reglab/housing_qa huggingface dataset:
TX Nat Res Code § 134.164 (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 134.164. Continuous Violation

Sec. 134.164.  CONTINUOUS VIOLATION.  (a)  The commission shall issue an order to a permit holder promptly to show cause why a permit should not be suspended or revoked if, after an inspection:(1)  the commission has reason to believe that a pattern of violations of this chapter or of permit conditions required by this chapter exists or has existed;  and(2)  the commission or its authorized representative finds that the violations are:(A)  caused by the unwarranted failure of the permit holder to comply with this chapter or the permit conditions;  or(B)  wilfully caused by the permit holder.(b)  The order shall set a time, place, and date for a public hearing.  The hearing is of record and is subject to Chapter 2001, Government Code.(c)  The commission shall promptly suspend or revoke the permit if the permit holder does not show cause why the permit should not be suspended or revoked.(d)  The permit holder shall immediately stop surface coal mining operations on the permit area and shall complete reclamation within a time specified by the commission if the commission revokes the permit.  The commission shall declare the performance bonds for the operation forfeited if the permit holder fails to comply with this subsection.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.165 (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 134.165. Form of Notice or Order

Sec. 134.165.  FORM OF NOTICE OR ORDER.  (a)  A notice or order issued under Section 134.161, 134.162, or 134.164 shall:(1)  state with reasonable specificity the nature of the violation and the remedial action required;(2)  state the time established for abatement;  and(3)  reasonably describe the part of the surface coal mining and reclamation operation to which the notice or order applies.(b)  The commission or its authorized representative shall promptly give the notice or order to the permit holder or the permit holder's agent.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.166 (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 134.166. Modification, Vacation, or Termination of Notice of Order

Sec. 134.166.  MODIFICATION, VACATION, OR TERMINATION OF NOTICE OF ORDER.  The commission or its authorized representative may modify, vacate, or terminate a notice or order issued under Section 134.161, 134.162, or 134.164.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.167 (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 134.167. Expiration of Notice or Order

Sec. 134.167.  EXPIRATION OF NOTICE OR ORDER.  If a notice or order issued under Section 134.161, 134.162, or 134.164 requires the operator to stop mining, the notice or order expires not later than the 30th day after the date of actual notice to the operator unless a public hearing is held at or reasonably near the site so that the site can be viewed during the hearing.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.168 (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 134.168. Application for Commission Review of Notice or Order

Sec. 134.168.  APPLICATION FOR COMMISSION REVIEW OF NOTICE OR ORDER.  (a)  A permit holder to whom the commission issues a notice or order under Section 134.161 or 134.162 or an affected person may apply to the commission for review of the notice or order not later than the 30th day after the date of receipt of the notice or order or the date the notice or order is modified, vacated, or terminated.(b)  The filing of an application for review under this section does not stay a notice or order.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.169 (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 134.169. Investigation and Hearing on Application for Review

Sec. 134.169.  INVESTIGATION AND HEARING ON APPLICATION FOR REVIEW.  (a)  On receipt of an application filed under Section 134.168, the commission shall investigate as it considers appropriate.(b)  The investigation shall provide an opportunity for a public hearing, at the request of the applicant or the affected person, to enable the applicant or the person to present information relating to the issuance and continuance of the notice or order or the modification, vacation, or termination of the notice or order.(c)  The permit holder and other affected persons shall be given written notice of the time and place of the hearing not later than the sixth day before the date of the hearing.(d)  The hearing is of record and is subject to Chapter 2001, Government Code.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.170 (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 134.170. Commission Findings and Decision

Sec. 134.170.  COMMISSION FINDINGS AND DECISION.  (a)  On receiving the investigation report, the commission shall:(1)  make findings of fact;  and(2)  issue a written decision incorporating:(A)  its findings;  and(B)  an order vacating, affirming, modifying, or terminating:(i)  the notice or order;  or(ii)  the modification, vacation, or termination of the notice or order.(b)  If the application for review concerns a cessation order issued under Section 134.161 or 134.162, the commission shall issue the written decision not later than the 30th day after the date it receives the application for review unless it grants temporary relief under Section 134.171.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.171 (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 134.171. Request for Temporary Relief

Sec. 134.171.  REQUEST FOR TEMPORARY RELIEF.  (a)  Before the investigation and hearing required by Section 134.169 are completed, the applicant may file with the commission a written request that the commission grant temporary relief from a notice or order issued under Section 134.161 or 134.162, together with a detailed statement giving reasons for granting the relief.(b)  The commission shall promptly issue an order or decision granting or denying the relief.  If the applicant requests relief from a cessation order issued under Section 134.161 or 134.162, the order or decision on the request shall be issued not later than the fifth day after the date the request is received.(c)  The commission may grant the relief, under conditions prescribed by the commission, if:(1)  a hearing has been held:(A)  in the locality of the permit area on the request for temporary relief;  and(B)  in which all parties have had an opportunity to be heard;(2)  the applicant shows that there is a substantial likelihood that the findings of the commission will favor the applicant;  and(3)  the relief will not:(A)  adversely affect the health or safety of the public;  or(B)  cause significant, imminent environmental harm to land, air, or water resources.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.172 (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 134.172. Assessment of Costs Incurred in Administrative Proceeding or Judicial Review

Sec. 134.172.  ASSESSMENT OF COSTS INCURRED IN ADMINISTRATIVE PROCEEDING OR JUDICIAL REVIEW.  (a)  If the commission issues an order under Sections 134.161 through 134.171 or in an administrative proceeding under this chapter, the commission may, on request of any person, assess against the person to whom the order is issued or the commission the costs and expenses, including attorney's fees, that the commission determines the requestor reasonably incurred in connection with the requestor's participation in the action or proceeding.(b)  If the commission issues an order under Sections 134.161 through 134.171 or in an administrative proceeding under this chapter and the commission's decision is appealed, the court may, on request of any person, assess against the person to whom the order is issued or the commission the costs and expenses, including attorney's fees, that the commission determines the requestor reasonably incurred in connection with the requestor's participation in judicial review of the action or proceeding.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.173 (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 134.173. Civil Action

Sec. 134.173.  CIVIL ACTION.  (a)  The commission may request the attorney general to institute a civil action for relief, including a permanent or temporary injunction, restraining order, or other appropriate order, if the permit holder:(1)  violates, fails, or refuses to comply with an order or decision issued by the commission under this chapter;(2)  interferes with, hinders, or delays the commission or its authorized representative in carrying out Sections 134.161 through 134.172;(3)  refuses to admit an authorized representative to the mine;(4)  refuses to allow an authorized representative to inspect the mine;(5)  refuses to furnish information or a report requested by the commission under the commission's rules;  or(6)  refuses to allow access to and copying of records the commission determines reasonably necessary to carry out this chapter.(b)  The action shall be brought in a district court in Travis County or in the county in which the greater part of the surface mining and reclamation operation is located.(c)  The court has jurisdiction to provide appropriate relief.(d)  Relief granted by the court to enforce Subsection (a)(1) continues in effect until the earlier of the date on which:(1)  all proceedings for review of the order are completed or finally terminated;  or(2)  the court sets aside or modifies the order.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.174 (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 134.174. Administrative Penalty for Violation of Permit Condition of This Chapter

Sec. 134.174.  ADMINISTRATIVE PENALTY FOR VIOLATION OF PERMIT CONDITION OF THIS CHAPTER.  (a)  The commission may assess an administrative penalty against a person who violates a permit condition or this chapter.  The commission shall assess an administrative penalty if the violation leads to the issuance of a cessation order.(b)  The penalty may not exceed $10,000 for each violation.  Each day a violation continues may be considered a separate violation for purposes of penalty assessments.(c)  In determining the amount of the penalty, the commission shall consider:(1)  the person's history of violations at the particular surface coal mining operation;(2)  the seriousness of the violation, including:(A)  any irreparable harm to the environment;  and(B)  any hazard to the health or safety of the public;(3)  whether the person was negligent;  and(4)  the demonstrated good faith of the person in attempting to comply rapidly after notification of the violation.|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. 431 (S.B. 1667), Sec. 1, eff. September 1, 2007.|
TX Nat Res Code § 134.175 (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 134.175. Penalty Assessment Procedure

Sec. 134.175.  PENALTY ASSESSMENT PROCEDURE.  (a)  The commission may assess an administrative penalty under Section 134.174 only after giving the person charged with a violation an opportunity for a public hearing.(b)  If a public hearing is held, the commission shall make findings of fact and issue a written decision as to the occurrence of the violation and the amount of the penalty.  The decision shall incorporate, if appropriate, an order to pay the penalty.(c)  If appropriate, the commission shall consolidate the hearing with other proceedings under Sections 134.161 through 134.173.  A hearing under this section is of record and is subject to Chapter 2001, Government Code.(d)  If the person does not take the opportunity for a public hearing, the commission may assess an administrative penalty after determining that a violation has occurred and the amount of the penalty.  The commission shall then issue an order to pay the penalty.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.176 (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 134.176. Payment of Penalty; Refund

Sec. 134.176.  PAYMENT OF PENALTY;  REFUND.  (a)  Not later than the 30th day after the date the commission issues a notice or order charging that a violation of this chapter has occurred, the commission shall inform the person charged of the proposed amount of the penalty.(b)  Not later than the 30th day after the date the person is informed under Subsection (a), the person shall:(1)  pay the proposed penalty in full;  or(2)  forward the proposed amount to the commission for placement in an escrow account if the person wishes to contest the amount of the penalty or the fact of the violation.(c)  If administrative or judicial review of the proposed penalty determines that a violation did not occur or that the amount of the penalty should be reduced, the commission, not later than the 30th day after the date of the determination, shall remit the appropriate amount to the person, with interest at the prevailing United States Department of the Treasury rate.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.177 (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 134.177. Administrative Penalty for Failing to Correct Violation for Which Citation Has Been Issued

Sec. 134.177.  ADMINISTRATIVE PENALTY FOR FAILING TO CORRECT VIOLATION FOR WHICH CITATION HAS BEEN ISSUED.  (a)  The commission shall assess a person who does not correct a violation for which a citation has been issued under Section 134.161 within the time permitted for its correction an administrative penalty of not less than $750 for each day the violation continues after that time.(b)  If the person initiates a review proceeding in which the commission orders, after an expedited hearing, the suspension of the abatement requirements of the citation after determining that the person will suffer irreparable loss or damage from the application of those requirements, the period during which the person must correct the violation before the commission may impose an administrative penalty under this section expires when the commission enters a final order.(c)  If the person initiates a review proceeding in which a court orders the suspension of an abatement requirement of the citation, the period during which the person must correct the violation before the commission may impose an administrative penalty under this section expires when the court enters an order.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.178 (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 134.178. Recovery of Administrative Penalty

Sec. 134.178.  RECOVERY OF ADMINISTRATIVE PENALTY.  The attorney general at the request of the commission may bring a civil action to recover an administrative penalty owed under this chapter.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.179 (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 134.179. Criminal Penalty for Wilful and Knowing Violation

Sec. 134.179.  CRIMINAL PENALTY FOR WILFUL AND KNOWING VIOLATION.  (a)  A person commits an offense if the person wilfully and knowingly violates a condition of a permit issued under this chapter or does not comply with an order issued under this chapter, except an order incorporated in a decision issued by the commission under Section 134.175.(b)  An offense under this section is punishable by:(1)  a fine of not more than $10,000;(2)  imprisonment for not more than one year;  or(3)  both the fine and the imprisonment.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.180 (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 134.180. Criminal Penalty for False Statement, Representation, or Certification

Sec. 134.180.  CRIMINAL PENALTY FOR FALSE STATEMENT, REPRESENTATION, OR CERTIFICATION.  (a)  A person commits an offense if the person knowingly makes a false statement, representation, or certification, or knowingly fails to make a statement, representation, or certification, in an application, record, report, or other document filed or required to be maintained under this chapter or under an order of decision issued by the commission under this chapter.(b)  An offense under this section is punishable by:(1)  a fine of not more than $10,000;(2)  imprisonment for not more than one year;  or(3)  both the fine and the imprisonment.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.181 (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 134.181. Penalty for Director, Officer, or Agent of Corporation

Sec. 134.181.  PENALTY FOR DIRECTOR, OFFICER, OR AGENT OF CORPORATION.  (a)  If a corporation violates a condition of a permit issued under this chapter or does not comply with an order issued under Section 134.161, 134.162, 134.164, 134.166, 134.170, 134.171, 134.172, or 134.173 or an order incorporated in a final decision issued by the commission under this chapter, a director, officer, or agent of the corporation who wilfully and knowingly authorized, ordered, or carried out the violation or noncompliance is subject to the same administrative penalties, fines, and imprisonment that may be imposed under Sections 134.174 and 134.179.(b)  Subsection (a) does not apply to the violation of an order incorporated in a decision issued by the commission under Section 134.175.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.182 (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 134.182. Citizen Suit

Sec. 134.182.  CITIZEN SUIT.  (a)  Except as provided by Subsection (d), an affected person may bring a civil action to compel compliance with this chapter against:(1)  the commission if the person alleges the commission did not perform a nondiscretionary act under this chapter;(2)  a state governmental instrumentality or agency if the person alleges the instrumentality or agency is violating this chapter or a rule, order, or permit adopted or issued under this chapter;  or(3)  any other person if the person alleges the other person is violating a rule, order, or permit adopted or issued under this chapter.(b)  A person who is injured or whose property is damaged by a permit holder's violation of a rule, order, or permit adopted or issued under this chapter may bring an action for damages, including reasonable attorney's and expert witness's fees.(c)  Subsection (b) does not affect the rights established by or limits imposed under the workers' compensation laws of this state.(d)  A person may not bring an action under Subsection (a)(2) or (3) if the state has brought and is diligently prosecuting a civil action in state or federal court to require compliance with this chapter or a rule, order, or permit adopted or issued under this chapter.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.183 (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 134.183. Notice to Commission Before Bringing Suit; Suit by State

Sec. 134.183.  NOTICE TO COMMISSION BEFORE BRINGING SUIT;  SUIT BY STATE.  (a)  A person must give written notice to the commission of an action under Section 134.182(a)(1) not later than the 61st day before the date the person brings the action.(b)  The person must give notice under Subsection (a) as prescribed by commission rule.(c)  The person may bring the action immediately after notifying the commission if the violation or order complained of:(1)  constitutes an imminent threat to the health or safety of the person;  or(2)  would immediately affect a legal interest of the person.(d)  A person must give written notice of the violation to the commission and any alleged violator not later than the 61st day before the date the person brings an action under Section 134.182(a)(2) or (3).|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.184 (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 134.184. Venue

Sec. 134.184.  VENUE.  A person may bring an action under Section 134.182 only in the judicial district in which the surface coal mining operation complained of is located.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|
TX Nat Res Code § 134.185 (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 134.185. Intervention by Commission

Sec. 134.185.  INTERVENTION BY COMMISSION.  The commission may intervene as a matter of right in an action brought under Section 134.182.|Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.|