reglab/housing_qa huggingface dataset:
TX Nat Res Code § 134.066 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter D. Surface Coal Mining Permits|Section 134.066. Written Findings Required

Sec. 134.066.  WRITTEN FINDINGS REQUIRED.  (a)  The commission may not approve an application for a permit or a permit revision unless it finds, in writing, using the information in the application or information otherwise available that will be documented in the approval and made available to the applicant, that:(1)  the application is accurate and complete and complies with this chapter;(2)  the applicant has demonstrated that the reclamation required by this chapter can be accomplished under the reclamation plan contained in the application;(3)  the commission has assessed the probable cumulative impact that all anticipated surface coal mining in the area will have on the hydrologic balance, and the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area;(4)  the area proposed to be mined is not included in an area:(A)  designated unsuitable for surface coal mining under this chapter;  or(B)  under study for this designation in an administrative proceeding begun under this chapter;(5)  the proposed surface coal mining operation, if located west of the 100th meridian west longitude, will not:(A)  interrupt, discontinue, or preclude farming on alluvial valley floors that are irrigated or naturally subirrigated, excluding:(i)  undeveloped rangeland that is not significant to farming on the alluvial valley floors;  and(ii)  land on which the commission finds that the farming to be interrupted, discontinued, or precluded is of such small acreage as to have negligible impact on the farm's agricultural production;  or(B)  materially damage the quantity or quality of water in surface or underground water systems that supply those valley floors;  and(6)  the applicant has submitted to the commission, if the ownership of the coal has been severed from the private surface estate:(A)  the surface owner's written consent to the extraction of coal by surface mining methods;  or(B)  a conveyance that expressly grants or reserves the right to extract the coal by surface mining methods.(b)  Subsection (a)(4)(B) does not apply to an area as to which an administrative proceeding has begun if the applicant demonstrates that, before January 1, 1977, the applicant made substantial legal and financial commitments in relation to the operation for which the applicant is applying for a permit.(c)  Subsection (a)(5) does not apply to a surface coal mining operation that in the year preceding May 9, 1979:(1)  produced coal in commercial quantities and was located in or adjacent to alluvial valley floors;  or(2)  had obtained specific permit approval by the commission to conduct surface coal mining operations in the alluvial valley floors.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.067 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter D. Surface Coal Mining Permits|Section 134.067. Determination of Ownership

Sec. 134.067.  DETERMINATION OF OWNERSHIP.  If the ownership of the coal has been severed from the private surface estate by a conveyance that does not expressly grant the right to extract coal by surface mining methods, the surface-subsurface legal relationship shall be determined in accordance with state law.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.068 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter D. Surface Coal Mining Permits|Section 134.068. Schedule of Notices of Violations

Sec. 134.068.  SCHEDULE OF NOTICES OF VIOLATIONS.  (a)  The applicant shall file with the application a schedule listing any notices of violations of this chapter, the federal Act, a federal regulation or federal or state program adopted under the federal Act, or another law, rule, or regulation of the United States, this state, or a department or agency in the United States pertaining to air or water environmental protection incurred by the applicant in connection with a surface coal mining operation during the three years before the application date.(b)  The schedule must indicate the final resolution of any notice of violation.|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(f), eff. Sept. 1, 1997.|
TX Nat Res Code § 134.069 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter D. Surface Coal Mining Permits|Section 134.069. Effect of Past or Present Violation

Sec. 134.069.  EFFECT OF PAST OR PRESENT VIOLATION.  (a)  If the schedule under Section 134.068 or other information available to the commission indicates that a surface coal mining operation owned or controlled by the applicant is currently in violation of this chapter or another law referred to in Section 134.068, the commission may not issue a permit until the applicant submits proof that the violation has been corrected or is being corrected to the satisfaction of the commission, department, or agency with jurisdiction over the violation.(b)  The commission may not issue a permit to an applicant if it finds, after opportunity for hearing, that the applicant or operator specified in the application controls or has controlled mining operations with a demonstrated pattern of wilful violations of this chapter or another law referred to in Section 134.068 that, by their nature and duration and the resulting irreparable damage to the environment, indicate an intent not to comply with this chapter or another law referred to in that section.(c)  Notwithstanding Subsections (a) and (b), the commission may not deny an applicant's permit application based on a previous violation by the applicant that occurred in connection with a surface coal mining operation conducted on previously mined land if the violation resulted from an event or condition that was not contemplated in the permit for the surface coal mining operation.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 165, Sec. 25.01(f), eff. Sept. 1, 1997.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 442 (S.B. 1295), Sec. 2, eff. June 17, 2011.|
TX Nat Res Code § 134.070 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter D. Surface Coal Mining Permits|Section 134.070. Permit for Mining on Prime Farmland

Sec. 134.070.  PERMIT FOR MINING ON PRIME FARMLAND.  (a)  After consulting with the secretary of agriculture and under regulations issued under the federal Act by the secretary of the interior with the concurrence of the secretary of agriculture, the commission shall grant a permit to mine on prime farmland if:(1)  the area proposed to be mined contains prime farmland;(2)  the commission makes the findings required by Section 134.066 for the application under consideration;  and(3)  the commission in addition finds in writing that:(A)  the operator has the technological capability to restore the mined area within a reasonable time to a level of yield equal to or higher than that of nonmined prime farmland in the surrounding area under equivalent levels of management;  and(B)  the applicant can meet the soil reconstruction standards of the federal Act.(b)  This section does not apply to:(1)  a permit issued before August 3, 1977;(2)  a revision or renewal of a permit issued before August 3, 1977;  or(3)  an existing surface mining operation for which a permit was issued before August 3, 1977.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.071 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter D. Surface Coal Mining Permits|Section 134.071. Term

Sec. 134.071.  TERM.  (a)  A permit is issued for a term not to exceed five years.(b)  The commission may grant a permit for a specified longer term if:(1)  an applicant demonstrates that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing for equipment or the opening of the operation;  and(2)  the application for the specified longer term is complete.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.072 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter D. Surface Coal Mining Permits|Section 134.072. Termination on Failure to Begin Operations

Sec. 134.072.  TERMINATION ON FAILURE TO BEGIN OPERATIONS.  (a)  A permit terminates if the permit holder has not begun the surface coal mining operation covered by the permit on or before the third anniversary of the date on which the period for which the permit is issued begins.(b)  The commission may grant reasonable extensions of time on a showing that the extensions are necessary because of:(1)  litigation that precludes the beginning of operations or threatens substantial economic loss to the permit holder;  or(2)  conditions beyond the control and without the fault or negligence of the permit holder.(c)  With respect to coal to be mined for use in a synthetic fuel facility or specific major electric generating facility, a permit holder is considered to have begun surface mining operations at the time the construction of the facility is initiated.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.073 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter D. Surface Coal Mining Permits|Section 134.073. Successor in Interest

Sec. 134.073.  SUCCESSOR IN INTEREST.  A successor in interest to a permit holder may continue the surface coal mining and reclamation plan of the original permit holder until the successor's application is granted or denied if the successor:(1)  applies for a new permit not later than the 30th day after the date the person succeeds to the interest;  and(2)  is able to obtain the same bond coverage as the original permit holder.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.074 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter D. Surface Coal Mining Permits|Section 134.074. Right to Renewal

Sec. 134.074.  RIGHT TO RENEWAL.  A permit issued under this chapter carries with it the right of successive renewal on expiration for areas within the boundaries of the existing permit.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.075 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter D. Surface Coal Mining Permits|Section 134.075. Application for and Issuance of Renewal

Sec. 134.075.  APPLICATION FOR AND ISSUANCE OF RENEWAL.  (a)  A permit holder may apply for renewal.(b)  After the public notice requirements of Sections 134.058 through 134.062 have been met, the commission shall renew the permit unless the opponents of renewal establish and the commission makes written findings that:(1)  the terms of the existing permit are not being satisfactorily met;(2)  the present surface coal mining and reclamation operation does not comply with the environmental protection standards of this chapter;(3)  the requested renewal substantially jeopardizes the operator's continuing responsibility for existing permit areas;(4)  the operator has not provided evidence that the performance bond in effect for the operation and any additional bond the commission may require under Section 134.121 will continue in effect for the renewal requested in the application;  or(5)  additional revised or updated information required by the commission has not been provided.(c)  Before renewing a permit, the commission shall notify the appropriate public authorities.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.076 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter D. Surface Coal Mining Permits|Section 134.076. Extension of Permit Area

Sec. 134.076.  EXTENSION OF PERMIT AREA.  (a)  Except for incidental boundary revisions, an extension of the permit area must be made by application for another permit.(b)  If an application for renewal of an existing permit includes a proposal to extend the mining operation beyond the boundaries authorized in the permit, the part of the application that addresses new land areas must meet all standards applicable to a new application under this chapter.(c)  Notwithstanding Subsection (b), if the surface coal mining operations authorized by the existing permit are not subject to the standards contained in Section 134.066(a)(5), the part of the application for renewal that addresses new land areas previously identified in the reclamation plan submitted under Section 134.041 is not subject to those standards.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.077 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter D. Surface Coal Mining Permits|Section 134.077. Term of Renewal Permit

Sec. 134.077.  TERM OF RENEWAL PERMIT.  A permit renewal is for a term not to exceed the term of the original permit established by this chapter.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.078 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter D. Surface Coal Mining Permits|Section 134.078. Time Limit for Renewal Application

Sec. 134.078.  TIME LIMIT FOR RENEWAL APPLICATION.  Application for permit renewal must be made not later than the 120th day before the date the existing permit expires.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.079 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter D. Surface Coal Mining Permits|Section 134.079. Application for Permit Revision

Sec. 134.079.  APPLICATION FOR PERMIT REVISION.  During the term of a permit, the permit holder may submit to the commission an application for a permit revision, together with a revised reclamation plan.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.080 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter D. Surface Coal Mining Permits|Section 134.080. Approval of Permit Revision

Sec. 134.080.  APPROVAL OF PERMIT REVISION.   The commission may not approve an application for a permit revision unless the commission finds that reclamation as required by this chapter can be accomplished under the revised reclamation plan.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 143 (S.B. 1478), Sec. 2, eff. May 27, 2011.|
TX Nat Res Code § 134.081 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter D. Surface Coal Mining Permits|Section 134.081. Guidelines for Revision

Sec. 134.081.  GUIDELINES FOR REVISION.  (a)  The commission shall establish guidelines for determining the scale or extent of a revision request for which all permit application information requirements and procedures, including notice and hearings, apply.(b)  A revision that proposes significant alterations in the reclamation plan is subject at a minimum to notice and hearing requirements.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.082 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter D. Surface Coal Mining Permits|Section 134.082. Commission Requirement of Permit Revision or Modification

Sec. 134.082.  COMMISSION REQUIREMENT OF PERMIT REVISION OR MODIFICATION.  (a)  The commission, within a time prescribed by rule, shall review outstanding permits and may require reasonable revision or modification of a permit during the term of the permit.(b)  A revision or modification must be supported by a written finding and is subject to the notice and hearing requirements of Chapter 2001, Government Code.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.083 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter D. Surface Coal Mining Permits|Section 134.083. Transfer of Permit

Sec. 134.083.  TRANSFER OF PERMIT.  A person may not transfer, assign, or sell the rights granted under a permit issued under this chapter without the written approval of the commission.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.084 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter D. Surface Coal Mining Permits|Section 134.084. Suspension or Rescission of Improvidently Issued Permit

Sec. 134.084.  SUSPENSION OR RESCISSION OF IMPROVIDENTLY ISSUED PERMIT.  (a)  The commission may suspend or rescind an improvidently issued permit under rules adopted by the commission.(b)  A rule adopted by the commission under this section must be consistent with and not less effective than a regulation adopted under the federal Act.(c)  Except as provided by Subsection (d), Chapter 2001, Government Code, does not apply to an action by the commission under this section to suspend or rescind an improvidently issued permit.(d)  A permit holder who is given notice of suspension or rescission of an improvidently issued permit under this section may file an appeal for administrative review of the notice as provided by commission rules.  The review is governed by Chapter 2001, Government Code.|Added by Acts 1997, 75th Leg., ch. 165, Sec. 25.01(g), eff. Sept. 1, 1997.|
TX Nat Res Code § 134.091 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter E. Performance Standards|Section 134.091. Operations Required to Meet Performance Standards

Sec. 134.091.  OPERATIONS REQUIRED TO MEET PERFORMANCE STANDARDS.  A permit issued under this chapter to conduct surface coal mining operations shall require that the operations meet the applicable performance standards of this chapter.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.093 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter E. Performance Standards|Section 134.093. Backfilling, Grading, and Compacting: Insufficient Overburden

Sec. 134.093.  BACKFILLING, GRADING, AND COMPACTING:  INSUFFICIENT OVERBURDEN.  (a)  This section applies to a surface coal mining operation:(1)  that is carried out at the same location over a substantial period;(2)  that transects the coal deposit;(3)  in which the thickness of the coal deposit relative to the volume of the overburden is large;  and(4)  for which the operator demonstrates that the overburden and other spoil and waste materials at a particular point in the permit area or otherwise available from the entire permit area are insufficient, considering volumetric expansion, to restore the approximate original contour.(b)  Notwithstanding Section 134.092(a)(3), the operator, at a minimum, shall backfill, grade, and compact, where advisable, using the available overburden and other spoil and waste materials to attain the lowest practicable grade but not more than the angle of repose, to provide adequate drainage, and to cover the acid-forming and other toxic materials in order to achieve an ecologically sound land use compatible with the surrounding region.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.094 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter E. Performance Standards|Section 134.094. Backfilling, Grading, and Compacting: Sufficient Overburden

Sec. 134.094.  BACKFILLING, GRADING, AND COMPACTING:  SUFFICIENT OVERBURDEN.  (a)  This section applies to a surface coal mining operation:(1)  in which the volume of overburden is large relative to the thickness of the coal deposit;  and(2)  for which the operator demonstrates that because of volumetric expansion the amount of overburden and other spoil and waste materials removed in the course of the mining operation is more than sufficient to restore the approximate original contour.(b)  Notwithstanding Section 134.092(a)(3), the operator shall, after restoring the approximate contour, backfill, grade, and compact, where advisable, the excess overburden and other spoil and waste materials to attain the lowest grade but not more than the angle of repose and to cover the acid-forming and other toxic materials in order to achieve an ecologically sound land use compatible with the surrounding region.  The overburden or spoil shall be shaped and graded to prevent slides, erosion, and water pollution and shall be revegetated in accordance with this chapter.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.095 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 134 - Texas Surface Coal Mining and Reclamation Act|Subchapter E. Performance Standards|Section 134.095. Maintenance of Topsoil or Other Strata

Sec. 134.095.  MAINTENANCE OF TOPSOIL OR OTHER STRATA.  (a)  The performance standards shall require that, if the topsoil is not replaced on a backfill area within a time short enough to avoid deterioration of the topsoil, the operator shall maintain a successful cover by quick-growing plant or other means so that the topsoil:(1)  is preserved from wind and water erosion;(2)  remains free of contamination by other acid or toxic material;  and(3)  is in a usable condition for sustaining vegetation when restored during reclamation.(b)  The performance standards shall require that, if topsoil is of insufficient quantity or of poor quality for sustaining vegetation requirements or if other strata can be shown to be more suitable for vegetation requirements, the operator shall remove, segregate, and preserve in the manner provided by Section 134.092(a)(5) and Subsection (a) the other strata that are best able to support vegetation.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|