reglab/statecodes huggingface dataset:
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter E. Bonds and Deposits › Section 131.211. Basis for Release of Bond or Deposit

Sec. 131.211.  BASIS FOR RELEASE OF BOND OR DEPOSIT.  The commission may release in whole or part the bond or deposit if it is satisfied that reclamation covered by the bond or deposit or a portion of the bond or deposit has been accomplished as required by this chapter according to the following schedule:
(1)  when the operator completes required backfilling, regrading, and drainage control of a bonded area as provided in his approved reclamation plan, the commission may authorize the release of up to 75 percent of the bond or substitute collateral for the applicable permit area, provided the amount of the unreleased portion of the bond or substitute collateral is not less than the amount necessary to assure completion of the reclamation work by a third party in the event of forfeiture;  and
(2)  when the operator has successfully completed the remaining reclamation activities, but not before the expiration of the period specified for operator responsibility in Section 131.102 of this code, the commission may release the remaining portion of the bond or substitute collateral, provided that no bond is fully released until all reclamation requirements of this chapter are fully met.
Acts 1977, 65th Leg., p. 2628, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter E. Bonds and Deposits › Section 131.212. Disapproval of Application for Bond or Deposit Release

Sec. 131.212.  DISAPPROVAL OF APPLICATION FOR BOND OR DEPOSIT RELEASE.  If the commission disapproves the application for release of the bond or deposit or a portion of the bond or deposit, it shall notify the operator in writing of the reasons for disapproval and recommend corrective actions necessary to secure the release.
Acts 1977, 65th Leg., p. 2629, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter E. Bonds and Deposits › Section 131.213. Notice of Release to Local Governmental Agency

Sec. 131.213.  NOTICE OF RELEASE TO LOCAL GOVERNMENTAL AGENCY.  Within 30 days after an application for total or partial bond or deposit release is filed with the commission, the commission shall notify the local governmental agency in which the surface mining operation is located by certified mail.
Acts 1977, 65th Leg., p. 2629, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter E. Bonds and Deposits › Section 131.214. Objections to Release

Sec. 131.214.  OBJECTIONS TO RELEASE.  (a)  Any person or the officer or head of a federal, state, or local governmental agency is entitled to file written objections to the proposed release from the bond or deposit.
(b)  The objections must be filed with the commission within 30 days after the last publication of notice as provided in Section 131.209 of this code.
(c)  If the commission determines that the application is of a significance sufficient to warrant a public hearing considering the objections that have been filed, the commission shall hold a public hearing.
(d)  The commission shall give notice to all interested parties of the time and place of the hearing which shall be conducted as provided in Sections 131.160 through 131.164 of this code.
(e)  The hearing shall be held in the locality of the surface mining operation proposed for bond or deposit release.
(f)  Notice of the date, time, and location of the public hearing shall be published by the commission as provided in Section 131.163 of this code.
Acts 1977, 65th Leg., p. 2629, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter F. Funds › Section 131.231. Land Reclamation Fund

Sec. 131.231.  LAND RECLAMATION FUND.  (a)  Money received through the payment of fees, loans, grants, gifts, penalties, bond forfeitures, and other money received by the commission shall be deposited in the State Treasury and credited to a special account to be designated the land reclamation fund.
(b)  The fund shall be available to the commission and may be spent for the administration and enforcement of this chapter and for the reclamation of land affected by surface mining operations.
Acts 1977, 65th Leg., p. 2629, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter F. Funds › Section 131.232. Appropriation

Sec. 131.232.  APPROPRIATION.  Money for the operation of the commission under this chapter shall be appropriated by the legislature.
Acts 1977, 65th Leg., p. 2630, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter F. Funds › Section 131.233. Use of Proceeds From Bond Forfeitures and Penalties

Sec. 131.233.  USE OF PROCEEDS FROM BOND FORFEITURES AND PENALTIES.  Proceeds from the forfeiture of bonds and penalties recovered shall be spent to reclaim land as provided in this chapter with respect to which the bonds were provided and the penalties assessed.
Acts 1977, 65th Leg., p. 2630, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter F. Funds › Section 131.234. Reclamation of Land

Sec. 131.234.  RECLAMATION OF LAND.  (a)  In the reclamation of land affected by surface mining for which funds are available, the commission may use services of other state agencies or the federal government and may compensate them for the services.
(b)  The commission may have reclamation work done by its own employees or by employees of other governmental agencies or through contracts with qualified persons.
(c)  The contracts shall be awarded to the lowest bidder on competitive bids after reasonable advertisement.
(d)  The commission and any other agency and any contractor under a contract are entitled to access to the land affected to carry out the reclamation.
Acts 1977, 65th Leg., p. 2630, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter G. Enforcement › Section 131.261. Conditions, Practices, and Violations Creating Imminent Danger or Causing Imminent Harm

Sec. 131.261.  CONDITIONS, PRACTICES, AND VIOLATIONS CREATING IMMINENT DANGER OR CAUSING IMMINENT HARM.  (a)  On the basis of any inspection, if the commission or its authorized representative or agent determines that a condition or practice exists or that a permittee is in violation of a requirement of this chapter or a permit condition required by this chapter, and that this condition, practice, or violation also 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, a member of the commission shall immediately order a cessation of exploration or surface mining operations on the portion of the area relevant to the condition, practice, or violation.
(b)  The cessation order shall set a time and place for a hearing to be held before the commission and shall be held as soon after the order is issued as is practicable.
(c)  The requirements of Section 131.159 of this code relating to time for notice, newspaper notice, and method of giving notice do not apply to a hearing under this section, but general notice shall be given in the manner that the commission judges to be practicable under the circumstances.
(d)  No more than 24 hours after the commencement of the hearing and without adjournment, the commission shall affirm, modify, or set aside the order.
Acts 1977, 65th Leg., p. 2630, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1117 (H.B. 3837), Sec. 4, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter G. Enforcement › Section 131.262. Violations Not Creating Imminent Danger or Causing Imminent Harm

Sec. 131.262.  VIOLATIONS NOT CREATING IMMINENT DANGER OR CAUSING IMMINENT HARM.  (a)  On the basis of an inspection, if the commission or its authorized representative or agent determines that a permittee is in violation of a requirement of this chapter or a permit condition required by this chapter, but the violation does not create an imminent danger to the health or safety of the public or is not causing or reasonably expected to cause significant imminent harm to land, air, or water resources, the commission shall issue a notice to the permittee or the permittee's agent setting a reasonable time not to exceed 30 days for the abatement of the violation.  The commission may authorize an extension of the period of time for the abatement of the violation, for good cause as determined by a written finding by the commission.
(b)  If, on expiration of the period of time as originally set or subsequently extended, the commission finds that the violation has not been abated, it may order a cessation of exploration or surface mining operations on the portion of this area relevant to the violation.  However, if requested by the operator, a hearing must be held prior to a commission finding or order.
(c)  The cessation order shall remain in effect until the commission determines that the violation has been abated or until modified, vacated, or terminated by the commission under Section 131.263 of this code.
Acts 1977, 65th Leg., p. 2631, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1117 (H.B. 3837), Sec. 5, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter G. Enforcement › Section 131.263. Continuous Violations

Sec. 131.263.  CONTINUOUS VIOLATIONS.  (a)  On the basis of an inspection, if the commission has reason to believe that a pattern of violations of any requirements of this chapter or any permit conditions required by this chapter exists or has existed, and if the commission also finds that these violations are caused by the unwarranted failure of the permittee to comply with requirements of this chapter or permit conditions or that the violations are wilfully caused by the permittee, the commission shall issue an order to the permittee forthwith to show cause as to why the permit should not be suspended or revoked.
(b)  The order shall set a time and place for a public hearing to be held in accordance with the notice and procedural requirements of Sections 131.159 through 131.164 of this code.
(c)  On failure of a permittee to show cause why the permit should not be suspended or revoked, the commission shall promptly suspend, or revoke the permit.
Acts 1977, 65th Leg., p. 2631, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter G. Enforcement › Section 131.264. Form of Notices and Orders

Sec. 131.264.  FORM OF NOTICES AND ORDERS.  (a)  Notices and orders issued under Sections 131.261 through 131.263 of this code shall set forth with reasonable specificity:
(1)  the nature of the violation and the remedial action required;
(2)  the period of time established for abatement;  and
(3)  a reasonable description of the portion of the surface mining and reclamation operation to which the notice or order applies.
(b)  Each notice or order issued under this section shall be given promptly to the permittee or his agent by the commission.
(c)  Notices and orders shall be in writing and shall be signed by the commission or its authorized representative.
(d)  A notice or order issued under Sections 131.261 through 131.263 of this code may be modified, vacated, or terminated by the commission.
Acts 1977, 65th Leg., p. 2631, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter G. Enforcement › Section 131.265. Civil Actions

Sec. 131.265.  CIVIL ACTIONS.  (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 permittee:
(1)  violates or 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 the provisions of this chapter;
(3)  refuses to admit an authorized representative to the mine;
(4)  refuses to permit inspection of the mine by an authorized representative;
(5)  refuses to furnish information or a report requested by the commission under the commission's rules;  or
(6)  refuses to permit access to and copying of records the commission determines reasonably necessary to carry out the provisions of this chapter.
(b)  The action shall be brought in a district court in Travis County or in the county in which the greater portion of the surface mining and reclamation operation is located.
(c)  The court has jurisdiction to provide the relief that is appropriate, and relief granted by the court to enforce Subdivision (1) of Subsection (a) of this section shall continue in effect until the completion or final termination of all proceedings for review of the order under this chapter unless before that time the district court granting the relief sets the order aside or modifies it.
Acts 1977, 65th Leg., p. 2632, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter G. Enforcement › Section 131.266. Injunctive Relief and Civil Penalty

Sec. 131.266.  INJUNCTIVE RELIEF AND CIVIL PENALTY.  (a)  The commission may have a civil suit instituted for injunctive relief to restrain a permittee from continuing a violation or threatening a violation or for the assessment of a civil penalty of not more than $5,000 as the court considers proper for each day of violation, or for both.
(b)  In determining the amount of the civil penalty, consideration shall be given to:
(1)  the permittee's history of previous violations under this chapter;
(2)  the appropriateness of the penalty to the size of the business of the permittee;
(3)  the seriousness of the violation, including irreparable harm to the environment and hazard to the health or safety of the public;
(4)  whether the permittee was negligent;  and
(5)  the demonstrated good faith of the permittee charged in attempting to achieve rapid compliance after notice of the violation.
Acts 1977, 65th Leg., p. 2632, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter G. Enforcement › Section 131.2661. Administrative Penalty

Sec. 131.2661.  ADMINISTRATIVE PENALTY.  (a)  If a person violates a permit of this chapter and the violation results in pollution of the air or water of this state or poses a threat to the public safety, the person may be assessed a civil penalty by the commission.
(b)  The penalty may not exceed $10,000 a day 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 the permittee's history of previous violations of this chapter, the seriousness of the violation, any hazard to the health or safety of the public, and the demonstrated good faith of the permittee or person charged.
Added by Acts 1983, 68th Leg., p. 1409, ch. 286, Sec. 2, eff. Aug. 29, 1983.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter G. Enforcement › Section 131.2662. Penalty Assessment Procedure

Sec. 131.2662.  PENALTY ASSESSMENT PROCEDURE.  (a)  A civil penalty may be assessed only after the person charged with a violation described under Section 131.2661 of this code has been given an opportunity for a public hearing.
(b)  If a public hearing has been held, the commission shall make findings of fact, and it shall issue a written decision as to the occurrence of the violation and the amount of the penalty that is warranted, incorporating, when appropriate, an order requiring that the penalty be paid.
(c)  If appropriate, the commission shall consolidate the hearings with other proceedings under this chapter.
(d)  If the person charged with the violation fails to avail himself of the opportunity for a public hearing, a civil penalty may be assessed by the commission after it has determined that a violation did occur and the amount of the penalty that is warranted.
(e)  The commission shall then issue an order requiring that the penalty be paid.
Added by Acts 1983, 68th Leg., p. 1409, ch. 286, Sec. 2, eff. Aug. 29, 1983.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter G. Enforcement › Section 131.2663. Payment of Penalty; Refund

Sec. 131.2663.  PAYMENT OF PENALTY;  REFUND.  (a)  On the issuance of notice or an order finding that a violation has occurred, the commission shall inform the person charged within 30 days of the proposed amount of the penalty.
(b)  Within the 30-day period immediately following the day on which the notice or order is issued, the person charged with the penalty shall pay the proposed penalty in full or, if the person wishes to contest either the amount of the penalty or the fact of the violation, forward the proposed amount to the commission for placement in an escrow account.
(c)  If through administrative or judicial review of the proposed penalty it is determined that no violation occurred or that the amount of the penalty should be reduced, the commission shall, within the 30-day period immediately following that determination, remit the appropriate amount to the person, with interest at the prevailing United States Department of the Treasury rate.
(d)  Failure to forward the money to the commission within the time provided by Subsection (b) of this section results in a waiver of all legal rights to contest the violation or the amount of the penalty.
Added by Acts 1983, 68th Leg., p. 1409, ch. 286, Sec. 2, eff. Aug. 29, 1983.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter G. Enforcement › Section 131.2664. Recovery of Penalty

Sec. 131.2664.  RECOVERY OF PENALTY.  Civil penalties owed under Sections 131.2661-131.2663 of this code may be recovered in a civil action brought by the attorney general at the request of the commission.
Added by Acts 1983, 68th Leg., p. 1409, ch. 286, Sec. 2, eff. Aug. 29, 1983.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter G. Enforcement › Section 131.267. Criminal Penalty for Violating Permits and Orders

Sec. 131.267.  CRIMINAL PENALTY FOR VIOLATING PERMITS AND ORDERS.  A person who wilfully and knowingly violates a condition of a permit issued under this chapter or fails or refuses to comply with an order issued under Section 131.264 of this code or an order incorporated in a final decision issued by the commission under this chapter, on conviction by a district court, shall be punished by a criminal penalty of not more than $10,000 or by imprisonment for not more than one year or by both.
Acts 1977, 65th Leg., p. 2632, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter G. Enforcement › Section 131.268. Criminal Penalty for Corporate Permittee

Sec. 131.268.  CRIMINAL PENALTY FOR CORPORATE PERMITTEE.  If a corporate permittee violates a condition of a permit issued under this chapter or fails or refuses to comply with an order issued under Section 131.264 of this code 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, failure, or refusal, on conviction by a district court, is punishable by a criminal penalty of not more than $10,000 or by imprisonment for not more than one year or by both.
Acts 1977, 65th Leg., p. 2632, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter G. Enforcement › Section 131.269. Criminal Penalty for False Statement, Representation, or Certification

Sec. 131.269.  CRIMINAL PENALTY FOR FALSE STATEMENT, REPRESENTATION, OR CERTIFICATION.  A person who knowingly makes a false statement, representation, or certification or who knowingly fails to make a statement, representation, or certification in an application, record, report, plan, or other document filed or required to be maintained under this chapter, on conviction by a district court, is punishable by a criminal penalty of not more than $10,000 or by imprisonment for not more than one year or by both.
Acts 1977, 65th Leg., p. 2633, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter G. Enforcement › Section 131.270. Recovery of Civil Penalties

Sec. 131.270.  RECOVERY OF CIVIL PENALTIES.  (a)  The commission may request the attorney general to institute a suit to recover civil or criminal penalties or to obtain injunctive relief or for both as provided in Sections 131.265 through 131.269 of this code.
(b)  Suit shall be brought in a district court in Travis County or in the county in which the greater portion of the surface mining and reclamation operation is located.
Acts 1977, 65th Leg., p. 2633, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter H. Discharges › Section 131.301. Discharge Rules, Orders, and Permits

Sec. 131.301.  DISCHARGE RULES, ORDERS, AND PERMITS.  To prevent the pollution of surface and subsurface water in the state, the commission has the exclusive authority to adopt rules and may issue orders and permits relating to the discharge or runoff of waste or any other substance or material from any permitted uranium exploration activity.  Notwithstanding any provision of any other section of this chapter, a rule adopted, order issued, or permit issued by the commission under this subchapter shall be administered and enforced solely in the manner provided by this subchapter by the rule, order, or permit, or by Chapter 2001, Government Code.
Added by Acts 1985, 69th Leg., ch. 921, Sec. 7, eff. June 15, 1985.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1117 (H.B. 3837), Sec. 3, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter H. Discharges › Section 131.302. Access to Property and Records

Sec. 131.302.  ACCESS TO PROPERTY AND RECORDS.  Members and employees of the commission, on proper identification, may enter public or private property to inspect and investigate conditions associated with any uranium exploration activity and related to the quality of water in the state, to inspect and investigate conditions related to the development of rules, orders, or permits issuable by the commission under this subchapter, to monitor compliance with any rule, order, or permit issued by the commission under this subchapter, or to examine and copy, during reasonable working hours, any records required to be maintained under any rule, order, or permit issued by the commission under this subchapter.  Members or employees acting under the authority of this section who enter an establishment on public or private property shall observe the establishment's safety, internal security, and fire protection rules.
Added by Acts 1985, 69th Leg., ch. 921, Sec. 7, eff. June 15, 1985.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter H. Discharges › Section 131.303. Injunctive Relief and Civil Penalty

Sec. 131.303.  INJUNCTIVE RELIEF AND CIVIL PENALTY.  If a person violates or threatens to violate a rule, order, or permit issued by the commission under this subchapter, the commission may request the attorney general to institute an action to obtain a permanent or temporary injunction, temporary restraining order, or other appropriate order enjoining the violation or threatened violation, or to recover a civil penalty of not more than $10,000 a day for each violation or threatened violation, or for both injunctive relief and civil penalty.  The action shall be brought in a court of competent jurisdiction in Travis County, in the county in which the violation occurred, or in the county of residence of any defendant.
Added by Acts 1985, 69th Leg., ch. 921, Sec. 7, eff. June 15, 1985.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter H. Discharges › Section 131.304. Administrative Penalty

Sec. 131.304.  ADMINISTRATIVE PENALTY.  A person who violates a rule, order, or permit issued by the commission under this subchapter may be assessed a civil penalty by the commission.  The penalty may not exceed $10,000 a day for each violation.  Each day a violation continues may be considered a separate violation for purposes of penalty assessments.  In determining the amount of the penalty, the commission shall consider the permittee's history of previous violations, the seriousness of the violation, any hazard to the health or safety of the public, and the demonstrated good faith of the person charged.  The penalty shall be assessed, recovered, and contested in accordance with the procedures provided in Sections 131.2662-131.2664 of Subchapter G of this chapter.
Added by Acts 1985, 69th Leg., ch. 921, Sec. 7, eff. June 15, 1985.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter H. Discharges › Section 131.305. Criminal Penalty

Sec. 131.305.  CRIMINAL PENALTY.  A person who knowingly, willfully, or with criminal negligence violates a rule, order, or permit issued by the commission under this subchapter commits an offense that is punishable by a fine of not more than $10,000 a day for each violation.  Venue for prosecution of an alleged violation is in a court of competent jurisdiction in the county in which the violation is alleged to have occurred.
Added by Acts 1985, 69th Leg., ch. 921, Sec. 7, eff. June 15, 1985.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter I. Permits for Exploration Activities › Section 131.351. Applicability of Subchapter

Sec. 131.351.  APPLICABILITY OF SUBCHAPTER.  (a)  If this subchapter conflicts with other law, this subchapter controls.
(b)  Sections 131.037, 131.038, 131.039, 131.040, 131.041, 131.042, 131.043, 131.044, and 131.045 do not apply to exploration activity subject to an exploration permit issued under this subchapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1117 (H.B. 3837), Sec. 6, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter I. Permits for Exploration Activities › Section 131.352. Exploration Permits

Sec. 131.352.  EXPLORATION PERMITS.  (a)  A person may not conduct exploration activity unless the person holds an exploration permit issued by the commission.
(b)  An exploration permit issued by the commission may contain provisions and conditions necessary to implement the policies of this subchapter.  The commission shall adopt rules governing the amendment, revocation, transfer, or suspension of an exploration permit.
(c)  A person may conduct exploration activities under an exploration permit issued by the commission until the term expires or may apply for a new exploration permit issued under this subchapter if:
(1)  the person has been exploring under an exploration permit issued before June 1, 2007; or
(2)  the person has a pending application on file before June 1, 2007, and is issued the exploration permit after that date.
(d)  On expiration of an exploration permit held by a person described by Subsection (c)(1) or (2), the person may apply for an exploration permit renewal under this subchapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1117 (H.B. 3837), Sec. 6, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter I. Permits for Exploration Activities › Section 131.353. Scope of Exploration Permit

Sec. 131.353.  SCOPE OF EXPLORATION PERMIT.  (a)  An exploration permit may govern  all activities associated with determining the location, quantity, or quality of uranium deposits.
(b)  An exploration permit must contain provisions to govern:
(1)  locating, drilling, plugging, and abandoning exploration holes;
(2)  casing exploration holes for use in the exploration process;
(3)  using cased exploration wells for rig supply purposes; and
(4)  plugging and abandoning cased exploration wells.
(c)  Except as provided by Section 131.354, a cased exploration well subject to an exploration permit issued under this subchapter is exempt from regulation by another agency, governmental entity, or political subdivision if the well is:
(1)  used for exploration; or
(2)  used for rig supply purposes.
Added by Acts 2007, 80th Leg., R.S., Ch. 1117 (H.B. 3837), Sec. 6, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter I. Permits for Exploration Activities › Section 131.354. Commission Jurisdiction

Sec. 131.354.  COMMISSION JURISDICTION.  (a)  The commission has jurisdiction over uranium exploration holes and cased exploration wells completed under an exploration permit issued under this subchapter until:
(1)  exploration holes and cased exploration wells are properly plugged and abandoned; or
(2)  cased exploration wells are:
(A)  registered with the Texas Commission on Environmental Quality; or
(B)  included in an area permit issued by the Texas Commission on Environmental Quality under Chapter 27, Water Code.
(b)  A well described by Section 131.353(c) is subject to a groundwater conservation district's rules regarding registration of wells if:
(1)  the well is located in the groundwater conservation district and the well is used for monitoring purposes; and
(2)  the cumulative amount of water produced from the wells located inside the area subject to the exploration permit and completed under the exploration permit issued under this subchapter exceeds 40 acre feet in one year.
(c)  A well described by Section 131.353(c) is subject to a groundwater conservation district's rules for registration, production, and reporting if:
(1)  the well is located in the groundwater conservation district and the well is used for rig supply purposes; and
(2)  the cumulative amount of water produced from the wells located inside the area subject to the exploration permit and completed under the exploration permit issued under this subchapter exceeds 40 acre feet in one year.
(d)  Each month, the holder of an exploration permit governing a well described by Section 131.353(c) and located in a groundwater conservation district shall report to the district the total amount of water produced from each well described by Section 131.353(c) and located inside the area subject to the exploration permit.
(e)  Each groundwater conservation district shall use the number of acres described in the exploration permit in determining any district production requirements.
Added by Acts 2007, 80th Leg., R.S., Ch. 1117 (H.B. 3837), Sec. 6, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter I. Permits for Exploration Activities › Section 131.355. Application Fees

Sec. 131.355.  APPLICATION FEES.  (a)  The commission may impose an application fee to recover the costs of administering this subchapter.
(b)  Section 131.231 does not apply to a fee imposed under this subchapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 1117 (H.B. 3837), Sec. 6, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter I. Permits for Exploration Activities › Section 131.356. Notification by Commission

Sec. 131.356.  NOTIFICATION BY COMMISSION.  (a)  At the time the commission receives an application for an exploration permit, the commission shall provide written notice of the exploration permit application to:
(1)  each groundwater conservation district in the area in which the permitted exploration will occur;
(2)  the mayor and health authority of each municipality in the area in which the permitted exploration will occur;
(3)  the county judge and health authority of each county in the area in which the permitted exploration will occur; and
(4)  each member of the legislature who represents the area in which the proposed exploration will occur.
(b)  At the time the commission issues an exploration permit under this subchapter, the commission shall provide written notice of the exploration permit to:
(1)  each groundwater conservation district in the area in which the permitted exploration will occur;
(2)  the mayor and health authority of each municipality in the area in which the permitted exploration will occur;
(3)  the county judge and health authority of each county in the area in which the permitted exploration will occur; and
(4)  each member of the legislature who represents the area in which the proposed exploration will occur.
Added by Acts 2007, 80th Leg., R.S., Ch. 1117 (H.B. 3837), Sec. 6, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter I. Permits for Exploration Activities › Section 131.357. Geologic, Hydrologic, Water Quality, and Well Information

Sec. 131.357.  GEOLOGIC, HYDROLOGIC, WATER QUALITY, AND WELL INFORMATION.  (a)  A person issued an exploration permit under this subchapter that authorizes exploration in a groundwater conservation district shall provide to the district:
(1)  pre-exploration water quality information from:
(A)  each existing well located in the district that is tested by the person before exploration; and
(B)  the following wells, as applicable:
(i)  each existing well located inside the area subject to the exploration permit, if there are fewer than 10 existing wells located inside that area; or
(ii)  10 existing wells that are distributed as evenly as possible throughout the area subject to the exploration permit, if there are at least 10 existing wells located inside that area;
(2)  pre-mining water quality information from:
(A)  each existing well in the jurisdiction of the groundwater conservation district that the person tests during exploration; and
(B)  cased exploration wells completed under the exploration permit issued under this subchapter; and
(3)  well logs that do not contain confidential information as described by Section 131.048.
(b)  A person may take not more than 90 days after the person receives the final information to perform standard quality control and quality assurance procedures before submitting the information as required by Subsection (a).
(c)  If the commission issues to a person an exploration permit under this subchapter that governs wells described by Section 131.353(c) that are located inside a groundwater conservation district, the person shall provide to the district:
(1)  the person's name, address, and telephone number; and
(2)  the following information with regard to the wells described by Section 131.353(c):
(A)  well completion information for each well in the district;
(B)  the location of each well in the district, including a legal description and the acreage of the property where the well is located;
(C)  verification that each well will be used for an industrial purpose; and
(D)  the type and capacity of the pump used in each well.
Added by Acts 2007, 80th Leg., R.S., Ch. 1117 (H.B. 3837), Sec. 6, eff. September 1, 2007.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 132 - Interstate Mining Compact › Section 132.001. Adoption of Compact

Sec. 132.001.  ADOPTION OF COMPACT.  The Interstate Mining Compact is enacted into law and entered into with all other jurisdictions legally joining in the compact in the form provided in Section 132.002 of this code.
Acts 1977, 65th Leg., p. 2633, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 132 - Interstate Mining Compact › Section 132.003. Establishment and Duties of Texas Mining Council

Sec. 132.003.  ESTABLISHMENT AND DUTIES OF TEXAS MINING COUNCIL.  The Texas Mining Council is established in the office of the governor and shall perform the duties of the advisory board provided in Section (a), Article V of the Interstate Mining Compact.
Acts 1977, 65th Leg., p. 2639, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 132 - Interstate Mining Compact › Section 132.004. Membership of Texas Mining Council

Sec. 132.004.  MEMBERSHIP OF TEXAS MINING COUNCIL.  (a)  The Texas Mining Council is composed of 11 members appointed by the governor.
(b)  Each member of the Texas Mining Council shall be a member of the general public who has demonstrated a continuing interest in conservation matters, the head of a state agency, board, or commission, or a representative of the mining industry.
(c)  Of the 11 members of the Texas Mining Council, at least three shall be members of the general public who have demonstrated an interest in conservation matters, at least three shall be representatives of the mining industry, and at least two shall be heads of state agencies, boards, or commissions.
(d)  The service of members who are heads of state agencies, boards, or commissions is in addition to their other duties.
(e)  A person serving as a member of the Texas Mining Council who is the head of a state agency, board, or commission ceases to be a member of the council if he ceases to be head of a state agency, board, or commission.
Acts 1977, 65th Leg., p. 2639, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 132 - Interstate Mining Compact › Section 132.0041. Limitations on Council Membership

Sec. 132.0041.  LIMITATIONS ON COUNCIL MEMBERSHIP.  (a)  A member or employee of the council may not be an officer, employee, or paid consultant of a trade association for an industry that is engaged in any of the types of mining defined by Section (a), Article II of the Interstate Mining Compact.
(b)  A person is not eligible for appointment as a public member of the council if the person or the person's spouse:
(1)  is employed by or participates in the management of a business entity or other organization related to the field of mining as defined by Section (a), Article II of the Interstate Mining Compact;  or
(2)  has, other than as a consumer, a financial interest in a business entity related to the field of mining as defined by Section (a), Article II of the Interstate Mining Compact.
Added by Acts 1983, 68th Leg., p. 2913, ch. 495, Sec. 1, eff. Aug. 29, 1983.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 132 - Interstate Mining Compact › Section 132.0042. Removal of Council Members

Sec. 132.0042.  REMOVAL OF COUNCIL MEMBERS.  (a)  It is a ground for removal from the council if a member:
(1)  does not have at the time of appointment the qualifications required by Section 132.004 of this code for appointment to the council;
(2)  does not maintain during the service on the council the qualifications required by Section 132.004 of this code for appointment to the council;  or
(3)  violates a prohibition established by Section 132.0041 of this code.
(b)  The validity of an action of the council is not affected by the fact that it was taken when a ground for removal of a member of the council existed.
Added by Acts 1983, 68th Leg., p. 2913, ch. 495, Sec. 1, eff. Aug. 29, 1983.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 132 - Interstate Mining Compact › Section 132.005. Terms of Office

Sec. 132.005.  TERMS OF OFFICE.  Members of the Texas Mining Council shall serve for terms of two years.
Acts 1977, 65th Leg., p. 2639, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 132 - Interstate Mining Compact › Section 132.0051. Council Chairman

Sec. 132.0051.  COUNCIL CHAIRMAN.  The member of the council selected as the governor's alternate under Section (a), Article V of the Interstate Mining Compact serves as chairman of the council.
Added by Acts 1983, 68th Leg., p. 2913, ch. 495, Sec. 1, eff. Aug. 29, 1983.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 132 - Interstate Mining Compact › Section 132.006. Compensation and Travel Expenses

Sec. 132.006.  COMPENSATION AND TRAVEL EXPENSES.  (a)  The members of the Texas Mining Council are not entitled to compensation for their services.
(b)  The members of the Texas Mining Council are entitled to receive actual expenses incurred for attendance at council meetings or attendance at meetings of the Interstate Mining Commission as alternate for the governor.
Acts 1977, 65th Leg., p. 2639, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 132 - Interstate Mining Compact › Section 132.007. Membership in Employees Retirement System

Sec. 132.007.  MEMBERSHIP IN EMPLOYEES RETIREMENT SYSTEM.  (a)  The Employees Retirement System of Texas may enter into agreements with the Interstate Mining Commission for participation in the retirement system and other benefit programs for state employees administered by the agency or agencies.
(b)  An agreement made under this section shall provide, as nearly as possible, for rights, contributions, obligations, and benefits comparable to those accorded employees of this state participating in or benefiting from the program involved.
Acts 1977, 65th Leg., p. 2639, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 132 - Interstate Mining Compact › Section 132.008. Filing Bylaws and Amendments

Sec. 132.008.  FILING BYLAWS AND AMENDMENTS.  A copy of the bylaws and all amendments to the bylaws of the Interstate Mining Commission promulgated under Section (i), Article V of the Interstate Mining Compact shall be filed in the office of the Secretary of State.
Acts 1977, 65th Leg., p. 2639, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 132 - Interstate Mining Compact › Section 132.0081. Annual Report

Sec. 132.0081.  ANNUAL REPORT.  On or before October 1 of each year, the office of the Interstate Mining Compact Commissioner for Texas shall prepare and file with the presiding officer of each house of the legislature a complete and detailed written report describing activities of the office relating to this state's participation in the Interstate Mining Compact and accounting for all funds received and disbursed by the office during the preceding year.  The report must be included as part of the annual financial report of the governor's office.
Added by Acts 1983, 68th Leg., p. 2913, ch. 495, Sec. 1, eff. Aug. 29, 1983.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 133 - Quarry Safety › Subchapter A. General Provisions › Section 133.001. Short Title

Sec. 133.001.  SHORT TITLE.  This chapter may be cited as the Texas Aggregate Quarry and Pit Safety Act.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 133 - Quarry Safety › Subchapter A. General Provisions › Section 133.002. Purpose

Sec. 133.002.  PURPOSE.  The Legislature of the State of Texas finds that:
(1)  protection of the public good by requiring safety devices for certain aggregate quarries and pits and regulation of public access to such aggregate quarries and pits, with reasonable, fair, and certain laws, accompanied by civil penalties for failure to obey such laws, are essential to protect the public good and welfare;
(2)  to carry out the stated purpose of this Act, a method must be provided to secure usable information concerning the definition, existence of, operation of, and abandonment of aggregate quarries and pits;
(3)  to provide for a centralized, easily understood method of requiring safety devices and the administration thereof by one agency of this state to the exclusion of any other governmental entity is essential to the smooth workings of any law having statewide impact.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 133 - Quarry Safety › Subchapter B. Authority of Commission › Section 133.011. General Authority of the Commission

Sec. 133.011.  GENERAL AUTHORITY OF THE COMMISSION.  To accomplish the limited purposes of this chapter, the commission may:
(1)  with proper notice to all parties affected, adopt rules and regulations consistent with the provisions of this chapter and issue orders necessary to implement and enforce this chapter;
(2)  conduct research necessary for the discharge of its duties under this chapter;
(3)  collect and make available to the public information relating to the inventory and classification of quarries, including maps and other technical data;
(4)  apply for, accept, receive, and administer grants, gifts, loans, or other funds from any source;  and
(5)  hold public hearings, take written sworn testimony, hear witnesses upon oath, and consider reports in regard to the classifications of pits within the definitions of hazardous proximity to a public road and unacceptable unsafe location, issuing rules and orders in relation thereto.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991.