reglab/statecodes huggingface dataset:
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter B. Powers and Duties of the Commission › Section 131.043. Inspection by Commission

Sec. 131.043.  INSPECTION BY COMMISSION.  Without advance notice and on presentation of appropriate credentials to the operation supervisor, if present, the authorized representatives of the commission are entitled to enter in, on, or through a surface mining operation or premises in which any records required under Section 131.042 of this code are located, and may at reasonable times and without delay have access to and copy any records and inspect monitoring equipment or methods of operation required under this chapter.
Acts 1977, 65th Leg., p. 2614, 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 B. Powers and Duties of the Commission › Section 131.044. Time and Procedures for Inspections

Sec. 131.044.  TIME AND PROCEDURES FOR INSPECTIONS.  (a)  The inspections by the commission shall occur on an irregular basis at a frequency necessary to insure compliance with the intent and purposes of this chapter and the commission's rules for the surface mining and reclamation operations covered by each permit.
(b)  The inspections shall occur only during normal operating hours if practicable and without prior notice to the permittee or his agents or employees.
(c)  An inspection shall include the filing of an inspection report adequate to enforce the requirements of and to carry out the terms and purposes of this chapter.  The commission shall make each report a part of the record and furnish one copy of the report to the operator.
(d)  Insofar as practicable, the commission shall establish a system of rotation of inspectors.
Acts 1977, 65th Leg., p. 2615, 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 B. Powers and Duties of the Commission › Section 131.045. Sign

Sec. 131.045.  SIGN.  Each permittee shall maintain at the entrances to the surface mining and reclamation operations a clearly visible sign that sets forth the name, business address, and phone number of the permittee and the permit number of the surface mining and reclamation operations.
Acts 1977, 65th Leg., p. 2615, 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 B. Powers and Duties of the Commission › Section 131.046. Procedure on Detection of Violation

Sec. 131.046.  PROCEDURE ON DETECTION OF VIOLATION.  On detection of each violation of a requirement of this chapter, each inspector shall inform the operator of the violation orally at the time of the detection and in writing at a later time and shall report the violation in writing to the commission.
Acts 1977, 65th Leg., p. 2615, 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 B. Powers and Duties of the Commission › Section 131.047. Judicial Review

Sec. 131.047.  JUDICIAL REVIEW.  (a)  Any party to the administrative proceedings whose interest is or may be adversely affected by a ruling, order, decision, or other act of the commission may appeal by filing a petition in a district court of Travis County or in the county in which the greater portion of the land in question is located.
(b)  The plaintiff shall pursue his action with reasonable diligence, and if the plaintiff does not prosecute his action within one year after the action is filed, the court shall presume that the action has been abandoned.  The court shall dismiss the suit on a motion for dismissal made by the attorney general unless the plaintiff, after receiving due notice, can show good and sufficient cause for the delay.
(c)  The court shall hear the complaint solely on the record made before the commission.  The findings of the commission, if supported by substantial evidence on the record considered as a whole, shall be upheld.
(d)  The court may, under conditions it may prescribe, grant temporary relief that it considers appropriate pending final determination of the proceedings.
(e)  The commencement of a proceeding under this section shall not, unless specifically ordered by the court, operate as a stay of the action, order, or decision of the commission.
(f)  Repealed by Acts 1981, 67th Leg., p. 2647, ch. 707, Sec. 4(48), eff. Aug. 31, 1981.
Acts 1977, 65th Leg., p. 2615, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 1989, ch. 784, Sec. 2, eff. Aug. 27, 1979;  Acts 1981, 67th Leg., p. 2646, ch. 707, Sec. 4(48), eff. Aug. 31, 1981.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter B. Powers and Duties of the Commission › Section 131.048. Confidentiality

Sec. 131.048.  CONFIDENTIALITY.  Information submitted to the commission concerning mineral deposits, including test borings, core samplings, geophysical logs, or trade secrets or privileged commercial or financial information relating to the competitive rights of the applicant for an exploration permit or surface mining permit and specifically identified as confidential by the applicant, if not essential for public review as determined by the commission, shall not be disclosed by any member, agent, or employee of the commission.
Acts 1977, 65th Leg., p. 2616, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
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 B. Powers and Duties of the Commission › Section 131.049. Temporary Orders Prior to Notice and Hearing

Sec. 131.049.  TEMPORARY ORDERS PRIOR TO NOTICE AND HEARING.  (a)  The commission may issue temporary orders relating to a surface mining operation without notice and hearing, or with the notice and hearing as the commission considers practical under the circumstances, when necessary to enable action to be taken more expeditiously than is otherwise provided by this chapter to effectuate the policy and purposes of this chapter.
(b)  If the commission issues a temporary order under this authority without a hearing, and if the subject matter of the order is such as to require a public hearing under Section 131.163 of this code or under any rule of the commission, the order shall set a time and place for a public hearing to be held.  The hearing shall be held as soon after the temporary order is issued as is practical.
(c)  At the hearing, the commission shall affirm, modify, or set aside the temporary order.  If the nature of the commission's action requires, further proceedings shall be conducted as appropriate under provisions of Chapter 2001, Government Code.
(d)  The requirements of Sections 131.159 and 131.160 of this code relating to the time for notice, newspaper notice, and method of giving a person notice do not apply to the hearing, but general notice of the hearing shall be given that the commission considers practical under the circumstances.
Added by Acts 1979, 66th Leg., p. 853, ch. 379, Sec. 6, eff. June 6, 1979.  Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter C. Plans and Standards › Section 131.101. Reclamation Plan

Sec. 131.101.  RECLAMATION PLAN.  (a)  A reclamation plan shall be developed in a manner consistent with local, physical, environmental, and climatological conditions and current mining and reclamation technologies.
(b)  A reclamation plan submitted as part of a permit application shall include:
(1)  the identification of the entire area to be mined and affected over the estimated life of the mining operation;
(2)  the condition of the land to be covered by the permit prior to any mining, including:
(A)  the uses existing at the time of the application, and if the land has a history of previous mining, the uses, if reasonably ascertainable, that immediately preceded any mining;  and
(B)  the capability of the land prior to any mining to support a variety of uses giving consideration to soil and foundation characteristics, topography, and vegetative cover;
(3)  the capacity of the land to support its anticipated use following reclamation, including a discussion of the capacity of the reclaimed land to support alternative uses;
(4)  a description of how the proposed postmining land condition is to be achieved and the necessary support activities that may be needed to achieve the condition, including an estimate of the cost per acre of the reclamation;
(5)  the steps taken to comply with applicable air and water quality and water rights laws and regulations and any applicable health and safety standards, including copies of any pertinent permit applications;
(6)  a general timetable that the operator estimates will be necessary for accomplishing the major events included in the reclamation plan;  and
(7)  other information the commission, by rule, determines to be reasonably necessary to effectuate the purposes of this chapter.
(c)  The operator may revise or amend the reclamation plan at any time in accordance with the requirements of this code.
Acts 1977, 65th Leg., p. 2616, 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 D. Surface Mining Permits › Section 131.131. Permit Required for Operation

Sec. 131.131.  PERMIT REQUIRED FOR OPERATION.  (a)  No person shall conduct a surface mining operation unless he first obtains a surface mining permit issued by the commission under this subchapter;  provided, any operator conducting a surface mining operation in this state before September 20, 1976, who has filed a permit application pursuant to this chapter, may continue to conduct that surface mining operation until the commission approves or denies his application.
(b)  An operator who was conducting a surface mining operation in this state after the expiration of 180 days following the promulgation of the initial rules under Section 131.026 of this code and who has filed a permit application in accordance with the provisions of this subchapter may continue to conduct the surface mining operation until the commission approves or denies his application.
Acts 1977, 65th Leg., p. 2619, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 1990, ch. 784, Sec. 3, eff. Aug. 27, 1979.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter D. Surface Mining Permits › Section 131.132. Form of Permit Application

Sec. 131.132.  FORM OF PERMIT APPLICATION.  On application to the commission for a surface mining permit, an operator shall submit three copies of a permit application on a form prescribed by the commission, and the commission shall require in the form the information it considers reasonably necessary to process the application and to ensure compliance with the provisions of this chapter.
Acts 1977, 65th Leg., p. 2620, 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 D. Surface Mining Permits › Section 131.133. Required Information

Sec. 131.133.  REQUIRED INFORMATION.  The permit application shall include information concerning:
(1)  the name, address, ownership, and management officers of the permit applicant and affiliated persons engaged in surface mining;
(2)  legal and equitable interests of record, if reasonably ascertainable, in the surface and mineral estates of the permit area and in the surface estate of land located within 500 feet of the permit area, provided that the mineral estate includes only minerals as defined in this chapter;
(3)  persons residing on the property at the time of the application;
(4)  current or previous surface mining permits held by the applicant, including any revocations, suspensions, or bond forfeitures;
(5)  the type and method of surface mining operation, the engineering techniques, and the equipment that is proposed to be used, including mining schedules, the nature and expected amount of overburden to be removed, the depth of excavations, a description of the affected land and permit area, the results of any test borings, test pits, or core samplings that have been gathered from the permit area, and the anticipated hydrologic consequences of the mining operation;
(6)  the applicant's legal right to surface mine the affected land;  and
(7)  other pertinent matters that the commission considers reasonably necessary to effectuate the provisions of this chapter.
Acts 1977, 65th Leg., p. 2620, 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 D. Surface Mining Permits › Section 131.134. Documents to Be Included With Application

Sec. 131.134.  DOCUMENTS TO BE INCLUDED WITH APPLICATION.  An applicant shall include with his permit application a copy of a reclamation plan prepared as provided in Section 131.101 of this code and a copy of the notice published in compliance with the requirement of Section 131.159 of this code.
Acts 1977, 65th Leg., p. 2620, 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 D. Surface Mining Permits › Section 131.135. Application Fees

Sec. 131.135.  APPLICATION FEES.  (a)  Each application for a surface mining permit shall be accompanied by an initial application fee as determined by the commission in accordance with a published fee schedule.
(b)  An initial application fee shall be based as nearly as possible on the actual or anticipated cost of reviewing the application, but shall not exceed $400.
(c)  After approval but before issuance of the surface mining permit, the applicant shall pay an approved application fee in the amount of $10 per acre of the permit area, which may be paid in annual installments apportioned over the term of the permit.
Acts 1977, 65th Leg., p. 2620, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 1991, ch. 784, Sec. 4, eff. Aug. 27, 1979;  Acts 1983, 68th Leg., p. 358, ch. 81, Sec. 2(b), eff. Sept. 1, 1983.
Sec. 131.136.  AMENDMENT TO PERMIT APPLICATION.  A permit application may be amended to exclude the part of an operation that lies within an area designated as unsuitable for surface mining under Sections 131.035 through 131.041 of this code.
Acts 1977, 65th Leg., p. 2621, 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 D. Surface Mining Permits › Section 131.137. Combined Permit Application

Sec. 131.137.  COMBINED PERMIT APPLICATION.  (a)  The commission shall adopt rules permitting an operator of more than one noncontiguous surface mining operation to submit a single application for a combined surface mining permit covering all his mining operations.
(b)  A combined permit application shall require the same detailing of information as required by this subchapter for each separate location.
(c)  An operator desiring to operate under a combined permit may submit a consolidated reclamation plan covering all his operations under rules prescribed by the commission, but he may be required to furnish specific information relating to reclamation of a single operating area if the commission determines that this is necessary to carry out the purposes of this chapter.
(d)  Except as provided in this section, each surface mining operation submitted as part of a combined permit application shall be separate and independent of all other surface mining operations included in the same permit application.
(e)  The commission may approve or deny an individual surface mining operation and the reclamation plan that relates to an individual surface mining operation without affecting other portions of the same permit application.
Acts 1977, 65th Leg., p. 2621, 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 D. Surface Mining Permits › Section 131.138. Filing Application With County Clerk

Sec. 131.138.  FILING APPLICATION WITH COUNTY CLERK.  After deleting confidential information as provided in Section 131.048 of this code, the commission shall file for public inspection with the county clerk at the county courthouse of the county in which any portion of the mining is proposed to occur a copy of each application.
Acts 1977, 65th Leg., p. 2621, 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 D. Surface Mining Permits › Section 131.139. Submission of Application to Agencies for Comment

Sec. 131.139.  SUBMISSION OF APPLICATION TO AGENCIES FOR COMMENT.  (a)  The commission immediately shall submit copies of the permit application to the Parks and Wildlife Department, Texas Natural Resource Conservation Commission, General Land Office, Texas Historical Commission, State Soil and Water Conservation Board, Bureau of Economic Geology, Texas Department of Health, and other state agencies whose jurisdiction the commission feels the particular mining operation may affect.
(b)  Each of these agencies shall review the permit application and submit any comments the agency cares to make within 30 days of receipt of the application.
(c)  An agency's comments shall include an enumeration of permits or licenses required under the agency's jurisdiction.
(d)  The comments of each agency shall be made a part of the record and a copy shall be furnished to the applicant.
Acts 1977, 65th Leg., p. 2621, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1985, 69th Leg., ch. 795, Sec. 1.154, eff. Sept. 1, 1985;  Acts 1995, 74th Leg., ch. 76, Sec. 11.274, eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter D. Surface Mining Permits › Section 131.140. Approval of Permit

Sec. 131.140.  APPROVAL OF PERMIT.  (a)  The commission shall grant a surface mining permit if it is established that the permit application complies with the requirements of this chapter and applicable federal and state laws.
(b)  The commission may approve a surface mining permit conditioned on the approval of other state permits or licenses that may be required.
Acts 1977, 65th Leg., p. 2622, 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 D. Surface Mining Permits › Section 131.141. Denial of a Permit

Sec. 131.141.  DENIAL OF A PERMIT.  The commission shall deny a permit if:
(1)  it finds that the reclamation as required by this chapter cannot be accomplished by means of the proposed reclamation plan;
(2)  part of the proposed operation lies within an area designated as unsuitable for surface mining in Sections 131.035 through 131.041 of this code;
(3)  it is advised by the Texas Natural Resource Conservation Commission that the proposed mining operation will cause pollution of water of the state, or that the proposed mining operation will cause pollution of the ambient air of the state, in violation of the laws of this state;
(4)  the applicant has had another permit issued under this chapter revoked or any bond posted to comply with this chapter forfeited and the conditions causing the permit to be revoked or the bond to be forfeited have not been corrected to the satisfaction of the commission;
(5)  it determines that the proposed operation will endanger the health and safety of the public;
(6)  the surface mining operation will adversely affect a public highway or road;  or
(7)  the operator is unable to produce the bonds or otherwise meet the requirements of Sections 131.201 through 131.206 of this code.
Acts 1977, 65th Leg., p. 2622, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 1989, ch. 784, Sec. 2, eff. Aug. 27, 1979;  Acts 1995, 74th Leg., ch. 76, Sec. 11.275, eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter D. Surface Mining Permits › Section 131.142. Term and Transferability of Permit

Sec. 131.142.  TERM AND TRANSFERABILITY OF PERMIT.  (a)  A surface mining permit issued under this chapter for uranium and uranium ore shall be issued for a term of not more than 10 years.
(b)  Except as provided in Sections 131.155 through 131.158 of this code, a surface mining permit is nontransferable.
Acts 1977, 65th Leg., p. 2622, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 308, ch. 141, Sec. 41, eff. May 9, 1979;  Acts 1979, 66th Leg., p. 853, ch. 379, Sec. 4, eff. June 6, 1979.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter D. Surface Mining Permits › Section 131.143. Liability Insurance Policy

Sec. 131.143.  LIABILITY INSURANCE POLICY.  (a)  After a permit application is approved but before the permit is issued, the applicant shall file a certificate of insurance certifying that the applicant has in force a public liability insurance policy issued by an insurance company authorized to conduct business in this state or, if the applicant is unable to obtain coverage from an insurance carrier authorized to do business in this state, file, with the commission's approval, such a certificate of insurance from a surplus lines insurer that meets the requirements of Chapter 981, Insurance Code, and rules adopted by the commissioner of insurance under that chapter.
(b)  The liability insurance policy required by Subsection (a) of this section shall cover all surface mining operations of the applicant in this state and shall afford bodily injury protection and accidental business property damage protection in an amount determined by the commission to compensate adequately any persons damaged as a result of surface mining and reclamation operations.
(c)  The liability insurance policy shall be maintained in full force and effect during the term of the permit or the renewal of the permit, including the length of all reclamation operations.
Acts 1977, 65th Leg., p. 2622, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1987, 70th Leg., ch. 1050, Sec. 3, eff. June 19, 1987;  Acts 2003, 78th Leg., ch. 1276, Sec. 10A.539, eff. Sept. 1, 2003.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter D. Surface Mining Permits › Section 131.144. Rules for Revision, Transfer, and Renewal of Permits

Sec. 131.144.  RULES FOR REVISION, TRANSFER, AND RENEWAL OF PERMITS.  The commission shall promulgate rules for renewal, revision, and transfer of surface mining permits.
Acts 1977, 65th Leg., p. 2623, 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 D. Surface Mining Permits › Section 131.145. Right to Renewal

Sec. 131.145.  RIGHT TO RENEWAL.  A valid surface mining permit issued under this chapter carries with it the right of successive renewal on expiration with respect to area within the boundaries of the existing permit.
Acts 1977, 65th Leg., p. 2623, 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 D. Surface Mining Permits › Section 131.146. Application for and Issuance of Renewal

Sec. 131.146.  APPLICATION FOR AND ISSUANCE OF RENEWAL.  The holder of a permit may apply for renewal and the renewal shall be issued on the basis of the following requirements and written findings by the commission that:
(1)  the terms and conditions of the existing permit are being satisfactorily met;
(2)  the performance bond or substitute collateral required under the terms of this chapter will continue in full force and effect and unimpaired for the requested renewal, revision, or transfer;
(3)  the operator has provided additional or revised information as required by the commission;  and
(4)  notice under Section 131.159 of this code has been provided with respect to the application for renewal, revision, or transfer.
Acts 1977, 65th Leg., p. 2623, 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 D. Surface Mining Permits › Section 131.147. Renewal Application Fee

Sec. 131.147.  RENEWAL APPLICATION FEE.  (a)  Each application for renewal of a surface mining permit shall be accompanied by a renewal application fee as determined by the commission in accordance with a published fee schedule.
(b)  The fee shall be based as nearly as possible on the actual or anticipated cost of reviewing the application, but in no event shall the amount exceed $200.
(c)  The approved application fee as provided in Section 131.135 of this code is not applicable to a renewal application except for the portion, if any, that addresses any new land areas.
Acts 1977, 65th Leg., p. 2623, 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 D. Surface Mining Permits › Section 131.148. Extension of Permit Coverage

Sec. 131.148.  EXTENSION OF PERMIT COVERAGE.  If an application for renewal of a valid permit includes a proposal to extend the mining operation beyond the boundaries authorized in the existing permit, the portion of the application for renewal of a valid permit that addresses any new land areas shall be subject to the full standards, including application fees, applicable to new applications under this chapter.
Acts 1977, 65th Leg., p. 2623, 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 D. Surface Mining Permits › Section 131.149. Term of Renewal Permit

Sec. 131.149.  TERM OF RENEWAL PERMIT.  A surface mining permit renewal shall be for a term not to exceed the period of the original permit established under this chapter.
Acts 1977, 65th Leg., p. 2623, 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 D. Surface Mining Permits › Section 131.150. Time Limit for Renewal Application

Sec. 131.150.  TIME LIMIT FOR RENEWAL APPLICATION.  Application for permit renewal shall be made at least 90 days before the expiration of the valid permit.
Acts 1977, 65th Leg., p. 2623, 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 D. Surface Mining Permits › Section 131.151. Revision of Permit

Sec. 131.151.  REVISION OF PERMIT.  During the term of a surface mining permit, the permittee may submit an application, together with a revised reclamation plan, to the commission for a revision of the permit.
Acts 1977, 65th Leg., p. 2624, 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 D. Surface Mining Permits › Section 131.152. Approval or Disapproval of Permit Revision

Sec. 131.152.  APPROVAL OR DISAPPROVAL OF PERMIT REVISION.  No application for a revision of a permit may be approved unless the commission finds that reclamation as required under this chapter can be accomplished under the revised reclamation plan.
Acts 1977, 65th Leg., p. 2624, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 1989, ch. 784, Sec. 2, eff. Aug. 27, 1979.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter D. Surface Mining Permits › Section 131.153. Guidelines for Revision

Sec. 131.153.  GUIDELINES FOR REVISION.  (a)  The commission shall establish by rule guidelines for a determination of the scale or extent of a revision request to which all permit application information requirements and procedures, including notice and hearings, shall apply.
(b)  A revision that proposes a substantial change in the intended future use of the land or significant alteration in the reclamation plan shall be subject at a minimum to the notice and hearing requirements provided in Sections 131.159 and 131.163 of this code.
Acts 1977, 65th Leg., p. 2624, 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 D. Surface Mining Permits › Section 131.154. Extensions to Area

Sec. 131.154.  EXTENSIONS TO AREA.  Except for incidental boundary revisions, an extension to the area covered by a permit must be made by application for another permit or for revision of a permit.
Acts 1977, 65th Leg., p. 2624, 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 D. Surface Mining Permits › Section 131.155. Transfer of Permit

Sec. 131.155.  TRANSFER OF PERMIT.  (a)  No transfer, assignment, or sale of the rights granted under a permit issued under this chapter shall be made without the written approval of the commission.
(b)  A person desiring to succeed to the interests of a permittee under this chapter must file an application on a form prescribed by the commission and including any pertinent information the commission by rule may require.
Acts 1977, 65th Leg., p. 2624, 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 D. Surface Mining Permits › Section 131.156. Required Information for Transfer

Sec. 131.156.  REQUIRED INFORMATION FOR TRANSFER.  As part of the information for transfer, the commission shall require:
(1)  the information required by Subdivisions (1) and (4) of Section 131.133 of this code relating to ownership and other mining activities of the applicant;
(2)  proof that the public liability insurance requirement in Section 131.143 of this code will be fulfilled;
(3)  proof that the performance bond or substitute collateral required by Sections 131.201 through 131.206 of this code will be furnished;  and
(4)  the statement of the applicant that he will faithfully carry out all of the requirements of the reclamation plan approved in the original application.
Acts 1977, 65th Leg., p. 2624, 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 D. Surface Mining Permits › Section 131.157. Approval of Transfer

Sec. 131.157.  APPROVAL OF TRANSFER.  After notice and an opportunity for a public hearing, if required under Sections 131.159 and 131.163 of this code, and on a written finding by the commission that the requirements of Sections 131.146 through 131.150 of this code have been met, the application for transfer shall be approved.
Acts 1977, 65th Leg., p. 2624, 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 D. Surface Mining Permits › Section 131.158. Denial of Application for Transfer

Sec. 131.158.  DENIAL OF APPLICATION FOR TRANSFER.  An application for transfer shall be denied if the applicant has had a permit issued under this chapter revoked or a bond posted to comply with this chapter forfeited, and the conditions causing the permit to be revoked or the bond to be forfeited have not been corrected to the satisfaction of the commission.
Acts 1977, 65th Leg., p. 2625, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 849, ch. 379, Sec. 1, eff. June 6, 1979.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter D. Surface Mining Permits › Section 131.159. Notice by Applicant

Sec. 131.159.  NOTICE BY APPLICANT.  (a)  At the time an application for a surface mining permit or an application for revision, renewal, or transfer of an existing surface mining permit is submitted under this chapter, the applicant shall publish notice of the ownership, location, and boundaries of the permit area sufficiently detailed for local residents to locate readily the proposed operation and the location at which the application is available for public inspection.
(b)  The notice shall be published in the local newspaper of greatest general circulation in the locality in which the proposed surface mine is to be located.
(c)  The notice shall be published at least once a week for four consecutive weeks.
Acts 1977, 65th Leg., p. 2625, 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 D. Surface Mining Permits › Section 131.160. Notification by Commission

Sec. 131.160.  NOTIFICATION BY COMMISSION.  The commission shall contact various local governmental bodies, planning agencies, sewage, and water treatment authorities or water companies that have jurisdiction over or in the locality in which the proposed surface mining will occur, and the owners of record of surface areas within 500 feet of any part of the permit area and shall give them notice of the applicant's intention to surface mine a particularly described tract of land and indicate the applicant's permit number, if any, and the place at which a copy of the proposed mining and reclamation plan may be inspected.
Acts 1977, 65th Leg., p. 2625, 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 D. Surface Mining Permits › Section 131.161. Comments

Sec. 131.161.  COMMENTS.  (a)  Within 30 days after the last publication as provided in Section 131.159 of this code, each local body, agency, authority, or company may submit written comments with respect to the effect of the proposed operation on the environment within its area of responsibility.
(b)  These comments shall be made part of the record, and one copy of the comments shall be furnished to the operator.
Acts 1977, 65th Leg., p. 2625, 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 D. Surface Mining Permits › Section 131.162. Written Objections

Sec. 131.162.  WRITTEN OBJECTIONS.  (a)  Within 30 days after the last publication of notice under Section 131.159 of this code, a person affected or a federal, state, or local governmental agency or authority is entitled to file with the commission written objections to the application for a surface mining permit or to the application for the renewal, revision, or transfer of a surface mining permit.
(b)  The written objections shall be made part of the record and one copy of the written objections shall be furnished to the operator.
Acts 1977, 65th Leg., p. 2625, 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 D. Surface Mining Permits › Section 131.163. Notice and Public Hearing

Sec. 131.163.  NOTICE AND PUBLIC HEARING.  (a)  If the commission determines that the application for a surface mining permit is of a significance sufficient to warrant a public hearing, the commission shall hold a public hearing in the locality of the proposed surface mining and reclamation operations.
(b)  In determining whether to hold a public hearing, the commission shall consider any objections that have been filed, and if no substantial written objections have been filed, no hearing shall be required.
(c)  The commission shall publish notice of the date, time, and location of the public hearing in the newspaper with the greatest general circulation in the locality at least once a week for three consecutive weeks before the scheduled hearing date.
Acts 1977, 65th Leg., p. 2625, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 853, ch. 379, Sec. 5, eff. June 6, 1979.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 131 - Uranium Surface Mining and Reclamation Act › Subchapter D. Surface Mining Permits › Section 131.165. Procedure

Sec. 131.165.  PROCEDURE.  The commission shall comply with the Administrative Procedure and Texas Register Act in all proceedings under this chapter except where inconsistent with this chapter.
Acts 1977, 65th Leg., p. 2626, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1979, 66th Leg., p. 1989, ch. 784, Sec. 2, eff. Aug. 27, 1979.
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 131.201. Performance Bond Requirement

Sec. 131.201.  PERFORMANCE BOND REQUIREMENT.  (a)  After a surface mining permit application has been approved but before the permit is issued, the applicant shall file with the commission, on a form prescribed by rule, a bond for performance payable to the State of Texas and conditioned on full and faithful performance of all the requirements of this chapter and the permit.
(b)  The bond shall cover that area of land within the permit area on which the operator will initiate and conduct surface mining and reclamation operations, and as succeeding increments of surface mining and reclamation operations are to be initiated and conducted within the permit area, the operator shall file with the commission an additional bond or bonds to cover the increments in accordance with Sections 131.202 through 131.206 of this code.
Acts 1977, 65th Leg., p. 2626, 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 131.202. Amount of Performance Bond

Sec. 131.202.  AMOUNT OF PERFORMANCE BOND.  (a)  The amount of the bond required for each bonded area depends on the reclamation requirements of the approved permit and shall be determined by the commission.
(b)  The commission's determination shall be based on two estimates, one of which shall be submitted by the permit applicant and the other prepared by the commission under procedures established by rule.  Only the commission's estimate will be considered if the applicant waives the right to submit an estimate.
(c)  The amount of the bond shall be determined by the commission and shall be sufficient to assure the completion of the reclamation plan if the work had to be performed by a third party in the event of forfeiture.
Acts 1977, 65th Leg., p. 2627, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.  Amended by Acts 1991, 72nd Leg., ch. 639, Sec. 1, eff. June 16, 1991.
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 131.203. Bond Without Surety

Sec. 131.203.  BOND WITHOUT SURETY.  The commission may accept the bond of the operator itself, without separate surety, if the operator demonstrates to the satisfaction of the commission the existence of a suitable agent to receive service of process and a history of financial solvency and continuous operation sufficient to self-insure or bond the amount.
Acts 1977, 65th Leg., p. 2627, 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 131.204. Extent of Liability Under Bond

Sec. 131.204.  EXTENT OF LIABILITY UNDER BOND.  Liability under the bond shall be for the duration of surface mining and reclamation operations and for a period coincident with the operator's responsibility pursuant to Section 131.102 of this code.
Acts 1977, 65th Leg., p. 2627, 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 131.205. Security for Bond

Sec. 131.205.  SECURITY FOR BOND.  (a)  The bond shall be executed by the operator and a corporate surety licensed to do business in this state, or the operator may elect to deposit cash or negotiable securities acceptable to the commission, or an assignment of a savings account in a Texas bank on an assignment deposit form prescribed by the commission's rules.
(b)  A cash deposit or market value of the substitute collateral shall be equal to or greater than the amount of the bond required for the bonded area.
(c)  Cash or other substitute collateral shall be deposited on the same terms as the terms on which surety bonds may be deposited.
Acts 1977, 65th Leg., p. 2627, 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 131.206. Increase or Decrease of Bond

Sec. 131.206.  INCREASE OR DECREASE OF BOND.  (a)  The amount of the bond or deposit required and the terms of acceptance of the applicant's bond or substitute collateral may be increased or decreased from time to time to reflect changes in the cost of future reclamation of land mined or to be mined.
(b)  The amount of the bond or substitute collateral may be reduced only in accordance with the provisions of Sections 131.208 through 131.213 of this code.
Acts 1977, 65th Leg., p. 2627, 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 131.207. Forfeiture of Operator's Performance Bond

Sec. 131.207.  FORFEITURE OF OPERATOR'S PERFORMANCE BOND.  On issuance of a final order revoking an operator's permit for failure to comply with an order of the commission to take action as required by this chapter or rules adopted under this chapter, the operator's performance bond shall be forfeited if it is determined that forfeiture is necessary to reclaim land disturbed by the operator's surface mining operation.
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 131.208. Application for Release of Performance Bond or Deposit

Sec. 131.208.  APPLICATION FOR RELEASE OF PERFORMANCE BOND OR DEPOSIT.  (a)  At any time, an operator may file an application with the commission for the release of all or part of the performance bond or deposit.
(b)  The application shall be on a form prescribed by the commission and in addition to other information the commission may require, shall include the type and the approximate date of reclamation work performed and a description of the results achieved as they relate to the operator's reclamation plan.
(c)  The commission shall file a copy of the bond release application for public inspection with the county clerk at the county courthouse of the county in which the surface mining and reclamation operation is located.
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 131.209. Notice

Sec. 131.209.  NOTICE.  (a)  The operator shall submit a copy of a notice that has been published once a week for four consecutive weeks in the newspaper of greatest general circulation in the locality of the surface mining and reclamation operation.
(b)  The advertisement shall be considered part of any bond release application and shall include:
(1)  notice of the location and boundaries of the land affected;
(2)  the permit number and the date approved;
(3)  the amount of the bond filed and the portion sought to be released;  and
(4)  the location at which the bond release application has been placed for public inspection.
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 131.210. Inspection and Evaluation

Sec. 131.210.  INSPECTION AND EVALUATION.  (a)  On receipt of the notice and request, the commission shall conduct an inspection and evaluation of the reclamation work involved, the inspection and evaluation to occur within a reasonable time not to exceed 45 days.
(b)  The evaluation shall consider among other things:
(1)  the degree of difficulty to complete remaining reclamation;
(2)  whether pollution of surface and subsurface water is occurring;
(3)  the probability of continuance or future occurrence of pollution;  and
(4)  the estimated cost of abating pollution.
Acts 1977, 65th Leg., p. 2628, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.