reglab/housing_qa huggingface dataset:
TX Nat Res Code § 134.129 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter F. Bonds and Deposits|Section 134.129. Notice

Sec. 134.129.  NOTICE.  (a)  Not later than the 30th day after the date the permit holder files with the commission an application for release of a bond or deposit, the permit holder shall submit a copy of an advertisement placed at least once a week for four consecutive weeks in a newspaper of general circulation in the locality of the surface coal mining operation.  The advertisement is part of a bond release application and shall:(1)  identify the precise location of the land affected;(2)  state the number of acres;(3)  identify the permit and the date the permit was approved;(4)  state the amount of the bond filed and the portion sought to be released;(5)  describe the type and give appropriate dates of reclamation work performed;  and(6)  describe the results achieved as they relate to the permit holder's reclamation plan.(b)  As part of a bond release application, the applicant shall submit copies of letters the applicant has sent to adjoining property owners, local governmental bodies, planning agencies, and sewage and water treatment authorities in the locality, as the commission directs, notifying them of the applicant's intention to seek release from the bond.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.130 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter F. Bonds and Deposits|Section 134.130. Inspection and Evaluation

Sec. 134.130.  INSPECTION AND EVALUATION.  (a)  Not later than the 30th day after the date the commission receives a request under Section 134.128 and a copy of an advertisement or letters under Section 134.129, the commission shall inspect and evaluate the reclamation work involved.(b)  The evaluation shall consider, among other things:(1)  the degree of difficulty in completing any remaining reclamation;(2)  whether pollution of surface and subsurface water is occurring;(3)  the probability that pollution will continue to occur in the future;  and(4)  the estimated cost of abating the pollution.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.131 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter F. Bonds and Deposits|Section 134.131. Release of Bond or Deposit

Sec. 134.131.  RELEASE OF BOND OR DEPOSIT.  (a)  The commission may release part or all of the bond or deposit if the commission is satisfied that the reclamation covered by the bond or deposit or part of the reclamation has been accomplished as required by this chapter according to the schedule provided by this section.(b)  The commission may release 60 percent of the bond or deposit for the applicable permit area if the permit holder completes the backfilling, regrading, and drainage control of a bonded area in accordance with the reclamation plan.(c)  The commission may release part of the bond after successful revegetation has been established on the regraded mined lands in accordance with the reclamation plan.  In determining the amount of the bond to be released under this subsection, the commission shall retain, for the period of permit holder responsibility specified under Section 134.092(a)(20), 134.104, or 134.105, a bond amount for the revegetated area that is sufficient for a third party to establish revegetation.(d)  The commission may not release any of the bond or deposit under Subsection (c) if:(1)  the land to which the release would apply is contributing suspended solids to streamflow or runoff outside the permit area in excess of the requirements of Section 134.092(a)(10);  or(2)  soil productivity for prime farmland has not returned to levels of yield equivalent to those of nonmined land of the same soil type in the surrounding area under equivalent management practices, as determined from the soil survey performed under Section 134.052(a)(16).(e)  If a silt dam will be retained as a permanent impoundment under Section 134.092(a)(8), the commission may release the part of the bond authorized by Subsection (c) after provisions for sound future maintenance have been made with the commission.(f)  The commission may release the remaining part of the bond if:(1)  the permit holder has successfully completed all surface coal mining and reclamation activities;(2)  the period of permit holder responsibility specified under Section 134.092(a)(20), 134.104, or 134.105 has expired;  and(3)  all reclamation requirements of this chapter have been met.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.132 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter F. Bonds and Deposits|Section 134.132. Notice to Permit Holder of Decision to Approve or Disapprove Release

Sec. 134.132.  NOTICE TO PERMIT HOLDER OF DECISION TO APPROVE OR DISAPPROVE RELEASE.  (a)  The commission shall notify the permit holder in writing of its decision to release or not to release all or part of the bond or deposit:(1)  not later than the 60th day after the date the request is filed if a public hearing is not held;  or(2)  not later than the 30th day after the date of the hearing if a public hearing is held.(b)  If the commission disapproves the application for release of all or part of the bond, it shall notify the permit holder, in writing:(1)  stating the reasons for disapproval;(2)  recommending corrective actions necessary to secure the release;  and(3)  allowing opportunity for a public hearing.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.133 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter F. Bonds and Deposits|Section 134.133. Notice to County Judge

Sec. 134.133.  NOTICE TO COUNTY JUDGE.  Not later than the 31st day before the date of release of all or part of a bond, the commission, by certified mail, shall notify the county judge of any county in which the surface coal mining operation is located that an application for the release has been filed with the commission.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.134 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter F. Bonds and Deposits|Section 134.134. Objections to Release

Sec. 134.134.  OBJECTIONS TO RELEASE.  (a)  A person is entitled to file a written objection to a proposed release of a bond if the person:(1)  has a legal interest that might be adversely affected by release of the bond;  or(2)  is the responsible officer or head of a federal, state, or local governmental agency that:(A)  has jurisdiction by law or has special expertise with respect to an environmental, social, or economic impact involved in the mining operation;  or(B)  is authorized to develop and enforce environmental standards with respect to the operation.(b)  Objections must be filed with the commission not later than the 30th day after the date of the last publication of the notice under Section 134.129.(c)  If a written objection is filed and a public hearing is requested, not later than the 30th day after the date the hearing is requested the commission shall:(1)  inform the interested parties of the time and place of the hearing;  and(2)  hold the hearing in the locality of the surface coal mining operation or at the state capital, at the option of the person objecting to the proposed release.(d)  The commission shall advertise the date, time, and location of the hearing in a newspaper of general circulation in the locality of the surface coal mining operation for two consecutive weeks.(e)  The hearing and any appeal shall be conducted under Chapter 2001, Government Code.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.141 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter G. Abandoned Mine Reclamation|Section 134.141. Fund Participation

Sec. 134.141.  FUND PARTICIPATION.  (a)  The commission may take any action necessary to:(1)  ensure this state's participation to the fullest extent practicable in the abandoned mine reclamation fund established by the federal Act;  and(2)  act as this state's agency for that participation.(b)  Under the federal Act, the commission by rule shall:(1)  establish priorities that meet the terms of that Act for the expenditure of money in the fund;(2)  designate the land and water eligible for reclamation or abatement expenditures;(3)  submit reclamation plans, annual projects, and applications to the appropriate authorities under that Act;  and(4)  administer money received for abandoned mine reclamation or related purposes.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.142 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter G. Abandoned Mine Reclamation|Section 134.142. Eligibility of Land and Water

Sec. 134.142.  ELIGIBILITY OF LAND AND WATER.  Land and water are eligible for reclamation or abatement expenditures under this subchapter if the land and water are eligible for reclamation or abatement expenditures under the federal Act.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1307, Sec. 1, eff. Sept. 1, 1997.|
TX Nat Res Code § 134.143 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter G. Abandoned Mine Reclamation|Section 134.143. Right of Entry

Sec. 134.143.  RIGHT OF ENTRY.  The commission is entitled to enter any property to conduct studies or exploratory work to determine:(1)  the existence of adverse effects of past coal mining practices;  and(2)  the feasibility of restoration, reclamation, abatement, control, or prevention of those adverse effects.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.144 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter G. Abandoned Mine Reclamation|Section 134.144. Reclamation by Commission

Sec. 134.144.  RECLAMATION BY COMMISSION.  (a)  The commission is entitled to enter property adversely affected by past coal mining practices or other property necessary to have access to that property to do the things necessary or expedient to restore, reclaim, abate, control, or prevent the adverse effects if the commission:(1)  makes a finding of fact that:(A)  land or water resources have been adversely affected by past coal mining practices;(B)  the adverse effects are at a stage at which, in the public interest, action to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices should be taken;  and(C)  the owners of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices:(i)  are not known or readily available;  or(ii)  will not permit this state or a political subdivision to enter the property to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices;  and(2)  gives notice by mail to the owners, if known, or, if not known, by posting notice on the premises and advertising once in a newspaper of general circulation in the county in which the land lies.(b)  The money expended for the work and the benefits accruing to the premises entered are chargeable against the land and mitigate or offset a claim for, or an action brought by an owner of an interest in the premises for, damages from the entry.  This subsection does not create a new right of action or eliminate an existing immunity.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.145 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter G. Abandoned Mine Reclamation|Section 134.145. Acquisition

Sec. 134.145.  ACQUISITION.  This state may acquire by purchase, donation, or condemnation land that is adversely affected by past coal mining practices if:(1)  it is in the public interest;  and(2)  the commission determines that:(A)  acquiring the land is necessary for successful reclamation;(B)  the acquired land, after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices, will:(i)  serve recreational and historical purposes;(ii)  serve conservation and reclamation purposes;  or(iii)  provide open space benefits;  and(C)  permanent facilities such as a treatment plant or a relocated stream channel will be constructed on the land for the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices, acquisition of coal refuse disposal sites and the coal refuse on those sites will serve the purposes of this section, or public ownership is desirable to meet emergency situations and prevent recurrences of the adverse effects of past coal mining practices.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.146 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter G. Abandoned Mine Reclamation|Section 134.146. Title

Sec. 134.146.  TITLE.  Title to land acquired under Section 134.145 shall be in the name of this state.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.147 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter G. Abandoned Mine Reclamation|Section 134.147. Cost of Land

Sec. 134.147.  COST OF LAND.  The price paid for land acquired under Section 134.145 shall reflect the market value of the land as adversely affected by past coal mining practices.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.148 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter G. Abandoned Mine Reclamation|Section 134.148. Sale of Acquired Land

Sec. 134.148.  SALE OF ACQUIRED LAND.  (a)  If land acquired under Section 134.145 is considered suitable for industrial, commercial, residential, or recreational development, this state may sell the land by public sale under a system of competitive bidding at not less than fair market value and under rules adopted to ensure that the land is put to proper use consistent with local plans, if any, as determined by the commission.(b)  The land may be sold only when authorized by the secretary of the interior if federal money was involved in the acquisition of the land to be sold.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.149 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter G. Abandoned Mine Reclamation|Section 134.149. Hearing on Sale

Sec. 134.149.  HEARING ON SALE.  (a)  The commission, after appropriate public notice and on request, shall hold a public hearing in the county or counties in which land acquired under Section 134.145 is located.(b)  The hearing shall be held at a time that gives residents and local governments maximum opportunity to participate in the decision about the use or disposition of the land after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.150 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter G. Abandoned Mine Reclamation|Section 134.150. Lien

Sec. 134.150.  LIEN.  (a)  Not later than six months after the date projects to reclaim privately owned land are completed, the commission:(1)  shall itemize the money spent;  and(2)  may file a statement of the money spent with the clerk of the county in which the land lies, together with a notarized appraisal by an independent appraiser of the value of the land before the restoration, reclamation, abatement, control, or prevention of the adverse effects of past mining practices if the money spent will result in a significant increase in property value.(b)  The statement is a lien on the land second only to a property tax lien.  The amount of the lien may not exceed the amount determined by either of two appraisals to be the increase in the market value of the land as a result of the restoration, reclamation, abatement, control, or prevention of the adverse effects of past mining practices.(c)  A lien may not be filed under this section against the property of a person who did not consent to, participate in, or exercise control over the mining operation that necessitated the reclamation performed under this chapter.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.Amended by: Acts 2007, 80th Leg., R.S., Ch. 815 (S.B. 1666), Sec. 1, eff. June 15, 2007.|
TX Nat Res Code § 134.151 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter G. Abandoned Mine Reclamation|Section 134.151. Hearing on Lien

Sec. 134.151.  HEARING ON LIEN.  Not later than the 60th day after the date the lien is filed, an affected landowner may petition the commission for a hearing on the amount of the lien.  The hearing and any appeal shall be conducted under Chapter 2001, Government Code.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.152 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter G. Abandoned Mine Reclamation|Section 134.152. Emergency Powers

Sec. 134.152.  EMERGENCY POWERS.  (a)  The commission may spend money available for abandoned mine reclamation for the emergency restoration, reclamation, abatement, control, or prevention of the adverse effects of coal mining practices on eligible land and water if the commission finds that:(1)  an emergency exists constituting a danger to the public health, safety, or general welfare;  and(2)  there is not another person who will act expeditiously to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices.(b)  The commission may enter land where an emergency exists and other land necessary to have access to that land to:(1)  restore, reclaim, abate, control, or prevent the adverse effects of coal mining practices;  and(2)  do the things necessary or expedient to protect the public health, safety, or general welfare.(c)  Entry under this section is an exercise of the police power and not an act of condemnation of property or trespass.(d)  Money spent under this section and the benefits accruing to the premises entered are chargeable against the land and mitigate or offset a claim for, or an action brought by an owner of an interest in the premises for, damages by virtue of the entry.  This subsection does not create a new right of action or eliminate an existing immunity.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.161 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter H. Enforcement|Section 134.161. Condition, Practice, or Violation Creating Imminent Danger or Causing Imminent Harm

Sec. 134.161.  CONDITION, PRACTICE, OR VIOLATION CREATING IMMINENT DANGER OR CAUSING IMMINENT HARM.  (a)  The commission or its authorized representative shall immediately order the cessation of surface coal mining operations or the relevant part of those operations if, after an inspection, the commission or its authorized representative determines that:(1)  a condition exists, a practice exists, or a violation of this chapter or a permit condition required by this chapter exists;  and(2)  the condition, practice, or violation:(A)  creates an imminent danger to the health or safety of the public;  or(B)  is causing or can reasonably be expected to cause significant imminent environmental harm to land, air, or water resources.(b)  The commission, in addition to the cessation order, shall require the operator to take any steps the commission considers necessary to completely abate the imminent danger to health or safety or significant imminent environmental harm if the commission finds that the ordered cessation will not completely abate the imminent danger or environmental harm.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.162 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter H. Enforcement|Section 134.162. Violation Not Creating Imminent Danger or Causing Imminent Harm

Sec. 134.162.  VIOLATION NOT CREATING IMMINENT DANGER OR CAUSING IMMINENT HARM.  (a)  The commission or its authorized representative shall issue a notice to a permit holder who is violating this chapter or a permit condition required by this chapter and shall set a reasonable time not to exceed 90 days for abating the violation if, after an inspection, the commission or its authorized representative determines that:(1)  the permit holder is violating this chapter or a permit condition required by this chapter;  and(2)  the violation:(A)  does not create an imminent danger to the health or safety of the public;  and(B)  is not causing or reasonably expected to cause significant imminent environmental harm to land, air, or water resources.(b)  The commission or its authorized representative shall order a cessation of surface mining operations or the part of the operations relevant to the violation if:(1)  the time for abatement, as originally set or subsequently extended, expires;(2)  the commission or its authorized representative shows good cause;  and(3)  the commission or its authorized representative finds in writing that the violation has not been abated.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.163 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter H. Enforcement|Section 134.163. Term of Cessation Order

Sec. 134.163.  TERM OF CESSATION ORDER.  Except as provided by Section 134.167, a cessation order under Section 134.161 or 134.162 remains in effect until the commission:(1)  determines the condition, practice, or violation has been abated;  or(2)  modifies, vacates, or terminates the order under Section 134.166.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 25.01(i), eff. Sept. 1, 1997.|