2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter B. Powers and Duties of Commission › Section 134.011. General Authority of Commission

Sec. 134.011.  GENERAL AUTHORITY OF COMMISSION.  To accomplish the purposes of this chapter, the commission may:
(1)  adopt, amend, and enforce rules pertaining to surface coal mining and reclamation operations consistent with the general intent and purposes of this chapter;
(2)  issue permits under this chapter;
(3)  conduct hearings under this chapter and Chapter 2001, Government Code;
(4)  issue orders requiring an operator to take actions necessary to comply with this chapter or rules adopted under this chapter;
(5)  issue orders modifying previous orders;
(6)  issue a final order revoking the permit of an operator who has not complied with a commission order to take action required by this chapter or rules adopted under this chapter;
(7)  order the immediate cessation of all or part of an ongoing surface coal mining operation if the commission finds that the operation or part of the operation creates an imminent danger to the health or safety of the public or is causing or can reasonably be expected to cause significant imminent harm to land, air, or water resources, and take other action or make changes in a permit that are reasonably necessary to avoid or alleviate those conditions;
(8)  hire employees, adopt standards for employment, and hire or authorize the hiring of outside contractors to assist in carrying out this chapter;
(9)  enter and inspect, in person or by its agents, a surface mining operation that is subject to this chapter to assure compliance with this chapter;
(10)  conduct, encourage, request, and participate in studies, surveys, investigations, research, experiments, training, and demonstrations by contract, grant, or otherwise;
(11)  prepare and require permit holders to prepare reports;
(12)  accept, receive, and administer grants, gifts, loans, or other money made available from any source for the purposes of this chapter;
(13)  take the steps necessary for this state to participate to the fullest extent practicable in the abandoned land program provided by Title IV of the federal Act;
(14)  take the actions necessary to establish exclusive jurisdiction over surface coal mining and reclamation in Texas under the provisions of the federal Act, including, if the federal agency disapproves Texas' program as submitted, making recommendations for remedial legislation to clarify, alter, or amend the program to meet the terms of the federal Act;
(15)  contract with state boards and agencies that have pertinent expertise to obtain the professional and technical services necessary to carry out this chapter;
(16)  establish a process, to avoid duplication, for coordinating the review and issuance of permits for surface coal mining and reclamation operations with any other federal or state permit process applicable to the proposed operations;
(17)  enter into cooperative agreements with the secretary of the interior for the regulation of surface coal mining operations on federal land in accordance with the federal Act;  and
(18)  perform any other duty or act required by or provided for in this chapter.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.