is back in session through May 29, 2023. I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change. New information is in bold.
HB 57, by Zwiener, Relating to climate change planning and reporting. 2/23/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB57.
HB 570, by Raymond, Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. 4/10/2023 House Committee report sent to Local & Consent Calendar. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB570.
HB 583, by Raymond, Companion bill SB-382, identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 4/18/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB583.
HB 952, by Dulton, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks. "The commission shall set each carcinogenic risk level used by the commission in the development of a protective concentration level, risk-based exposure limit, or any other remediation standard used in connection with this chapter or a rule adopted under this chapter, including the Texas Risk Reduction Program (30 T.A.C. Chapter 350) or a similar program established by the commission, at a rate not greater than one in one million." 3/2/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB952.
HB 1093, by Cunningham, Relating to planning and financial responsibility requirements for certain aggregate production operations; providing for the imposition of an administrative penalty. "The responsible party must submit to the commission certification of the restoration plan, within the appropriate area or discipline, issued by a licensed engineer or licensed geoscientist. Components of the restoration plan may be independently certified, as appropriate." 3/2/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1093
HB 1276, by Hinojosa, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. 3/3/2023 Referred to Energy Resources, For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1276.
HB 1318, by Darby, Relating to the regulation of brine mining. 4/3/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1318.
HB 1570, by Holland, SB1659, Identical, Relating to the sunset review process and certain governmental entities subject to that process. "The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025]." 4/11/2023 Committee report sent to Calendars. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1570.
HB 1687, by Murr, Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; authorizing an increase in the amount of a fee. 3/7/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1687.
HB 1721, by Raymond, Relating to the regulation of oil and gas waste; imposing a fee. "An applicant shall submit an additional nonrefundable fee of $200 for a permit to drill, deepen, plug back, or reenter a well for which the applicant proposes to use a reserve pit located at the well site to dispose of oil and gas waste, as defined by Section 91.1011, from the well." 3/7/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1721
HB 1777, by Darby, SB 786 identical, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." 4/10/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1777
HB 1782, by Hinojosa, Relating to a requirement that an applicant for a permit to drill an oil or gas well submit a gas capture plan for the well. 3/7/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB1782
HB 1915, by Zafirini, SB 604, identical, Relating to land services performed by a landman. 4/24/2023 Committee report sent to Calendars. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1915.
HB 2443, by Cody Harris, Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules. 4/4/2023 Committee report sent to calendars. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2243
HB 2941, by Zwiener, Relating to the authority of the Railroad Commission of Texas to require water pollution abatement plans for certain pipelines; creating a criminal offense; providing for the imposition of a civil penalty. 4/11/2023 Committee report sent to Calendars. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB2941
HB 3707, by Patterson, SB 624, Identical, Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees. "This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302. Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission." 3/20/2023 Referred to State Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3707
HB 3746, by Goldman, Relating to the repeal of registration and other regulatory provisions applicable to code enforcement officers and sanitarians. Makes exceptions for geoscientific work performed by non geologists. 3/29/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3746
HB 3839, by Goodwin, Relating to financial security requirements for operators of oil and gas wells. 3/20/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3839
HB 3840, by Goodwin, Relating to the extension of the deadline for plugging certain inactive wells under the jurisdiction of the Railroad Commission of Texas. 3/20/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3840
HB 4047, by Guillen, Relating to a study on uranium deposits in this state. The TCEQ shall conduct a study on the uranium deposits in this state and how utilizing those deposits could lessen the United States' reliance on foreign sources of uranium. The Report shall be submitted o the governor, lieutenant governor, and speaker of the house of representatives by December 1, 2024. 4/24/2023 Committee Report filed with Committee Coordinator. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4047
HB 4086, by Kuempel, SB 2196 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology. Scheduled for public hearing on 4/20/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4086
HB 4119, by Guillen, Relating to procedural requirements for uranium mining production area authorizations. 4/24/2023 Committee report filed with Committee Coordinator. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4119
HB 4120, by Guillen, Relating to the inspection of the location of a proposed Class I injection well. "For a proposed Class I injection well, the executive director may satisfy the requirements of Subsection (a) by accepting an inspection report prepared by an engineer or geoscientist licensed in this state." 4/24/2023 Committee report filed with Committee Coordinator. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4120
HB 4225, by Zweiner, Relating to a study conducted by the Railroad Commission of Texas to determine the net reduction in the amount of carbon dioxide in the atmosphere resulting from the use of carbon capture, utilization, and storage technology. 4/3/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4225
HB 4532, by Kacal, SB 2397, Identical, and SB 2540, Identical, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 4/18/2023 Committee report sent to Local & Consent Calendar. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4532
HB 5279, by Wilson, Relating to a prohibition on interbasin transfers of state water. 3/24/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB5279
HJR 119, by Goodwin, Proposing a constitutional amendment guaranteeing the right to a clean and healthy environment. “(a) The public, individually and collectively, has the right to a clean and healthy environment, including clean water, clean air, healthy soil, and diverse and abundant native flora and fauna, and to the preservation of the natural, cultural,scenic, recreational, and healthful qualities of the environment. The right to a clean and healthy environment is inherent, inalienable, indefeasible, and equal with other protected inalienable rights of liberty reserved to the public. The state shall equitably protect this right for the public and may not take any action to infringe on this right.
“ (b) The public natural resources of this state are the common property of all persons, including future generations. The state, including the legislative, judicial, and executive branches and each state agency and political subdivision, shall conserve, protect, and maintain the state's public natural resources for the benefit of the public, including future generations." 3/13/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR119
HJR 142, by Talarico, Proposing a constitutional amendment guaranteeing the right to a clean, healthy, and sustainable environment. "(a) The public, individually and collectively, has the right to a clean, healthy, and sustainable environment , including access to clean air, clean water, and an environment generally favorable to each person's well-being.
(b) The legislature shall enact laws to combat climate change and improve this state's resilience to climate change by systematically reducing greenhouse gas emissions." 3/15/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR142
SB 257, by Eckhardt, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. Prohibits routine methane flaring, operators must adhere to the USEPA's new source performance standards for methane emissions, implement quarterly inspections, etc. 2/15/2023 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB257.
SB 382, by Zafirini, Companion Bill HB 583, Identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 2/15/2023 Referret to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB382.
SB 519, by Zaffirini, Relating to the issuance of a permit for a municipal solid waste landfill facility located in a special flood hazard area. 2/17/2023 Referrecd to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB519.
SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman. 4/14/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.
SB 624, by Kolkhorst and Middleton, HB 3707, Identical, Relating Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees. "This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302.
"Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission." 4/24/2023 Reported engrossed. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB624.
SB 786, HB 1777 identical, by Birdwell, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." 4/18/2023 Reported favorably without amendments. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB786
SB 788, by Eckhardt, Alvarado, Gutierrez, LaMantia, and Miles, Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality. 3/1/2023 Referred to Natural Resourcew & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB788
SB 1186, by Hughs, Relating to the regulation by the Railroad Commission of Texas of brine mining. 4/20/2023 House received from the Senate. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1186
SB 1659, by Schwertner, HB 1570, Identical, Relating to the sunset review process and certain governmental entities subject to that process. "APPLICATION OF SUNSET ACT. The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025]." 4/20/2023 Reported favorably without amendment(s). For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1659
SB 2196, by Hancock, HB 4086 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology. 4/21/2023 House received from the Senate. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2196
SB 2213, by Blanco, Relating to establishing and funding a grant program to plug leaking water wells in certain counties. 3/22/2023 Referred to Finance. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2213
SB 2291, by Zaffirini, Relating to the plugging of abandoned or deteriorated water wells; authorizing a fee. 3/22/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2291
SB 2379, by Schwertner, Relating to the definition of the Edwards Aquifer for the purposes of an aquifer storage and recovery project. 4/20/2023 House received from the Senate. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2379
SB 2397, by Zaffirini, HB 4532, Identical, and SB 2540, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 3/23/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2397
SB 2540, by Blanco, HB 4532, Identical, and SB 2397, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 3/23/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2540
Henry M. Wise, P.G.
The Wise Report
4/24/2023
The Wise Report
Henry M. Wise, P.G.
April 16, 2023
The Texas Legislature is back in session through May 29, 2023. I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change. New information is in bold.
HB 57, by Zwiener, Relating to climate change planning and reporting. 2/23/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB57.
HB 570, by Raymond, Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. 4/10/2023 House Committee report sent to Local & Consent Calendar. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB570.
HB 583, by Raymond, Companion bill SB-382, identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. Scheduled for public hearing on 4/18/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB583.
HB 952, by Dulton, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks. "The commission shall set each carcinogenic risk level used by the commission in the development of a protective concentration level, risk-based exposure limit, or any other remediation standard used in connection with this chapter or a rule adopted under this chapter, including the Texas Risk Reduction Program (30 T.A.C. Chapter 350) or a similar program established by the commission, at a rate not greater than one in one million." 3/2/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB952.
HB 1093, by Cunningham, Relating to planning and financial responsibility requirements for certain aggregate production operations; providing for the imposition of an administrative penalty. "The responsible party must submit to the commission certification of the restoration plan, within the appropriate area or discipline, issued by a licensed engineer or licensed geoscientist. Components of the restoration plan may be independently certified, as appropriate." 3/2/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1093
HB 1276, by Hinojosa, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. 3/3/2023 Referred to Energy Resources, For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1276.
HB 1318, by Darby, Relating to the regulation of brine mining. 4/3/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1318.
HB 1570, by Holland, SB1659, Identical, Relating to the sunset review process and certain governmental entities subject to that process. "The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025]." 4/11/2023 Committee report sent to Calendars. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1570.
HB 1687, by Murr, Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; authorizing an increase in the amount of a fee. 3/7/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1687.
HB 1721, by Raymond, Relating to the regulation of oil and gas waste; imposing a fee. "An applicant shall submit an additional nonrefundable fee of $200 for a permit to drill, deepen, plug back, or reenter a well for which the applicant proposes to use a reserve pit located at the well site to dispose of oil and gas waste, as defined by Section 91.1011, from the well." 3/7/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1721
HB 1777, by Darby, SB 786 identical, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." 4/10/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1777
HB 1782, by Hinojosa, Relating to a requirement that an applicant for a permit to drill an oil or gas well submit a gas capture plan for the well. 3/7/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB1782
HB 1915, by Zafirini, SB 604, identical, Relating to land services performed by a landman. 4/3/2023 Reported favorably without amendment(s). For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1915.
HB 2443, by Cody Harris, Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules. 4/4/2023 Committee report sent to calendars. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2243
HB 2941, by Zwiener, Relating to the authority of the Railroad Commission of Texas to require water pollution abatement plans for certain pipelines; creating a criminal offense; providing for the imposition of a civil penalty. 4/11/2023 Committee report sent to Calendars. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB2941
HB 3707, by Patterson, SB 624, Identical, Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees. "This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302. Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission." 3/20/2023 Referred to State Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3707
HB 3746, by Goldman, Relating to the repeal of registration and other regulatory provisions applicable to code enforcement officers and sanitarians. Makes exceptions for geoscientific work performed by non geologists. 3/29/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3746
HB 3839, by Goodwin, Relating to financial security requirements for operators of oil and gas wells. 3/20/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3839
HB 3840, by Goodwin, Relating to the extension of the deadline for plugging certain inactive wells under the jurisdiction of the Railroad Commission of Texas. 3/20/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3840
HB 4047, by Guillen, Relating to a study on uranium deposits in this state. The TCEQ shall conduct a study on the uranium deposits in this state and how utilizing those deposits could lessen the United States' reliance on foreign sources of uranium. The Report shall be submitted o the governor, lieutenant governor, and speaker of the house of representatives by December 1, 2024. 4/3/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4047
HB 4086, by Kuempel, SB 2196 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology. Scheduled for public hearing on 4/20/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4086
HB 4119, by Guillen, Relating to procedural requirements for uranium mining production area authorizations. 4/4/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4119
HB 4120, by Guillen, Relating to the inspection of the location of a proposed Class I injection well. "For a proposed Class I injection well, the executive director may satisfy the requirements of Subsection (a) by accepting an inspection report prepared by an engineer or geoscientist licensed in this state." 4/4/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4120
HB 4225, by Zweiner, Relating to a study conducted by the Railroad Commission of Texas to determine the net reduction in the amount of carbon dioxide in the atmosphere resulting from the use of carbon capture, utilization, and storage technology. 4/3/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4225
HB 4532, by Kacal, SB 2397, Identical, and SB 2540, Identical, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 4/4/2023 Reported favorably without amendment(s). For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4532
HB 5279, by Wilson, Relating to a prohibition on interbasin transfers of state water. 3/24/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB5279
HJR 119, by Goodwin, Proposing a constitutional amendment guaranteeing the right to a clean and healthy environment. “(a) The public, individually and collectively, has the right to a clean and healthy environment, including clean water, clean air, healthy soil, and diverse and abundant native flora and fauna, and to the preservation of the natural, cultural,scenic, recreational, and healthful qualities of the environment. The right to a clean and healthy environment is inherent, inalienable, indefeasible, and equal with other protected inalienable rights of liberty reserved to the public. The state shall equitably protect this right for the public and may not take any action to infringe on this right.
“ (b) The public natural resources of this state are the common property of all persons, including future generations. The state, including the legislative, judicial, and executive branches and each state agency and political subdivision, shall conserve, protect, and maintain the state's public natural resources for the benefit of the public, including future generations." 3/13/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR119
HJR 142, by Talarico, Proposing a constitutional amendment guaranteeing the right to a clean, healthy, and sustainable environment. "(a) The public, individually and collectively, has the right to a clean, healthy, and sustainable environment , including access to clean air, clean water, and an environment generally favorable to each person's well-being.
(b) The legislature shall enact laws to combat climate change and improve this state's resilience to climate change by systematically reducing greenhouse gas emissions." 3/15/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR142
SB 257, by Eckhardt, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. Prohibits routine methane flaring, operators must adhere to the USEPA's new source performance standards for methane emissions, implement quarterly inspections, etc. 2/15/2023 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB257.
SB 382, by Zafirini, Companion Bill HB 583, Identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 2/15/2023 Referret to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB382.
SB 519, by Zaffirini, Relating to the issuance of a permit for a municipal solid waste landfill facility located in a special flood hazard area. 2/17/2023 Referrecd to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB519.
SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman. 4/14/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.
SB 624, by Kolkhorst and Middleton, HB 3707, Identical, Relating Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees. "This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302.
"Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission." 4/13/2023 Vote taken in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB624.
SB 786, HB 1777 identical, by Birdwell, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." 4/14/2023 Received from the Senate. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB786
SB 788, by Eckhardt, Alvarado, Gutierrez, LaMantia, and Miles, Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality. 3/1/2023 Referred to Natural Resourcew & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB788
SB 1186, by Hughs, Relating to the regulation by the Railroad Commission of Texas of brine mining. 4/11/2023 Committee report printed and distributed. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1186
SB 1659, by Schwertner, HB 1570, Identical, Relating to the sunset review process and certain governmental entities subject to that process. "APPLICATION OF SUNSET ACT. The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025]." 4/17/2023 Placed on intent calendar. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1659
SB 2196, by Hancock, HB 4086 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology. 4/12/2023 Vote taken in committee. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2196
SB 2213, by Blanco, Relating to establishing and funding a grant program to plug leaking water wells in certain counties. 3/22/2023 Referred to Finance. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2213
SB 2291, by Zaffirini, Relating to the plugging of abandoned or deteriorated water wells; authorizing a fee. 3/22/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2291
SB 2379, by Schwertner, Relating to the definition of the Edwards Aquifer for the purposes of an aquifer storage and recovery project. 4/13/2023 Vote taken in committee. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2379
SB 2397, by Zaffirini, HB 4532, Identical, and SB 2540, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 3/23/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2397
SB 2540, by Blanco, HB 4532, Identical, and SB 2397, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 3/23/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2540
Henry M. Wise, P.G.
The Wise Report
4/16/2023
The Wise Report
Henry M. Wise, P.G.
April 8, 2023
The Texas Legislature is back in session through May 29, 2023. I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change. New information is in bold.
HB 57, by Zwiener, Relating to climate change planning and reporting. 2/23/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB57.
HB 570, by Raymond, Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. 4/6/2023 Committee report distributed. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB570.
HB 583, by Raymond, Companion bill SB-382, identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 2/23/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB583.
HB 952, by Dulton, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks. "The commission shall set each carcinogenic risk level used by the commission in the development of a protective concentration level, risk-based exposure limit, or any other remediation standard used in connection with this chapter or a rule adopted under this chapter, including the Texas Risk Reduction Program (30 T.A.C. Chapter 350) or a similar program established by the commission, at a rate not greater than one in one million." 3/2/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB952.
HB 1093, by Cunningham, Relating to planning and financial responsibility requirements for certain aggregate production operations; providing for the imposition of an administrative penalty. "The responsible party must submit to the commission certification of the restoration plan, within the appropriate area or discipline, issued by a licensed engineer or licensed geoscientist. Components of the restoration plan may be independently certified, as appropriate." 3/2/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1093
HB 1276, by Hinojosa, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. 3/3/2023 Referred to Energy Resources, For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1276.
HB 1318, by Darby, Relating to the regulation of brine mining. 4/3/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1318.
HB 1570, by Holland, SB1659, Identical, Relating to the sunset review process and certain governmental entities subject to that process. "The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025]." 4/3/2023 Reported favorably without amendment(s). For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1570.
HB 1687, by Murr, Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; authorizing an increase in the amount of a fee. 3/7/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1687.
HB 1721, by Raymond, Relating to the regulation of oil and gas waste; imposing a fee. "An applicant shall submit an additional nonrefundable fee of $200 for a permit to drill, deepen, plug back, or reenter a well for which the applicant proposes to use a reserve pit located at the well site to dispose of oil and gas waste, as defined by Section 91.1011, from the well." 3/7/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1721
HB 1777, by Darby, SB 786 identical, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." Scheduled for public hearing on 4/10/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1777
HB 1782, by Hinojosa, Relating to a requirement that an applicant for a permit to drill an oil or gas well submit a gas capture plan for the well. 3/7/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB1782
HB 1915, by Zafirini, SB 604, identical, Relating to land services performed by a landman. 4/3/2023 Reported favorably without amendment(s). For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1915.
HB 2443, by Cody Harris, Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules. 4/4/2023 Committee report sent to calendars. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2243
HB 2941, by Zwiener, Relating to the authority of the Railroad Commission of Texas to require water pollution abatement plans for certain pipelines; creating a criminal offense; providing for the imposition of a civil penalty. 4/4/2023 Reported favorably as substituted. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB2941
HB 3707, by Patterson, SB 624, Identical, Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees. "This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302. Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission." 3/20/2023 Referred to State Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3707
HB 3746, by Goldman, Relating to the repeal of registration and other regulatory provisions applicable to code enforcement officers and sanitarians. Makes exceptions for geoscientific work performed by non geologists. 3/29/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3746
HB 3839, by Goodwin, Relating to financial security requirements for operators of oil and gas wells. 3/20/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3839
HB 3840, by Goodwin, Relating to the extension of the deadline for plugging certain inactive wells under the jurisdiction of the Railroad Commission of Texas. 3/20/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3840
HB 4047, by Guillen, Relating to a study on uranium deposits in this state. The TCEQ shall conduct a study on the uranium deposits in this state and how utilizing those deposits could lessen the United States' reliance on foreign sources of uranium. The Report shall be submitted o the governor, lieutenant governor, and speaker of the house of representatives by December 1, 2024. 4/3/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4047
HB 4086, by Kuempel, SB 2196 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology. 3/20/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4086
HB 4119, by Guillen, Relating to procedural requirements for uranium mining production area authorizations. 4/4/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4119
HB 4120, by Guillen, Relating to the inspection of the location of a proposed Class I injection well. "For a proposed Class I injection well, the executive director may satisfy the requirements of Subsection (a) by accepting an inspection report prepared by an engineer or geoscientist licensed in this state." 4/4/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4120
HB 4225, by Zweiner, Relating to a study conducted by the Railroad Commission of Texas to determine the net reduction in the amount of carbon dioxide in the atmosphere resulting from the use of carbon capture, utilization, and storage technology. 4/3/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4225
HB 4532, by Kacal, SB 2397, Identical, and SB 2540, Identical, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 4/4/2023 Reported favorably without amendment(s). For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4532
HB 5279, by Wilson, Relating to a prohibition on interbasin transfers of state water. 3/24/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB5279
HJR 119, by Goodwin, Proposing a constitutional amendment guaranteeing the right to a clean and healthy environment. “(a) The public, individually and collectively, has the right to a clean and healthy environment, including clean water, clean air, healthy soil, and diverse and abundant native flora and fauna, and to the preservation of the natural, cultural,scenic, recreational, and healthful qualities of the environment. The right to a clean and healthy environment is inherent, inalienable, indefeasible, and equal with other protected inalienable rights of liberty reserved to the public. The state shall equitably protect this right for the public and may not take any action to infringe on this right.
“ (b) The public natural resources of this state are the common property of all persons, including future generations. The state, including the legislative, judicial, and executive branches and each state agency and political subdivision, shall conserve, protect, and maintain the state's public natural resources for the benefit of the public, including future generations." 3/13/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR119
HJR 142, by Talarico, Proposing a constitutional amendment guaranteeing the right to a clean, healthy, and sustainable environment. "(a) The public, individually and collectively, has the right to a clean, healthy, and sustainable environment , including access to clean air, clean water, and an environment generally favorable to each person's well-being.
(b) The legislature shall enact laws to combat climate change and improve this state's resilience to climate change by systematically reducing greenhouse gas emissions." 3/15/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR142
SB 257, by Eckhardt, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. Prohibits routine methane flaring, operators must adhere to the USEPA's new source performance standards for methane emissions, implement quarterly inspections, etc. 2/15/2023 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB257.
SB 382, by Zafirini, Companion Bill HB 583, Identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 2/15/2023 Referret to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB382.
SB 519, by Zaffirini, Relating to the issuance of a permit for a municipal solid waste landfill facility located in a special flood hazard area. 2/17/2023 Referrecd to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB519.
SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman. 4/11/2023 Not again placed on intent calendar. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.
SB 624, by Kolkhorst and Middleton, HB 3707, Identical, Relating Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees. "This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302.
"Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission." 3/28/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB624.
SB 786, HB 1777 identical, by Birdwell, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." 4/6/2023 Recommended for local & uncontested calendar. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB786
SB 788, by Eckhardt, Alvarado, Gutierrez, LaMantia, and Miles, Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality. 3/1/2023 Referred to Natural Resourcew & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB788
SB 1186, by Hughs, Relating to the regulation by the Railroad Commission of Texas of brine mining. 4/1/2023 Vote taken in committee. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1186
SB 1659, by Schwertner, HB 1570, Identical, Relating to the sunset review process and certain governmental entities subject to that process. "APPLICATION OF SUNSET ACT. The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025]." 4/4/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1659
SB 2196, by Hancock, HB 4086 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology. 4/5/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2196
SB 2213, by Blanco, Relating to establishing and funding a grant program to plug leaking water wells in certain counties. 3/22/2023 Referred to Finance. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2213
SB 2291, by Zaffirini, Relating to the plugging of abandoned or deteriorated water wells; authorizing a fee. 3/22/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2291
SB 2379, by Schwertner, Relating to the definition of the Edwards Aquifer for the purposes of an aquifer storage and recovery project. 3/23/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2379
SB 2397, by Zaffirini, HB 4532, Identical, and SB 2540, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 3/23/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2397
SB 2540, by Blanco, HB 4532, Identical, and SB 2397, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 3/23/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2540
Henry M. Wise, P.G.
The Wise Report
4/8/2023
The Wise Report
Henry M. Wise, P.G.
April 2, 2023
The Texas Legislature is back in session through May 29, 2023. I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change. New information is in bold.
HB 57, by Zwiener, Relating to climate change planning and reporting. 2/23/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB57.
HB 570, by Raymond, Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. 3/30/2023 Reported favorably without amendments. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB570.
HB 583, by Raymond, Companion bill SB-382, identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 2/23/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB583.
HB 952, by Dulton, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks. "The commission shall set each carcinogenic risk level used by the commission in the development of a protective concentration level, risk-based exposure limit, or any other remediation standard used in connection with this chapter or a rule adopted under this chapter, including the Texas Risk Reduction Program (30 T.A.C. Chapter 350) or a similar program established by the commission, at a rate not greater than one in one million." 3/2/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB952.
HB 1093, by Cunningham, Relating to planning and financial responsibility requirements for certain aggregate production operations; providing for the imposition of an administrative penalty. "The responsible party must submit to the commission certification of the restoration plan, within the appropriate area or discipline, issued by a licensed engineer or licensed geoscientist. Components of the restoration plan may be independently certified, as appropriate." 3/2/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1093
HB 1276, by Hinojosa, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. 3/3/2023 Referred to Energy Resources, For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1276.
HB 1318, by Darby, Relating to the regulation of brine mining. Scheduled for public hearing on 4/23/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1318.
HB 1570, by Holland, SB1659, Identical, Relating to the sunset review process and certain governmental entities subject to that process. "The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025]." 3/29/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1570.
HB 1687, by Murr, Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; authorizing an increase in the amount of a fee. 3/7/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1687.
HB 1721, by Raymond, Relating to the regulation of oil and gas waste; imposing a fee. "An applicant shall submit an additional nonrefundable fee of $200 for a permit to drill, deepen, plug back, or reenter a well for which the applicant proposes to use a reserve pit located at the well site to dispose of oil and gas waste, as defined by Section 91.1011, from the well." 3/7/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1721
HB 1777, by Darby, SB 786 identical, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." 3/7/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1777
HB 1782, by Hinojosa, Relating to a requirement that an applicant for a permit to drill an oil or gas well submit a gas capture plan for the well. 3/7/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB1782
HB 1915, by Zafirini, SB 604, identical, Relating to land services performed by a landman. 3/27/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1915.
HB 2443, by Cody Harris, Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules. 3/23/2023 Reported favorably as substituted. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2243
HB 2941, by Zwiener, Relating to the authority of the Railroad Commission of Texas to require water pollution abatement plans for certain pipelines; creating a criminal offense; providing for the imposition of a civil penalty. 3/28/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB2941
HB 3707, by Patterson, SB 624, Identical, Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees. "This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302. Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission." 3/20/2023 Referred to State Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3707
HB 3746, by Goldman, Relating to the repeal of registration and other regulatory provisions applicable to code enforcement officers and sanitarians. Makes exceptions for geoscientific work performed by non geologists. 3/29/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3746
HB 3839, by Goodwin, Relating to financial security requirements for operators of oil and gas wells. 3/20/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3839
HB 3840, by Goodwin, Relating to the extension of the deadline for plugging certain inactive wells under the jurisdiction of the Railroad Commission of Texas. 3/20/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3840
HB 4047, by Guillen, Relating to a study on uranium deposits in this state. The TCEQ shall conduct a study on the uranium deposits in this state and how utilizing those deposits could lessen the United States' reliance on foreign sources of uranium. The Report shall be submitted o the governor, lieutenant governor, and speaker of the house of representatives by December 1, 2024. Scheduled for publioc hearing on 4/3/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4047
HB 4086, by Kuempel, SB 2196 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology. 3/20/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4086
HB 4119, by Guillen, Relating to procedural requirements for uranium mining production area authorizations. Scheduled for public hearing on 4/4/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4119
HB 4120, by Guillen, Relating to the inspection of the location of a proposed Class I injection well. "For a proposed Class I injection well, the executive director may satisfy the requirements of Subsection (a) by accepting an inspection report prepared by an engineer or geoscientist licensed in this state." Scheduled for public hearing on 4/4/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4120
HB 4225, by Zweiner, Relating to a study conducted by the Railroad Commission of Texas to determine the net reduction in the amount of carbon dioxide in the atmosphere resulting from the use of carbon capture, utilization, and storage technology. Scheduled for public hearing on 4/3/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4225
HB 4532, by Kacal, SB 2397, Identical, and SB 2540, Identical, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 3/28/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4532
HB 5279, by Wilson, Relating to a prohibition on interbasin transfers of state water. 3/24/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB5279
HJR 119, by Goodwin, Proposing a constitutional amendment guaranteeing the right to a clean and healthy environment. “(a) The public, individually and collectively, has the right to a clean and healthy environment, including clean water, clean air, healthy soil, and diverse and abundant native flora and fauna, and to the preservation of the natural, cultural,scenic, recreational, and healthful qualities of the environment. The right to a clean and healthy environment is inherent, inalienable, indefeasible, and equal with other protected inalienable rights of liberty reserved to the public. The state shall equitably protect this right for the public and may not take any action to infringe on this right.
“ (b) The public natural resources of this state are the common property of all persons, including future generations. The state, including the legislative, judicial, and executive branches and each state agency and political subdivision, shall conserve, protect, and maintain the state's public natural resources for the benefit of the public, including future generations." 3/13/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR119
HJR 142, by Talarico, Proposing a constitutional amendment guaranteeing the right to a clean, healthy, and sustainable environment. "(a) The public, individually and collectively, has the right to a clean, healthy, and sustainable environment , including access to clean air, clean water, and an environment generally favorable to each person's well-being.
(b) The legislature shall enact laws to combat climate change and improve this state's resilience to climate change by systematically reducing greenhouse gas emissions." 3/15/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR142
SB 257, by Eckhardt, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. Prohibits routine methane flaring, operators must adhere to the USEPA's new source performance standards for methane emissions, implement quarterly inspections, etc. 2/15/2023 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB257.
SB 382, by Zafirini, Companion Bill HB 583, Identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 2/15/2023 Referret to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB382.
SB 519, by Zaffirini, Relating to the issuance of a permit for a municipal solid waste landfill facility located in a special flood hazard area. 2/17/2023 Referrecd to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB519.
SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman. 3/29/2023 Vote taken in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.
SB 624, by Kolkhorst and Middleton, HB 3707, Identical, Relating Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees. "This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302.
"Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission." 3/28/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB624.
SB 786, HB 1777 identical, by Birdwell, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." 3/29/2023 Left pending in committee. Referred to Natural resources & Economic Development For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB786
SB 788, by Eckhardt, Alvarado, Gutierrez, LaMantia, and Miles, Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality. 3/1/2023 Referred to Natural Resourcew & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB788
SB 1186, by Hughs, Relating to the regulation by the Railroad Commission of Texas of brine mining. 3/29/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1186
SB 1659, by Schwertner, HB 1570, Identical, Relating to the sunset review process and certain governmental entities subject to that process. "APPLICATION OF SUNSET ACT. The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025]." Scheduled for public hearing on 4/4/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1659
SB 2196, by Hancock, HB 4086 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology. Scheduled for public hearing on 4/5/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2196
SB 2213, by Blanco, Relating to establishing and funding a grant program to plug leaking water wells in certain counties. 3/22/2023 Referred to Finance. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2213
SB 2291, by Zaffirini, Relating to the plugging of abandoned or deteriorated water wells; authorizing a fee. 3/22/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2291
SB 2379, by Schwertner, Relating to the definition of the Edwards Aquifer for the purposes of an aquifer storage and recovery project. 3/23/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2379
SB 2397, by Zaffirini, HB 4532, Identical, and SB 2540, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 3/23/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2397
SB 2540, by Blanco, HB 4532, Identical, and SB 2397, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 3/23/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2540
Henry M. Wise, P.G.
The Wise Report
4/2/2023
The Wise Report
Henry M. Wise, P.G.
March 27, 2023
The Texas Legislature is back in session through May 29, 2023. I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change. New information is in bold.
HB 57, by Zwiener, Relating to climate change planning and reporting. 2/23/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB57.
HB 570, by Raymond, Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. Scheduled for Public hearing on 3/28/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB570.
HB 583, by Raymond, Companion bill SB-382, identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 2/23/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB583.
HB 952, by Dulton, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks. "The commission shall set each carcinogenic risk level used by the commission in the development of a protective concentration level, risk-based exposure limit, or any other remediation standard used in connection with this chapter or a rule adopted under this chapter, including the Texas Risk Reduction Program (30 T.A.C. Chapter 350) or a similar program established by the commission, at a rate not greater than one in one million." 3/2/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB952.
HB 1093, by Cunningham, Relating to planning and financial responsibility requirements for certain aggregate production operations; providing for the imposition of an administrative penalty. "The responsible party must submit to the commission certification of the restoration plan, within the appropriate area or discipline, issued by a licensed engineer or licensed geoscientist. Components of the restoration plan may be independently certified, as appropriate." 3/2/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1093
HB 1276, by Hinojosa, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. 3/3/2023 Referred to Energy Resources, For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1276.
HB 1318, by Darby, Relating to the regulation of brine mining. 3/27/2023 Withdrawn from schedule. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1318.
HB 1570, by Holland, SB1659, Identical, Relating to the sunset review process and certain governmental entities subject to that process. "The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025]." Scheduled for Public hearing on 3/29/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1570.
HB 1687, by Murr, Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; authorizing an increase in the amount of a fee. 3/7/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1687.
HB 1721, by Raymond, Relating to the regulation of oil and gas waste; imposing a fee. "An applicant shall submit an additional nonrefundable fee of $200 for a permit to drill, deepen, plug back, or reenter a well for which the applicant proposes to use a reserve pit located at the well site to dispose of oil and gas waste, as defined by Section 91.1011, from the well." 3/7/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1721
HB 1777, by Darby, SB 786 identical, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." 3/7/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1777
HB 1782, by Hinojosa, Relating to a requirement that an applicant for a permit to drill an oil or gas well submit a gas capture plan for the well. 3/7/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB1782
HB 1915, by Zafirini, SB 604, identical, Relating to land services performed by a landman. Scheduled for public hearing on 3/27/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1915.
HB 2443, by Cody Harris, Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules. 3/23/2023 Reported favorably as substituted. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2243
HB 2941, by Zwiener, Relating to the authority of the Railroad Commission of Texas to require water pollution abatement plans for certain pipelines; creating a criminal offense; providing for the imposition of a civil penalty. Scheduled for Public hearing on 3/28/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB2941
HB 3707, by Patterson, SB 624, Identical, Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees. "This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302. Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission." 3/20/2023 Referred to State Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3707
HB 3746, by Goldman, Relating to the repeal of registration and other regulatory provisions applicable to code enforcement officers and sanitarians. Makes exceptions for geoscientific work performed by non geologists. Scheduled for public hearing on 3/29/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3746
HB 3839, by Goodwin, Relating to financial security requirements for operators of oil and gas wells. 3/20/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3839
HB 3840, by Goodwin, Relating to the extension of the deadline for plugging certain inactive wells under the jurisdiction of the Railroad Commission of Texas. 3/20/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3840
HB 4047, by Guillen, Relating to a study on uranium deposits in this state. The TCEQ shall conduct a study on the uranium deposits in this state and how utilizing those deposits could lessen the United States' reliance on foreign sources of uranium. The Report shall be submitted o the governor, lieutenant governor, and speaker of the house of representatives by December 1, 2024. 3/20/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4047
HB 4086, by Kuempel, SB 2196 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology. 3/20/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4086
HB 4119, by Guillen, Relating to procedural requirements for uranium mining production area authorizations. 3/21/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4119
HB 4120, by Guillen, Relating to the inspection of the location of a proposed Class I injection well. "For a proposed Class I injection well, the executive director may satisfy the requirements of Subsection (a) by accepting an inspection report prepared by an engineer or geoscientist licensed in this state." 3/21/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4120
HB 4225, by Zweiner, Relating to a study conducted by the Railroad Commission of Texas to determine the net reduction in the amount of carbon dioxide in the atmosphere resulting from the use of carbon capture, utilization, and storage technology. 3/21/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4225
HB 4532, by Kacal, SB 2397, Identical, and SB 2540, Identical, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. Scheduled for public hearing on 3/28/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4532
HB 5279, by Wilson, Relating to a prohibition on interbasin transfers of state water. 3/24/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB5279
HJR 119, by Goodwin, Proposing a constitutional amendment guaranteeing the right to a clean and healthy environment. “(a) The public, individually and collectively, has the right to a clean and healthy environment, including clean water, clean air, healthy soil, and diverse and abundant native flora and fauna, and to the preservation of the natural, cultural,scenic, recreational, and healthful qualities of the environment. The right to a clean and healthy environment is inherent, inalienable, indefeasible, and equal with other protected inalienable rights of liberty reserved to the public. The state shall equitably protect this right for the public and may not take any action to infringe on this right.
“ (b) The public natural resources of this state are the common property of all persons, including future generations. The state, including the legislative, judicial, and executive branches and each state agency and political subdivision, shall conserve, protect, and maintain the state's public natural resources for the benefit of the public, including future generations." 3/13/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR119
HJR 142, by Talarico, Proposing a constitutional amendment guaranteeing the right to a clean, healthy, and sustainable environment. "(a) The public, individually and collectively, has the right to a clean, healthy, and sustainable environment , including access to clean air, clean water, and an environment generally favorable to each person's well-being.
(b) The legislature shall enact laws to combat climate change and improve this state's resilience to climate change by systematically reducing greenhouse gas emissions." 3/15/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR142
SB 257, by Eckhardt, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. Prohibits routine methane flaring, operators must adhere to the USEPA's new source performance standards for methane emissions, implement quarterly inspections, etc. 2/15/2023 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB257.
SB 382, by Zafirini, Companion Bill HB 583, Identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 2/15/2023 Referret to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB382.
SB 519, by Zaffirini, Relating to the issuance of a permit for a municipal solid waste landfill facility located in a special flood hazard area. 2/17/2023 Referrecd to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB519.
SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman. 3/22/2023 Left pending in committee. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.
SB 624, by Kolkhorst and Middleton, HB 3707, Identical, Relating Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees. "This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302.
"Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission." Scheduled for public hearing on 3/28/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB624.
SB 786, HB 1777 identical, by Birdwell, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." Scheduled for public hearing on 3/29/2023. Referred to Natural resources & Economic Development For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB786
SB 788, by Eckhardt, Alvarado, Gutierrez, LaMantia, and Miles, Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality. 3/1/2023 Referred to Natural Resourcew & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB788
SB 1186, by Hughs, Relating to the regulation by the Railroad Commission of Texas of brine mining. Scheduled for public hearing on 3/29/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1186
SB 1659, by Schwertner, HB 1570, Identical, Relating to the sunset review process and certain governmental entities subject to that process. "APPLICATION OF SUNSET ACT. The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025]." 3/16/2023 Referred to Business & Commerce. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1659
SB 2196, by Hancock, HB 4086 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology. 3/22/2023 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2196
SB 2213, by Blanco, Relating to establishing and funding a grant program to plug leaking water wells in certain counties. 3/22/2023 Referred to Finance. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2213
SB 2291, by Zaffirini, Relating to the plugging of abandoned or deteriorated water wells; authorizing a fee. 3/22/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2291
SB 2379, by Schwertner, Relating to the definition of the Edwards Aquifer for the purposes of an aquifer storage and recovery project. 3/23/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2379
SB 2397, by Zaffirini, HB 4532, Identical, and SB 2540, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 3/23/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2397
SB 2540, by Blanco, HB 4532, Identical, and SB 2397, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. 3/23/2023 Referred to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2540
Henry M. Wise, P.G.
The Wise Report
3/27/2023
The Wise Report
Henry M. Wise, P.G.
March 17, 2023
The Texas Board of Professional Geoscientists proposes amendments concerning the licensure and regulation of Professional geoscientists in Texas to allow digital signatures. For more information go to: https://www.sos.state.tx.us/texreg/archive/March172023/Proposed%20Rules/22.EXAMINING%20BOARDS.html#9
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The Texas Legislature is back in session through May 29, 2023. I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change. New information is in bold.
HB 57, by Zwiener, Relating to climate change planning and reporting. 2/23/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB57.
HB 570, by Raymond, Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. 2/23/2023 Referred to Homeland Security & Public Safety. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB570.
HB 583, by Raymond, Companion bill SB-382, identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 2/23/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB583.
HB 952, by Dulton, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks. "The commission shall set each carcinogenic risk level used by the commission in the development of a protective concentration level, risk-based exposure limit, or any other remediation standard used in connection with this chapter or a rule adopted under this chapter, including the Texas Risk Reduction Program (30 T.A.C. Chapter 350) or a similar program established by the commission, at a rate not greater than one in one million." 3/2/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB952.
HB 1093, by Cunningham, Relating to planning and financial responsibility requirements for certain aggregate production operations; providing for the imposition of an administrative penalty. "The responsible party must submit to the commission certification of the restoration plan, within the appropriate area or discipline, issued by a licensed engineer or licensed geoscientist. Components of the restoration plan may be independently certified, as appropriate." 3/2/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1093
HB 1276, by Hinojosa, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. 3/3/2023 Referred to Energy Resources, For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1276.
HB 1318, by Darby, Relating to the regulation of brine mining. 3/3/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1318.
HB 1570, by Holland, SB1659, Identical, Relating to the sunset review process and certain governmental entities subject to that process. "The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025]." 3/9/2023 Referred to State Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1570.
HB 1687, by Murr, Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; authorizing an increase in the amount of a fee. 3/7/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1687.
HB 1721, by Raymond, Relating to the regulation of oil and gas waste; imposing a fee. "An applicant shall submit an additional nonrefundable fee of $200 for a permit to drill, deepen, plug back, or reenter a well for which the applicant proposes to use a reserve pit located at the well site to dispose of oil and gas waste, as defined by Section 91.1011, from the well." 3/7/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1721
HB 1777, by Darby, SB 786 identical, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." 3/7/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1777
HB 1782, by Hinojosa, Relating to a requirement that an applicant for a permit to drill an oil or gas well submit a gas capture plan for the well. 3/7/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB1782
HB 1915, by Zafirini, SB 604, identical, Relating to land services performed by a landman. 3/8/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1915.
HB 2443, by Cody Harris, Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules. 3/21/2023 Scheduled for public hearing on 3/21/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2243
HB 2941, by Zwiener, Relating to the authority of the Railroad Commission of Texas to require water pollution abatement plans for certain pipelines; creating a criminal offense; providing for the imposition of a civil penalty. 3/14/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB2941
HB 3707, by Patterson, SB 624, Identical, Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees. "This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302. Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission."Filed 3/6/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3707
HB 3746, by Goldman, Relating to the repeal of registration and other regulatory provisions applicable to code enforcement officers and sanitarians. Makes exceptions for geoscientific work performed by non geologists. Filed 3/7/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3746
HB 3839, by Goodwin, Relating to financial security requirements for operators of oil and gas wells. Filed 3/7/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3839
HB 3840, by Goodwin, Relating to the extension of the deadline for plugging certain inactive wells under the jurisdiction of the Railroad Commission of Texas. Filed 3/7/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3840
HB 4047, by Guillen, Relating to a study on uranium deposits in this state. The TCEQ shall conduct a study on the uranium deposits in this state and how utilizing those deposits could lessen the United States' reliance on foreign sources of uranium. The Report shall be submitted o the governor, lieutenant governor, and speaker of the house of representatives by December 1, 2024. Filed 3/8/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4047
HB 4086, by Kuempel, SB 2196 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology. Filed 3/8/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4086
HB 4119, by Guillen, Relating to procedural requirements for uranium mining production area authorizations. Filed 3/8/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4119
HB 4120, by Guillen, Relating to the inspection of the location of a proposed Class I injection well. "For a proposed Class I injection well, the executive director may satisfy the requirements of Subsection (a) by accepting an inspection report prepared by an engineer or geoscientist licensed in this state." Filed 3/8/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4120
HB 4225, by Zweiner, Relating to a study conducted by the Railroad Commission of Texas to determine the net reduction in the amount of carbon dioxide in the atmosphere resulting from the use of carbon capture, utilization, and storage technology. Filed 3/8/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4225
HB 4532, by Kacal, SB 2397, Identical, and SB 2540, Identical, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. Filed 3/9/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4532
HB 5279, by Wilson, Relating to a prohibition on interbasin transfers of state water. Filed 3/10/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB5279
HJR 119, by Goodwin, Proposing a constitutional amendment guaranteeing the right to a clean and healthy environment. “(a) The public, individually and collectively, has the right to a clean and healthy environment, including clean water, clean air, healthy soil, and diverse and abundant native flora and fauna, and to the preservation of the natural, cultural,scenic, recreational, and healthful qualities of the environment. The right to a clean and healthy environment is inherent, inalienable, indefeasible, and equal with other protected inalienable rights of liberty reserved to the public. The state shall equitably protect this right for the public and may not take any action to infringe on this right.
“ (b) The public natural resources of this state are the common property of all persons, including future generations. The state, including the legislative, judicial, and executive branches and each state agency and political subdivision, shall conserve, protect, and maintain the state's public natural resources for the benefit of the public, including future generations." 3/13/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR119
HJR 142, by Talarico, Proposing a constitutional amendment guaranteeing the right to a clean, healthy, and sustainable environment. "(a) The public, individually and collectively, has the right to a clean, healthy, and sustainable environment , including access to clean air, clean water, and an environment generally favorable to each person's well-being.
(b) The legislature shall enact laws to combat climate change and improve this state's resilience to climate change by systematically reducing greenhouse gas emissions." 3/13/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR142
SB 257, by Eckhardt, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. Prohibits routine methane flaring, operators must adhere to the USEPA's new source performance standards for methane emissions, implement quarterly inspections, etc. 2/15/2023 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB257.
SB 382, by Zafirini, Companion Bill HB 583, Identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 2/15/2023 Referret to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB382.
SB 519, by Zaffirini, Relating to the issuance of a permit for a municipal solid waste landfill facility located in a special flood hazard area. 2/17/2023 Referrecd to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB519.
SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman. Scheduled for public hearing on 3/22/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.
SB 624, by Kolkhorst and Middleton, HB 3707, Identical, Relating Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees. "This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302.
"Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission." 2/17/2023 Referred to Business & Commerce. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB624.
SB 786, HB 1777 identical, by Birdwell, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." Filed 3/1/2023. Referred to Natural resources & Economic Development For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB786
SB 788, by Eckhardt, Alvarado, Gutierrez, LaMantia, and Miles, Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality. 3/1/2023 Referred to Natural Resourcew & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB788
SB 1186, by Hughs, Relating to the regulation by the Railroad Commission of Texas of brine mining. 3/9/2023 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1186
SB 1659, by Schwertner, HB 1570, Identical, Relating to the sunset review process and certain governmental entities subject to that process. "APPLICATION OF SUNSET ACT. The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025]." 3/16/2023 Referred to Business & Commerce. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1659
SB 2196, by Hancock, HB 4086 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology. Filed 3/9/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2196
SB 2213, by Blanco, Relating to establishing and funding a grant program to plug leaking water wells in certain counties. Filed 3/10/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2213
SB 2291, by Zaffirini, Relating to the plugging of abandoned or deteriorated water wells; authorizing a fee. Filed 3/9/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2291
SB 2379, by Schwertner, Relating to the definition of the Edwards Aquifer for the purposes of an aquifer storage and recovery project. Filed 3/10/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2379
SB 2397, by Zaffirini, HB 4532, Identical, and SB 2540, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. Filed 3/10/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2397
SB 2540, by Blanco, HB 4532, Identical, and SB 2397, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. Filed 3/10/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2540
Henry M. Wise, P.G.
The Wise Report
3/17/2023
The Wise Report
Henry M. Wise, P.G.
March 12, 2023
The Texas Commission on Environmental Quality had updated the Texas Risk Reduciton Program (RTTP) Tier 1 Protective Concencentration Leels (PCLs). They can be found at: https://www.tceq.texas.gov/remediation/trrp/trrppcls.html
---------------------------------------------------------------------------------------------------------------------
The Texas Legislature is back in session through May 29, 2023. I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change. New information is in bold.
HB 57, by Zwiener, Relating to climate change planning and reporting. 2/23/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB57.
HB 570, by Raymond, Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. 2/23/2023 Referred to Homeland Security & Public Safety. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB570.
HB 583, by Raymond, Companion bill SB-382, identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 2/23/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB583.
HB 952, by Dulton, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks. "The commission shall set each carcinogenic risk level used by the commission in the development of a protective concentration level, risk-based exposure limit, or any other remediation standard used in connection with this chapter or a rule adopted under this chapter, including the Texas Risk Reduction Program (30 T.A.C. Chapter 350) or a similar program established by the commission, at a rate not greater than one in one million." 3/2/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB952.
HB 1093, by Cunningham, Relating to planning and financial responsibility requirements for certain aggregate production operations; providing for the imposition of an administrative penalty. "The responsible party must submit to the commission certification of the restoration plan, within the appropriate area or discipline, issued by a licensed engineer or licensed geoscientist. Components of the restoration plan may be independently certified, as appropriate." 3/2/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1093
HB 1276, by Hinojosa, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. 3/3/2023 Referred to Energy Resources, For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1276.
HB 1318, by Darby, Relating to the regulation of brine mining. 3/3/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1318.
HB 1570, by Holland, SB1659, Identical, Relating to the sunset review process and certain governmental entities subject to that process. "The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025]." 3/9/2023 Referred to State Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1570.
HB 1687, by Murr, Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; authorizing an increase in the amount of a fee. Filed 1/26/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1687.
HB 1721, by Raymond, Relating to the regulation of oil and gas waste; imposing a fee. "An applicant shall submit an additional nonrefundable fee of $200 for a permit to drill, deepen, plug back, or reenter a well for which the applicant proposes to use a reserve pit located at the well site to dispose of oil and gas waste, as defined by Section 91.1011, from the well." 3/7/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1721
HB 1777, by Darby, SB 786 identical, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." 3/7/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1777
HB 1782, by Hinojosa, Relating to a requirement that an applicant for a permit to drill an oil or gas well submit a gas capture plan for the well. 3/7/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB1782
HB 1915, by Zafirini, SB 604, identical, Relating to land services performed by a landman. 3/8/2023 Referred to Energy Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1915.
HB 2443, by Cody Harris, Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules. Filed 2/17/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2243
HB 2941, by Zwiener, Relating to the authority of the Railroad Commission of Texas to require water pollution abatement plans for certain pipelines; creating a criminal offense; providing for the imposition of a civil penalty. Filed 3/9/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB2941
HB 3707, by Patterson, SB 624, Identical, Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees. "This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302. Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission."Filed 3/6/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3707
HB 3746, by Goldman, Relating to the repeal of registration and other regulatory provisions applicable to code enforcement officers and sanitarians. Makes exceptions for geoscientific work performed by non geologists. Filed 3/7/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3746
HB 3839, by Goodwin, Relating to financial security requirements for operators of oil and gas wells. Filed 3/7/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3839
HB 3840, by Goodwin, Relating to the extension of the deadline for plugging certain inactive wells under the jurisdiction of the Railroad Commission of Texas. Filed 3/7/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB3840
HB 4047, by Guillen, Relating to a study on uranium deposits in this state. The TCEQ shall conduct a study on the uranium deposits in this state and how utilizing those deposits could lessen the United States' reliance on foreign sources of uranium. The Report shall be submitted o the governor, lieutenant governor, and speaker of the house of representatives by December 1, 2024. Filed 3/8/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4047
HB 4086, by Kuempel, SB 2196 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology. Filed 3/8/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB4086
HB 4119, by Guillen, Relating to procedural requirements for uranium mining production area authorizations. Filed 3/8/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4119
HB 4120, by Guillen, Relating to the inspection of the location of a proposed Class I injection well. "For a proposed Class I injection well, the executive director may satisfy the requirements of Subsection (a) by accepting an inspection report prepared by an engineer or geoscientist licensed in this state." Filed 3/8/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4120
HB 4225, by Zweiner, Relating to a study conducted by the Railroad Commission of Texas to determine the net reduction in the amount of carbon dioxide in the atmosphere resulting from the use of carbon capture, utilization, and storage technology. Filed 3/8/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB4225
HB 5279, by Wilson, Relating to a prohibition on interbasin transfers of state water. Filed 3/10/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB5279
HJR 119, by Goodwin, Proposing a constitutional amendment guaranteeing the right to a clean and healthy environment. “(a) The public, individually and collectively, has the right to a clean and healthy environment, including clean water, clean air, healthy soil, and diverse and abundant native flora and fauna, and to the preservation of the natural, cultural,scenic, recreational, and healthful qualities of the environment. The right to a clean and healthy environment is inherent, inalienable, indefeasible, and equal with other protected inalienable rights of liberty reserved to the public. The state shall equitably protect this right for the public and may not take any action to infringe on this right.
“ (b) The public natural resources of this state are the common property of all persons, including future generations. The state, including the legislative, judicial, and executive branches and each state agency and political subdivision, shall conserve, protect, and maintain the state's public natural resources for the benefit of the public, including future generations." Filed 2/21/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR119
HJR 142, by Talarico, Proposing a constitutional amendment guaranteeing the right to a clean, healthy, and sustainable environment. "(a) The public, individually and collectively, has the right to a clean, healthy, and sustainable Previous HitenvironmentNext Hit , including access to clean air, clean water, and an Previous HitenvironmentNext Hit generally favorable to each person's well-being.
(b) The legislature shall enact laws to combat climate
change and improve this state's resilience to climate change by systematically reducing greenhouse gas emissions." Filed 3/2/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR142
SB 257, by Eckhardt, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. Prohibits routine methane flaring, operators must adhere to the USEPA's new source performance standards for methane emissions, implement quarterly inspections, etc. 2/15/2023 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB257.
SB 382, by Zafirini, Companion Bill HB 583, Identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 2/15/2023 Referret to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB382.
SB 519, by Zaffirini, Relating to the issuance of a permit for a municipal solid waste landfill facility located in a special flood hazard area. 2/17/2023 Referrecd to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB519.
SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman. 2/17/2023 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.
SB 624, by Kolkhorst and Middleton, Relating Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees. "This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302.
"Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission." 2/17/2023 Referred to Business & Commerce. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB624.
SB 786, HB 1777 identical, by Birdwell, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." Filed 3/1/2023. Referred to Natural resources & Economic Development For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB786
SB 788, by Eckhardt, Alvarado, Gutierrez, LaMantia, and Miles, Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality. 3/1/2023 Referred to Natural Resourcew & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB788
SB 1186, by Hughs, Relating to the regulation by the Railroad Commission of Texas of brine mining. 3/9/2023 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1186
SB 1659, by Schwertner, Relating to the sunset review process and certain governmental entities subject to that process. "APPLICATION OF SUNSET ACT. The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033 [2025]." Filed 3/9/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1659
SB 2196, by Hancock, HB 4086 Identical, Relating to the identification and mapping of aggregate production operations by The University of Texas Bureau of Economic Geology. Filed 3/9/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2196
SB 2213, by Blanco, Relating to establishing and funding a grant program to plug leaking water wells in certain counties. Filed 3/10/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2213
SB 2291, by Zaffirini, Relating to the plugging of abandoned or deteriorated water wells; authorizing a fee. Filed 3/9/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2291
SB 2379, by Schwertner, Relating to the definition of the Edwards Aquifer for the purposes of an aquifer storage and recovery project. Filed 3/10/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2379
SB 2397, by Zaffirini, HB 4532, Identical, and SB 2540, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. Filed 3/10/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2397
SB 2540, by Blanco, HB 4532, Identical, and SB 2397, Duplicate, Relating to the consideration of modeled sustained groundwater pumping in the adoption of desired future conditions in groundwater conservation districts. Filed 3/10/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB2540
Henry M. Wise, P.G.
The Wise Report
3/12/2023
The Wise Report
Henry M. Wise, P.G.
February 25, 2023
The Texas Legislature is back in session through May 29, 2023. I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change. New information is in bold.
HB 57, by Zwiener, Relating to climate change planning and reporting. 2/23/2023 Referred to Environmental Regulation. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB57.
HB 570, by Raymond, Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. 2/23/2023 Referred to Homeland Security & Public Safety. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB570.
HB 583, by Raymond, Companion bill SB-382, identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 2/23/2023 Referred to Natural Resources. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB583.
HB 952, by Dulton, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks. "The commission shall set each carcinogenic risk level used by the commission in the development of a protective concentration level, risk-based exposure limit, or any other remediation standard used in connection with this chapter or a rule adopted under this chapter, including the Texas Risk Reduction Program (30 T.A.C. Chapter 350) or a similar program established by the commission, at a rate not greater than one in one million." Filed 12/8/2022. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB952.
HB 1093, by Cunningham, Relating to planning and financial responsibility requirements for certain aggregate production operations; providing for the imposition of an administrative penalty. "The responsible party must submit to the commission certification of the restoration plan, within the appropriate area or discipline, issued by a licensed engineer or licensed geoscientist. Components of the restoration plan may be independently certified, as appropriate." Filed 12/21/2022. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1093
HB 1276, by Hinojosa, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. Filed 1/11/2023, For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1276.
HB 1318, by Darby, Relating to the regulation of brine mining. Filed 1/12/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1318.
HB 1687, by Murr, Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; authorizing an increase in the amount of a fee. Filed 1/26/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1687.
HB 1721, by Raymond, Relating to the regulation of oil and gas waste; imposing a fee. "An applicant shall submit an additional nonrefundable fee of $200 for a permit to drill, deepen, plug back, or reenter a well for which the applicant proposes to use a reserve pit located at the well site to dispose of oil and gas waste, as defined by Section 91.1011, from the well." Filed 1/26/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1721
HB 1777, by Darby, SB 786 identical, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." Filed 1/27/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1777
HB 1782, by Hinojosa, Relating to a requirement that an applicant for a permit to drill an oil or gas well submit a gas capture plan for the well. Filed 1/27/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB1782
HB 1915, by Zafirini, SB 604, identical, Relating to land services performed by a landman. Filed 1/25/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1915.
HB 2443, by Cody Harris, Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules. Filed 2/17/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2243
HJR 119, by Goodwin, Proposing a constitutional amendment guaranteeing the right to a clean and healthy environment. “(a) The public, individually and collectively, has the right to a clean and healthy environment, including clean water, clean air, healthy soil, and diverse and abundant native flora and fauna, and to the preservation of the natural, cultural,scenic, recreational, and healthful qualities of the environment. The right to a clean and healthy environment is inherent, inalienable, indefeasible, and equal with other protected inalienable rights of liberty reserved to the public. The state shall equitably protect this right for the public and may not take any action to infringe on this right.
“ (b) The public natural resources of this state are the common property of all persons, including future generations. The state, including the legislative, judicial, and executive branches and each state agency and political subdivision, shall conserve, protect, and maintain the state's public natural resources for the benefit of the public, including future generations." Filed 2/21/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HJR119
SB 257, by Eckhardt, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. Prohibits routine methane flaring, operators must adhere to the USEPA's new source performance standards for methane emissions, implement quarterly inspections, etc. 2/15/2023 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB257.
SB 382, by Zafirini, Companion Bill HB 583, Identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 2/15/2023 Referret to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB382.
SB 519, by Zaffirini, Relating to the issuance of a permit for a municipal solid waste landfill facility located in a special flood hazard area. 2/17/2023 Referrecd to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB519.
SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman. 2/17/2023 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.
SB 624, by Kolkhorst and Middleton, Relating Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees. "This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302.
"Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission." 2/17/2023 Referred to Business & Commerce. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB624.
SB 786, HB 1777 identical, by Birdwell, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." Filed 2/8/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB786
SB 788, by Eckhardt, Alvarado, Gutierrez, LaMantia, and Miles, Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality. Filed 2/8/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB788
SB 1186, by Hughs, Relating to the regulation by the Railroad Commission of Texas of brine mining. Filed 2/24/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB1186
Henry M. Wise, P.G.
The Wise Report
2/25/2023
The Wise Report
Henry M. Wise, P.G.
February 17, 2023
The Texas Legislature is back in session through May 29, 2023. I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change. New information is in bold.
HB 57, by Zwiener, Relating to climate change planning and reporting. Filed 11/23/2022. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB57.
HB 570, by Raymond, Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. Filed 11/14/2022. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB570.
HB 583, by Raymond, Companion bill SB-382, identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. Filed 11/14/2022. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB583.
HB 952, by Dulton, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks. "The commission shall set each carcinogenic risk level used by the commission in the development of a protective concentration level, risk-based exposure limit, or any other remediation standard used in connection with this chapter or a rule adopted under this chapter, including the Texas Risk Reduction Program (30 T.A.C. Chapter 350) or a similar program established by the commission, at a rate not greater than one in one million." Filed 12/8/2022. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB952.
HB 1093, by Cunningham, Relating to planning and financial responsibility requirements for certain aggregate production operations; providing for the imposition of an administrative penalty. "The responsible party must submit to the commission certification of the restoration plan, within the appropriate area or discipline, issued by a licensed engineer or licensed geoscientist. Components of the restoration plan may be independently certified, as appropriate." Filed 12/21/2022. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1093
HB 1276, by Hinojosa, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. Filed 1/11/2023, For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1276.
HB 1318, by Darby, Relating to the regulation of brine mining. Filed 1/12/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1318.
HB 1687, by Murr, Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; authorizing an increase in the amount of a fee. Filed 1/26/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1687.
HB 1721, by Raymond, Relating to the regulation of oil and gas waste; imposing a fee. "An applicant shall submit an additional nonrefundable fee of $200 for a permit to drill, deepen, plug back, or reenter a well for which the applicant proposes to use a reserve pit located at the well site to dispose of oil and gas waste, as defined by Section 91.1011, from the well." Filed 1/26/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1721
HB 1777, by Darby, SB 786 identical, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." Filed 1/27/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1777
HB 1782, by Hinojosa, Relating to a requirement that an applicant for a permit to drill an oil or gas well submit a gas capture plan for the well. Filed 1/27/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB1782
HB 1915, by Zafirini, SB 604, identical, Relating to land services performed by a landman. Filed 1/25/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1915.
HB 2443, by Cody Harris, Relating to the authority of certain persons to petition a groundwater conservation district to change certain rules. Filed 2/17/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB2243
SB 257, by Eckhardt, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. Prohibits routine methane flaring, operators must adhere to the USEPA's new source performance standards for methane emissions, implement quarterly inspections, etc. 2/15/2023 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB257.
SB 382, by Zafirini, Companion Bill HB 583, Identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. 2/15/2023 Referret to Water, Agriculture, & Rural Affairs. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB382.
SB 519, by Zaffirini, Relating to the issuance of a permit for a municipal solid waste landfill facility located in a special flood hazard area. 2/17/2023 Referrecd to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB519.
SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman. 2/17/2023 Referred to Natural Resources & Economic Development. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.
SB 624, by Kolkhorst and Middleton, Relating Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees. "This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302.
"Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission." 2/17/2023 Referred to Business & Commerce. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB624.
SB 786, HB 1777 identical, by Birdwell, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." Filed 2/8/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB786
SB 788, by Eckhardt, Alvarado, Gutierrez, LaMantia, and Miles, Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality. Filed 2/8/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB788
Henry M. Wise, P.G.
The Wise Report
2/17/2023
The Wise Report
Henry M. Wise, P.G.
February 10, 2023
The Texas Legislature is back in session through May 29, 2023. I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change. New information is in bold.
HB 57, by Zwiener, Relating to climate change planning and reporting. Filed 11/23/2022. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB57.
HB 570, by Raymond, Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. Filed 11/14/2022. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB570.
HB 583, by Raymond, Companion bill SB-382, identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. Filed 11/14/2022. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB583.
HB 952, by Dulton, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks. "The commission shall set each carcinogenic risk level used by the commission in the development of a protective concentration level, risk-based exposure limit, or any other remediation standard used in connection with this chapter or a rule adopted under this chapter, including the Texas Risk Reduction Program (30 T.A.C. Chapter 350) or a similar program established by the commission, at a rate not greater than one in one million." Filed 12/8/2022. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB952.
HB 1093, by Cunningham, Relating to planning and financial responsibility requirements for certain aggregate production operations; providing for the imposition of an administrative penalty. "The responsible party must submit to the commission certification of the restoration plan, within the appropriate area or discipline, issued by a licensed engineer or licensed geoscientist. Components of the restoration plan may be independently certified, as appropriate." Filed 12/21/2022. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1093
HB 1276, by Hinojosa, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. Filed 1/11/2023, For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1276.
HB 1318, by Darby, Relating to the regulation of brine mining. Filed 1/12/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1318.
HB 1687, by Murr, Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; authorizing an increase in the amount of a fee. Filed 1/26/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1687.
HB 1721, by Raymond, Relating to the regulation of oil and gas waste; imposing a fee. "An applicant shall submit an additional nonrefundable fee of $200 for a permit to drill, deepen, plug back, or reenter a well for which the applicant proposes to use a reserve pit located at the well site to dispose of oil and gas waste, as defined by Section 91.1011, from the well." Filed 1/26/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1721
HB 1777, by Darby, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." Filed 1/27/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1777
HB 1782, by Hinojosa, Relating to a requirement that an applicant for a permit to drill an oil or gas well submit a gas capture plan for the well. Filed 1/27/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB1782
SB 257, by Eckhardt, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. Prohibits routine methane flaring, operators must adhere to the USEPA's new source performance standards for methane emissions, implement quarterly inspections, etc. 12/1/2022 Filed. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB257.
HB 1915, by Zafirini, SB 604, identical, Relating to land services performed by a landman. Filed 1/25/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1915.
SB 382, by Zafirini, Companion Bill HB 583, Identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. Filed 1/11/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB382.
SB 519, by Zaffirini, Relating to the issuance of a permit for a municipal solid waste landfill facility located in a special flood hazard area. Filed 1/20/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB519.
SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman. Filed 1/25/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.
SB 624, by Kolkhorst and Middleton, Relating Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees. "This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302.
"Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission."Filed 1/26/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB624.
SB 788, by Eckhardt, Alvarado, Gutierrez, LaMantia, and Miles, Relating to the creation of the Office of Environmental Justice within the Texas Commission on Environmental Quality. Filed 2/8/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=SB788
Henry M. Wise, P.G.
The Wise Report
2/10/2023
The Wise Report
Henry M. Wise, P.G.
Feberuary 4, 2023
The Texas Legislature is back in session through May 29, 2023. I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change. New information is in bold.
HB 57, by Zwiener, Relating to climate change planning and reporting. Filed 11/23/2022. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB57.
HB 570, by Raymond, Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. Filed 11/14/2022. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB570.
HB 583, by Raymond, Companion bill SB-382, identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. Filed 11/14/2022. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB583.
HB 952, by Dulton, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks. "The commission shall set each carcinogenic risk level used by the commission in the development of a protective concentration level, risk-based exposure limit, or any other remediation standard used in connection with this chapter or a rule adopted under this chapter, including the Texas Risk Reduction Program (30 T.A.C. Chapter 350) or a similar program established by the commission, at a rate not greater than one in one million." Filed 12/8/2022. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB952.
HB 1093, by Cunningham, Relating to planning and financial responsibility requirements for certain aggregate production operations; providing for the imposition of an administrative penalty. "The responsible party must submit to the commission certification of the restoration plan, within the appropriate area or discipline, issued by a licensed engineer or licensed geoscientist. Components of the restoration plan may be independently certified, as appropriate." Filed 12/21/2022. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1093
HB 1276, by Hinojosa, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. Filed 1/11/2023, For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1276.
HB 1318, by Darby, Relating to the regulation of brine mining. Filed 1/12/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1318.
HB 1687, by Murr, Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; authorizing an increase in the amount of a fee. Filed 1/26/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1687.
HB 1721, by Raymond, Relating to the regulation of oil and gas waste; imposing a fee. "An applicant shall submit an additional nonrefundable fee of $200 for a permit to drill, deepen, plug back, or reenter a well for which the applicant proposes to use a reserve pit located at the well site to dispose of oil and gas waste, as defined by Section 91.1011, from the well." Filed 1/26/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1721
HB 1777, by Darby, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." Filed 1/27/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1777
HB 1782, by Hinojosa, Relating to a requirement that an applicant for a permit to drill an oil or gas well submit a gas capture plan for the well. Filed 1/27/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB1782
SB 257, by Eckhardt, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. Prohibits routine methane flaring, operators must adhere to the USEPA's new source performance standards for methane emissions, implement quarterly inspections, etc. 12/1/2022 Filed. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB257.
HB 1915, by Zafirini, SB 604, identical, Relating to land services performed by a landman. Filed 1/25/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1915.
SB 382, by Zafirini, Companion Bill HB 583, Identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. Filed 1/11/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB382.
SB 519, by Zaffirini, Relating to the issuance of a permit for a municipal solid waste landfill facility located in a special flood hazard area. Filed 1/20/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB519.
SB 604, by Zafirini, HB 1915, identical, Relating to land services performed by a landman. Filed 1/25/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.
SB 624, by Kolkhorst and Middleton, Relating Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees. "This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302.
"Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission."Filed 1/26/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB624.
Henry M. Wise, P.G.
The Wise Report
2/4/2023
The Wise Report
Henry M. Wise, P.G.
January 29, 2023
A bill has been introduced in the Virginia State Senate aimed at deregulating various professions, including eliminating licensing of geologists. SB 1480, introduced by Sen. Richard Stuart (R), is currently in committee. The licensure would remain for soil scientists and wetland professionals. If you are licensed in Virginia and/or live in Virginia, you should contact your representative about this. For more information go to: https://lis.virginia.gov/cgi-bin/legp604.exe?231+ful+SB1480
---------------------------------------------------------------------------------------------------------------------
The Texas Legislature is back in session through May 29, 2023. I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change. New information is in bold.
HB 57, by Zwiener, Relating to climate change planning and reporting. Filed 11/23/2022. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB57.
HB 570, by Raymond, Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. Filed 11/14/2022. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB570.
HB 583, by Raymond, Companion bill SB-382, identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. Filed 11/14/2022. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB583.
HB 952, by Dulton, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks. "The commission shall set each carcinogenic risk level used by the commission in the development of a protective concentration level, risk-based exposure limit, or any other remediation standard used in connection with this chapter or a rule adopted under this chapter, including the Texas Risk Reduction Program (30 T.A.C. Chapter 350) or a similar program established by the commission, at a rate not greater than one in one million." Filed 12/8/2022. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB952.
HB 1093, by Cunningham, Relating to planning and financial responsibility requirements for certain aggregate production operations; providing for the imposition of an administrative penalty. "The responsible party must submit to the commission certification of the restoration plan, within the appropriate area or discipline, issued by a licensed engineer or licensed geoscientist. Components of the restoration plan may be independently certified, as appropriate." Filed 12/21/2022. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1093
HB 1276, by Hinojosa, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. Filed 1/11/2023, For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1276.
HB 1318, by Darby, Relating to the regulation of brine mining. Filed 1/12/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1318.
HB 1687, by Murr, Relating to the regulation of certain aggregate production operations by the Texas Commission on Environmental Quality; authorizing an increase in the amount of a fee. Filed 1/26/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1687.
HB 1721, by Raymond, Relating to the regulation of oil and gas waste; imposing a fee. "An applicant shall submit an additional nonrefundable fee of $200 for a permit to drill, deepen, plug back, or reenter a well for which the applicant proposes to use a reserve pit located at the well site to dispose of oil and gas waste, as defined by Section 91.1011, from the well." Filed 1/26/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1721
HB 1777, by Darby, Relating to the regulation by the Railroad Commission of Texas of closed-loop geothermal injection wells. "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." Filed 1/27/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1777
HB 1782, by Hinojosa, Relating to a requirement that an applicant for a permit to drill an oil or gas well submit a gas capture plan for the well. Filed 1/27/2023. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB1782
SB 257, by Eckhardt, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. Prohibits routine methane flaring, operators must adhere to the USEPA's new source performance standards for methane emissions, implement quarterly inspections, etc. 12/1/2022 Filed. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB257.
SB 382, by Zafirini, Companion Bill HB 583, Identical, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. Filed 1/11/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB382.
SB 519, by Zaffirini, Relating to the issuance of a permit for a municipal solid waste landfill facility located in a special flood hazard area. Filed 1/20/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB519.
SB 604, by Zafirini, Relating to land services performed by a landman. Filed 1/25/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB604.
SB 624, by Kolkhorst and Middleton, Relating Relating to the permitting of renewable energy generation facilities by the Public Utility Commission of Texas; authorizing fees. "This subchapter applies to a renewable energy generation facility regardless of whether the facility is the subject of a wind power facility agreement or solar power facility agreement entered into under Chapter 301 or 302.
"Sec. 35.202. LEGISLATIVE POLICY AND PURPOSE. The conservation and development of all the natural resources of this state are declared to be public rights and duties. It is also declared that the protection of the wildlife, water, and land of this state against the impacts of renewable energy generation facilities is in the public interest. In the exercise of the police power of this state, it is necessary and desirable to provide additional means so that the installation and removal of renewable energy generation facilities is placed under the authority and direction of the commission."Filed 1/26/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB624.
Henry M. Wise, P.G.
The Wise Report
1/29/2023
The Wise Report
Henry M. Wise, P.G.
January 14, 2023
The Texas Legislature is back in session through May 29, 2023. I’m currently checking for bills of general interest to geologists in Texas and will be updating this list as things change. New information is in bold.
HB 57, by Zwiener, Relating to climate change planning and reporting. Filed 11/23/2022. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB57.
HB 570, by Raymond, Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. 11/14/2022 Filed. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB570.
HB 952, by Dulton, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks. "The commission shall set each carcinogenic risk level used by the commission in the development of a protective concentration level, risk-based exposure limit, or any other remediation standard used in connection with this chapter or a rule adopted under this chapter, including the Texas Risk Reduction Program (30 T.A.C. Chapter 350) or a similar program established by the commission, at a rate not greater than one in one million." For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB952.
HB 1276, by Hinojosa, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. 1/11/2023 filed, For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1276.
HB 1318, by Darby, Relating to the regulation of brine mining. Filed 1/12/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB1318.
SB 257, by Eckhardt, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. Prohibits routine methane flaring, operators must adhere to the USEPA's new source performance standards for methane emissions, implement quarterly inspections, etc. 12/1/2022 Filed. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB257.
SB 382, by Zafirini, Relating to the production by the Texas Commission on Environmental Quality of an annual report on public drinking water supply systems. Filed 1/11/2023. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB382.
Henry M. Wise, P.G.
The Wise Report
1/14/2023
The Wise Report
Henry M. Wise, P.G.
December 10, 2022
The Texas Legislature will be back in session January 10, 2023 through May 29, 2023. On November 14, 2022 bills began to be filed. I’m currently checking these bills and have found one new bill of general interest to geologists in Texas. New information is in bold.
HB 57, by Zwiener, Relating to climate change planning and reporting. Filed 11/23/2022. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB57.
HB 570, by Raymond, Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. 11/14/2022 Filed. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB570.
HB 952, by Dulton, Relating to the carcinogenic risk level used in the development of certain environmental remediation benchmarks. "The commission shall set each carcinogenic risk level used by the commission in the development of a protective concentration level, risk-based exposure limit, or any other remediation standard used in connection with this chapter or a rule adopted under this chapter, including the Texas Risk Reduction Program (30 T.A.C. Chapter 350) or a similar program established by the commission, at a rate not greater than one in one million." For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB952.
SB 257, by Eckhardt, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. Prohibits routine methane flaring, operators must adhere to the USEPA's new source performance standards for methane emissions, implement quarterly inspections, etc. 12/1/2022 Filed. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB257
Henry M. Wise, P.G.
The Wise Report
12/10/2022
The Wise Report
Henry M. Wise, P.G.
December 3, 2022
The Texas Legislature will be back in session January 10, 2023 through May 29, 2023. On November 14, 2022 bills began to be filed. I’m currently checking these bills and have found one new bill of general interest to geologists in Texas. New information is in bold.
HB 57, by Zwiener, Relating to climate change planning and reporting. Filed 11/23/2022. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB57.
HB 570, by Raymond, Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. 11/14/2022 Filed. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB570.
SB 257, by Eckhardt, Relating to the reduction of methane gas flaring on land dedicated to the permanent university fund. Prohibits routine methane flaring, operators must adhere to the USEPA's new source performance standards for methane emissions, implement quarterly inspections, etc. 12/1/2022 Filed. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=SB257
Henry M. Wise, P.G.
The Wise Report
12/3/2022
The Wise Report
Henry M. Wise, P.G.
November 20, 2022
The Texas Legislature will be back in session January 10, 2023 through May 29, 2023. On November 14, 2022 bills began to be filed. I’m currently checking these bills and have found two of general interest to geologists in Texas. As usual, I’ll be filing updates as new bills come in. New information is in bold.
HB 57, by Zwiener, Relating to climate change planning and reporting. Filed 11/23/2022. For more information go to: https://capitol.texas.gov/BillLookup/History.aspx?LegSess=88R&Bill=HB57.
HB 570, by Raymond, Relating to a study by the Texas Division of Emergency Management of the potential effects of droughts and wildfires in this state. 11/14/2022 Filed. For more information go to: https://capitol.texas.gov/BillLookup/history.aspx?LegSess=88R&Bill=HB570.
Henry M. Wise, P.G.
The Wise Report
11/20/2022
The Wise Report
Henry M. Wise, P.G.
September 17, 2022
The Texas Board of Professional Geoscientists (TBPG) adopts an amendment to 22 TAC §851.22 Waivers and Substitutions: Policy, Procedures, and Criteria. This amendment is adopted with minor clarifying changes to the proposed text. The adopted amendment to 22 TAC §851.22(e) includes adding a new paragraph (8) that describes the eligibility requirements and procedures for waiving the Texas Geophysics Examination (TGE), a practice-level exam the board otherwise requires. The changes added at adoption clarify that the years of work and supervisory experience required for a waiver must be completed years. For more information go to: https://www.sos.state.tx.us/texreg/archive/September162022/Adopted%20Rul....
Henry M. Wise, P.G.
The Wise Report
9/17/2022
The Wise Report
Henry M. Wise, P.G.
July 9, 2022
The June issue of the Texas Railroad Commission’s Energy News newsletter (https://rrc.texas.gov/resource-center/reports-and-publications/rrc-energy-news/) has two interesting articles in it. The first is its final response plan for seismic response areas in the Permian Basin, the Stanton SRA. The article discusses the conditions for shallow and deep disposal wells in this area.
The second article discusses a deep (more than a mile deep in some places) freshwater aquifer identified in the Eagle Pass area. It’s not recharged by the Rio Grand but via karsts in the hills more than 50 miles west of the river in Mexico. The water crosses into Texas under the Rio Grande and is stored in the Glenn Rose Formation under Maverick, Kinney, Zavala, Dimmit, Uvalde, and Webb counties.
The Texas Board of Professional Geoscientists (TBPG) proposes amendments to 22 TAC §851.22, regarding Waivers and Substitutions: Policy, Procedures, and Criteria. TBPG recently reviewed its waiver policy and is now proposing an amendment to add TBPG's new examination waiver policy for P.G. applicants in the Geophysics discipline.
In subchapter B, proposed amendment in 22 TAC §851.22 (4)(B), (5)(B), and (6)(B) provides clarity and consistency of the wording "not relevant to" versus "irrelevant."
The proposed amendment in 22 TAC §851.22(5)(B) replaces the word "and" with "or" to correct the sentence.
The proposed amendment in 22 TAC §851.22(e) adds a new paragraph (8) that describes the eligibility requirements and procedures for waiving the Texas Geophysics Examination (TGE), a practice-level exam the board otherwise requires.
For more information go to: https://www.sos.state.tx.us/texreg/archive/July82022/Proposed%20Rules/22...
Henry M. Wise, P.G.
The Wise Report
7/9/2022
The Wise Report
Henry M. Wise, P.G.
June 12, 2022
The Texas Commission on Environmental Quality (TCEQ) is currently undergoing Sunset Commission review. The Sunset Commission’s Executive Summary states that “overall, the Sunset review found TCEQ performs admirably administering its complex programs and should be continued. However, the Sunset review also observed confusion and misperceptions about how and why TCEQ makes certain decisions, which contributes to a concerning level of distrust of the agency — by regulated entities, environmental advocates, public officials, and he general public.”
The Sunset Staff found six issues:
1.
TCEQ’s Policies and Processes Lack Full Transparency and Opportunities for Meaningful Public Input, Generating Distrust and Confusion Among Members of the Public.
2.
TCEQ’s Compliance Monitoring and Enforcement Processes Need Improvements to Consistently and Equitably Hold Regulated Entities Accountable.
3.
TCEQ’s Oversight of Water Could Better Protect the State’s Scarce Resources.
4.
TCEQ and OPIC Lack Certain Transparent and Efficient Processes for OPIC to More Effectively Represent the Public’s Interest.
5.
The State Has a Continuing Need for the Texas Commission on Environmental Quality.
6.
The State Benefits From Continued Legislative Oversight of the Texas Low Level Radioactive Waste Disposal Compact Commission.
For more information go to: https://www.sunset.texas.gov/reviews-and-reports/agencies/texas-commissi...
Henry M. Wise, P.G.
The Wise Report
6/12/2022
The Wise Report
Henry M. Wise, P.G.
June 5, 2022
The Texas Board of Professional Geoscientists (TBPG) adopts an amendment to 22 TAC §851.158 regarding TBPG complaint procedures. This amendment is adopted without changes to the proposed text as published in the March 18, 2022, issue of the Texas Register (47 TexReg 1426) and will not be republished. The adopted amendment streamlines TBPG's complaint procedures by decreasing from 30 days to 20 days the amount of time within which a respondent must respond to a notice of alleged violation. The shortened timeframe allows for more timely resolution of complaints. This amendment also makes the agency's practice consistent with other regulatory and occupational licensing agencies in Texas. For more information go to: https://www.sos.state.tx.us/texreg/archive/June32022/Adopted%20Rules/22....
The Texas Commission on Environmental Quality (TCEQ, agency, or commission) adopts amendments to §331.11 without changes to the proposed text as published in the December 31, 2021, issue of the Texas Register (46 TexReg 9189. This rulemaking adoption implements House Bill (HB) 1284, 87th Texas Legislature, Regular Session (RS), 2021, addressing agency jurisdiction over regulation of injection and geologic storage of anthropogenic carbon dioxide (CO2) in Texas.
Class VI underground injection control (UIC) wells are authorized under the federal Safe Drinking Water Act and are used to inject anthropogenic CO2 into the subsurface for geologic sequestration and storage. Owners and operators of these wells must first obtain a permit from the United States Environmental Protection Agency (EPA) in order to inject and store anthropogenic CO2, unless EPA has delegated permitting jurisdiction, known as "primacy," to a state to issue such permits. Texas has primacy over the permitting of all other classes of UIC wells, but not over Class VI wells. Prior to HB 1284, Chapter 27 of the Texas Water Code (TWC) split jurisdiction over Class VI wells between the Railroad Commission of Texas (RRC) and the TCEQ, depending on the type of project producing the anthropogenic CO2 and the zone into which the anthropogenic CO2 will be injected. In HB 1284, the legislature consolidated the jurisdiction over onshore and offshore Class VI UIC wells solely to the RRC and directed the RRC to apply for and obtain primacy of this permitting program from the EPA.
Although permitting of Class VI injection wells under HB 1284 is delegated solely to the RRC, the TCEQ will be required to issue a letter of determination to an applicant who is pursuing a Class VI permit from the RRC stating that Class VI injection operations 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 TCEQ. For more information, go to: https://www.sos.state.tx.us/texreg/archive/June32022/Adopted%20Rules/30....
Henry M. Wise, P.G.
The Wise Report
6/5/2022
The Wise Report
Henry M. Wise, P.G.
February 27, 2022
The Texas Board of Professional Geoscientists (TBPG) adopts amendments concerning the licensure and regulation of Professional Geoscientists in Texas. TBPG adopts amendments to 22 TAC §§850.10, 850.61 - 850.63, and 850.65 regarding definitions, organization, and responsibilities. Adopted amendments to TBPG rules add acronyms and correct wording and grammar for consistency. These amendments are adopted without changes to the proposed text as published in the October 22, 2021, issue of the Texas Register (46 TexReg 7160).
The TBPG also adopts amendments to rules and repeals concerning the licensure and regulation of Professional Geoscientists in Texas. TBPG adopts amendments to 22 TAC §§851.10, 851.20 - 851.22, 851.28 - 851.32, 851.40, 851.43, 851.85, 851.101 - 851.106, 851.108, 851.109, 851.111 - 851.113, 851.151 - 851.153, 851.156 - 851.159, 851.203, 851.204, 851.220 regarding TBPG licensing and enforcement rules. TBPG also repeals 22 TAC §851.83 regarding temporary exemption of certain licensees from continuing education requirements, and 22 TAC §851.154 regarding student loan default being ground for nonrenewal of license. TBPG is now adopting these amendments and repeals to its rules to make clarifications and changes and to correct wording and grammar. The adopted amendments clarify definitions regarding geoscience firms, remove a definition for a sole proprietor, and add a definition for a sole practitioner. The adopted amendment to 851.30 modifies the application process for geoscience firms to now require a federal employer identification number (EIN) instead of the previous requirement for a certificate of authority from the Office of the Secretary of State. This modification will assist in streamlining the process for registrants and it will be more consistent with other licensing agencies in the state of Texas. The adopted amendments add TBPG's new examination waiver policy for P.G. applicants in the Soil Science discipline. Adopted amendments make changes throughout the rules to remove the name "National Association of State Board of Geology (ASBOG®)" where it appears and replace it with the shortened name "ASBOG®" when referring to the provider of the Geology Fundamentals and Practice exams. Other adopted changes throughout the rules capitalize the word "Firm" when it refers to a registered geoscience firm, change the phrase "public health, safety, and welfare" for consistency, add acronyms where possible, and correct wording and grammar for accuracy. These amendments and repeals are adopted without changes to the proposed text as published in the October 22, 2021, issue of the Texas Register (46 TexReg 7162) and will not be republished.
For more information, go to: https://www.sos.state.tx.us/texreg/archive/February252022/Adopted%20Rule...
Henry M. Wise, P.G.
The Wise Report
2/27/2022
The Wise Report
Henry M. Wise, P.G.
December 5, 2021
Senate Bill (SB) 703, 87th Regular Legislature, removed the Texas Department of Agriculture's (TDA) roles and responsibilities related to regulation of the aquaculture industry. Previously, the Texas Commission on Environmental Quality (TCEQ), the TDA, and the Texas Parks and Wildlife Department (TPWD) coordinated on regulating the aquaculture industry. This multi-agency coordination is codified in a Memorandum of Understanding (MOU) in 30 Texas Administrative Code (TAC) §7.103. This rulemaking revises the MOU to remove TDA from this multi-agency coordination.
Additional updates to the MOU are proposed, based on TCEQ rule changes related to the aquaculture industry since the MOU was last adopted. These include repeal of the permit-by-rule and exemptions in Chapter 321, Subchapter O, and the issuance of the Aquaculture General Permit Number TXG130000. For more information go to: https://www.sos.state.tx.us/texreg/archive/December32021/Proposed%20Rule...
Henry M. Wise, P.G.
The Wise Report
12/5/2021