reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.