reglab/housing_qa huggingface dataset:
TX Nat Res Code § 134.096 (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 134.096. Specifications for Soil Removal, Storage, Replacement, and Reconstruction

Sec. 134.096.  SPECIFICATIONS FOR SOIL REMOVAL, STORAGE, REPLACEMENT, AND RECONSTRUCTION.  For prime farmland to be mined and reclaimed, the applicable specifications for soil removal, storage, replacement, and reconstruction are those established by the secretary of agriculture.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.097 (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 134.097. Removal, Storage, and Replacement of Soil and Overburden Without Regard to Soil Horizons

Sec. 134.097.  REMOVAL, STORAGE, AND REPLACEMENT OF SOIL AND OVERBURDEN WITHOUT REGARD TO SOIL HORIZONS.  (a)  This section applies only to prime farmland to be mined and reclaimed.(b)  On proper documentation supporting the use of the mining technique to obtain crop yields equivalent to or higher than yields on surrounding nonmined soil of the same type, the commission may authorize the permit holder, without regard to soil horizons, to:(1)  remove the soil and overburden in one step;(2)  store the soil and overburden in one stockpile;  and(3)  begin reclamation by replacing and grading the stockpile material.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.098 (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 134.098. Prohibition on Augering

Sec. 134.098.  PROHIBITION ON AUGERING.  The commission may prohibit augering if necessary to:(1)  maximize the use, recoverability, or conservation of the solid fuel resources;  or(2)  protect against adverse water quality impacts.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.099 (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 134.099. Certification of Siltation Structure

Sec. 134.099.  CERTIFICATION OF SILTATION STRUCTURE.  The performance standards shall require that a siltation structure constructed under Section 134.092(a)(10)(B) be certified by a qualified registered engineer to be constructed as designed and as approved in the reclamation plan.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.100 (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 134.100. Proximity of Mine to Underground Mines: Exception

Sec. 134.100.  PROXIMITY OF MINE TO UNDERGROUND MINES:  EXCEPTION.  Notwithstanding Section 134.092(a)(12), the commission shall permit an operator to mine near or through an abandoned underground mine or closer to an active underground mine than allowed by that section if:(1)  the nature, timing, and sequencing of the approximate coincidence of specific surface mine activities with specific underground mine activities are jointly approved by the regulatory authorities concerned with surface mine regulation and the health and safety of underground miners;  and(2)  the operations will result in:(A)  improved resource recovery;(B)  abatement of water pollution;  or(C)  elimination of hazards to the health and safety of the public.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.101 (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 134.101. Rules Regarding Use of Explosives

Sec. 134.101.  RULES REGARDING USE OF EXPLOSIVES.  The commission rules described by Section 134.092(a)(15) shall require that:(1)  adequate advance written notice be given to local governments and residents who might be affected by the use of the explosives, by:(A)  publishing the planned blasting schedule in a newspaper of general circulation in the locality;(B)  mailing a copy of the proposed blasting schedule to each resident living within one-half mile of the proposed blasting site;  and(C)  providing daily notice to residents in the area before blasting;(2)  a log be maintained for at least three years and made available for public inspection on request, detailing:(A)  the location of the blasts;(B)  the pattern and depth of the drill holes;(C)  the amount of explosives used for each hole;  and(D)  the order and length of delay in the blasts;(3)  the type of explosives and detonating equipment and the size, timing, and frequency of blasts be limited according to the physical conditions of the site to prevent:(A)  injury to persons;(B)  damage to public and private property outside the permit area;(C)  adverse impacts on an underground mine;  and(D)  change in the course, channel, or availability of groundwater or surface water outside the permit area;(4)  blasting operations be conducted by trained and competent persons certified by the commission;  and(5)  on the request of a resident or owner of a man-made structure within one-half mile of the permit area, the applicant or permit holder:(A)  conduct a preblasting survey of the structures in an area to be decided by the commission;  and(B)  submit the survey to the commission with a copy to the resident or owner making the request.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.102 (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 134.102. Variance to Permit Underground Mining Operations Before Reclamation

Sec. 134.102.  VARIANCE TO PERMIT UNDERGROUND MINING OPERATIONS BEFORE RECLAMATION.  (a)  The commission may grant a variance from the contemporaneous reclamation requirement of Section 134.092(a)(16) for specific areas within the reclamation plan to permit underground mining operations before reclamation if:(1)  the applicant proposes to combine surface mining operations with underground mining operations to assure maximum practical recovery of the coal resources;  and(2)  the commission finds in writing that:(A)  the applicant has presented, as part of the permit application, specific, feasible plans for the proposed underground mining operations;(B)  the proposed underground mining operations are necessary or desirable to assure maximum practical recovery of the coal resource and will avoid multiple disturbances of the surface;(C)  the applicant has satisfactorily demonstrated that:(i)  the plan for the underground mining operations conforms to requirements for underground mining in the jurisdiction;  and(ii)  permits necessary for the underground mining operations have been issued by the appropriate authority;(D)  the applicant has shown that the areas proposed for the variance are necessary for implementing the proposed underground mining operations;(E)  substantial environmental damage, either on or off the site, will not result from the delay in completing reclamation as required by this chapter;  and(F)  provisions for the off-site storage of spoil will comply with Section 134.106.(b)  Liability under the bond filed by the applicant with the commission under Section 134.121 must extend for the duration of the underground mining operations and until Sections 134.092 through 134.106 and Sections 134.128 through 134.134 have been complied with.(c)  The commission must adopt specific rules to govern the granting of a variance under this section and may impose additional requirements it considers necessary.(d)  The commission shall review a variance granted under this section not later than the third anniversary of the date the permit is issued.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.103 (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 134.103. Use of Introduced Species for Revegetation

Sec. 134.103.  USE OF INTRODUCED SPECIES FOR REVEGETATION.  Notwithstanding Section 134.092(a)(19), introduced species may be used in the revegetation process where necessary to achieve the approved postmining land use plan.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.104 (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 134.104. Responsibility for Revegetation: Area of Low Precipitation

Sec. 134.104.  RESPONSIBILITY FOR REVEGETATION:  AREA OF LOW PRECIPITATION.  Notwithstanding Section 134.092(a)(20), in areas or regions of the state where the annual average precipitation is 26 inches or less, an operator's assumption of responsibility and liability extends for:(1)  10 years after the last year of augmented seeding, fertilizing, irrigation, or other work, if the land is not previously mined land; or(2)  five years after the last year of augmented seeding, fertilizing, irrigation, or other work, if the land is previously mined land.|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. 442 (S.B. 1295), Sec. 4, eff. June 17, 2011.|
TX Nat Res Code § 134.105 (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 134.105. Responsibility for Revegetation: Long-Term Intensive Agricultural Postmining Use

Sec. 134.105.  RESPONSIBILITY FOR REVEGETATION:  LONG-TERM INTENSIVE AGRICULTURAL POSTMINING USE.  (a)  The applicable period of responsibility for revegetation begins on the date of initial planting for long-term intensive agricultural postmining land use if the commission approves a long-term intensive agricultural postmining land use.(b)  The commission may grant an exception to Section 134.092(a)(19) if the commission issues a written finding approving a long-term intensive agricultural postmining land use as part of the mining and 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. 442 (S.B. 1295), Sec. 5, eff. June 17, 2011.|
TX Nat Res Code § 134.106 (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 134.106. Spoil Disposal

Sec. 134.106.  SPOIL DISPOSAL.  (a)  The performance standards shall require an operator:(1)  to transport the excess spoil material resulting from surface coal mining and reclamation activities and place it in a controlled manner in position for concurrent compaction to assure mass stability and to prevent mass movement;(2)  to dispose of spoil only within the bonded permit areas;(3)  to remove the organic matter immediately before spoil placement;(4)  to use appropriate surface and internal drainage systems and diversion ditches to prevent spoil erosion and movement;(5)  to use a spoil disposal area that does not contain springs, natural watercourses, or wet weather seeps unless lateral drains are constructed from the wet areas to the main underdrains in a manner that prevents the water from filtering into the spoil pile;(6)  if the spoil is placed on a slope:(A)  to place the spoil on the most moderate slope among the slopes on which, in the judgment of the commission, the spoil could be placed in compliance with this chapter;  and(B)  where possible, to place the spoil on or above a natural terrace, bench, or berm if that placement provides additional stability and prevents mass movement;(7)  to construct a rock toe buttress of sufficient size to prevent mass movement if the toe of the spoil rests on a downslope;  and(8)  to place the spoil in compliance with other provisions of this chapter.(b)  The final configuration of the spoil disposal area shall be compatible with the natural drainage pattern and surroundings and suitable for intended uses.(c)  The design of the spoil disposal area shall be certified by a qualified registered professional engineer in conformance with professional standards.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.108 (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 134.108. Steep Slope Surface Coal Mining

Sec. 134.108.  STEEP SLOPE SURFACE COAL MINING.  (a)  An operator of a steep slope surface coal mining operation, in addition to meeting the general performance standards of this subchapter:(1)  shall ensure that during surface coal mining on steep slopes, debris, abandoned or disabled equipment, spoil material, or waste mineral matter is not placed on the downslope below the bench or mining cut;(2)  shall backfill with spoil material to:(A)  return the site to the approximate original contour;  and(B)  maintain the stability of the material after mining and reclamation;  and(3)  may not disturb land above the top of the highwall.(b)  Notwithstanding Subsection (a)(1), the operator shall permanently store under Section 134.106 spoil material in excess of that required to reconstruct the approximate original contour under Section 134.092(a)(3) or Subsection (a)(2).(c)  Notwithstanding Subsection (a)(3), the operator may disturb land above the top of the highwall if the commission finds that the disturbance will facilitate compliance with the environmental protection standards of this subchapter.  The amount of land disturbed above the highwall may not exceed the amount necessary to facilitate the compliance.(d)  This section does not apply to an operator who:(1)  is mining on flat or gently rolling terrain on which an occasional steep slope is encountered through which the mining operations are to proceed, leaving a plain or predominantly flat area;  or(2)  meets the requirements of Section 134.107.(e)  In this section, "steep slope" means a slope:(1)  that exceeds 20 degrees;  or(2)  less than or equal to 20 degrees determined by the commission to be a steep slope after considering soil, climate, or other characteristics of the region or the state.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.109 (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 134.109. Variance From Requirement to Restore Contour

Sec. 134.109.  VARIANCE FROM REQUIREMENT TO RESTORE CONTOUR.  (a)  The commission may grant a variance from the requirement in Section 134.108(a)(2) to restore to approximate original contour after steep slope surface coal mining if:(1)  the surface owner requests in writing, as part of the permit application, that the variance be granted to render the land suitable after reclamation for industrial, commercial, residential, or public use, including use as a recreational facility;(2)  the watershed control of the affected area is improved;  and(3)  other requirements of this section are met.(b)  The watershed control of an affected area is considered to be improved for purposes of Subsection (a) if the potential use of the affected land is:(1)  considered by the commission, after consultation with the appropriate land use planning agencies, if any, to constitute an economic or public use equal to or better than the premining use;(2)  designed and certified by a qualified registered professional engineer in conformance with professional standards established to assure the stability, drainage, and configuration necessary for the intended use of the site;  and(3)  approved by the appropriate state environmental agencies.(c)  In granting a variance under this section, the commission shall require the operator to:(1)  backfill with spoil material to cover the highwall completely and ensure that the material maintains stability after mining and reclamation;(2)  place off the mine bench only the amount of spoil necessary to achieve the planned postmining land use;(3)  comply with Section 134.106 in placing spoil off the mine bench;(4)  ensure stability of the spoil retained on the bench;  and(5)  meet the other requirements of this chapter.(d)  The commission shall adopt specific rules to govern the granting of variances under this section and may impose additional requirements it considers necessary.(e)  A variance granted under this section shall be reviewed not later than the third anniversary of the date the permit is issued unless the permit holder demonstrates that the proposed development is proceeding in accordance with the terms of the reclamation plan.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.110 (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 134.110. Water Supply Replacement

Sec. 134.110.  WATER SUPPLY REPLACEMENT.  The operator of a surface coal mining operation shall replace the water supply of an owner of an interest in real property who obtains all or part of the owner's supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source if the supply has been affected by contamination, diminution, or interruption proximately resulting from the surface coal mining operation.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.121 (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 134.121. Performance Bond Requirement

Sec. 134.121.  PERFORMANCE BOND REQUIREMENT.  (a)  After a surface coal mining and reclamation permit application has been approved but before the permit is issued, the applicant shall file with the commission, on a form prescribed and furnished by the commission, a performance bond payable to this state and conditioned on the faithful performance of the requirements of this chapter and the permit.(b)  The bond shall cover the area of land in the permit area on which the applicant will begin and conduct surface coal mining and reclamation operations during the initial term of the permit.(c)  The permit holder shall provide an additional bond or bonds to cover a succeeding increment of surface coal mining and reclamation operations conducted in the permit area at the time the increment begins.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.122 (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 134.122. Amount of Bond

Sec. 134.122.  AMOUNT OF BOND.  (a)  The commission shall determine the amount of the bond required for each bonded area.(b)  The amount of the bond shall:(1)  reflect the probable difficulty of the reclamation, considering factors including:(A)  topography;(B)  geology of the site;(C)  hydrology;  and(D)  revegetation potential;  and(2)  be sufficient to assure completion of the reclamation plan if the commission has to perform the work in the event of forfeiture.(c)  The bond for the entire area under one permit may not be less than $10,000.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.123 (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 134.123. Bond Without Surety

Sec. 134.123.  BOND WITHOUT SURETY.  The commission may accept the bond of an applicant without separate surety if the applicant demonstrates to the satisfaction of the commission the existence of a suitable and continuous operation sufficient for authorization to self-insure or bond the amount.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.124 (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 134.124. Alternative to Bonding Program

Sec. 134.124.  ALTERNATIVE TO BONDING PROGRAM.  Instead of establishing a bonding program under this subchapter, the commission may approve an alternative system that will achieve the purposes of the bonding program under this subchapter.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.125 (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 134.125. Extent of Liability Under Bond

Sec. 134.125.  EXTENT OF LIABILITY UNDER BOND.  Liability under the bond shall be for the duration of the surface coal mining and reclamation operation and of the applicant's responsibility for revegetation.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.126 (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 134.126. Security for Bond

Sec. 134.126.  SECURITY FOR BOND.  (a)  The applicant and a corporate surety licensed to do business in this state shall execute the bond unless the applicant elects to deposit security under Subsection (b).(b)  The applicant may elect to deposit as security for the performance of the applicant's obligations under the bond:(1)  cash;(2)  negotiable bonds of the United States government or the state;  or(3)  negotiable certificates of deposit of a bank organized or transacting business in the United States.(c)  The cash deposit or market value of the securities deposited under Subsection (b) must equal or exceed the amount of the bond required for the bonded area.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.127 (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 134.127. Adjustment of Amount of Bond or Deposit

Sec. 134.127.  ADJUSTMENT OF AMOUNT OF BOND OR DEPOSIT.  The commission periodically shall adjust the amount of the bond or deposit required and the terms of each acceptance of the applicant's bond to reflect changes in:(1)  the acreage affected;  or(2)  the cost of future reclamation.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.128 (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 134.128. Application for Release of Bond or Deposit

Sec. 134.128.  APPLICATION FOR RELEASE OF BOND OR DEPOSIT.  The permit holder may file a request with the commission for the release of all or part of a performance bond or deposit.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|