reglab/statecodes huggingface dataset:
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter B. Powers and Duties of Commission › Section 134.020. Designation of Area as Unsuitable for Surface Coal Mining

Sec. 134.020.  DESIGNATION OF AREA AS UNSUITABLE FOR SURFACE COAL MINING.  (a)  On petition under Section 134.017, the commission shall designate an area unsuitable for all or certain types of surface coal mining operations if the commission determines that reclamation under this chapter is not technologically and economically feasible.
(b)  On petition under Section 134.017, the commission may designate a surface area unsuitable for certain types of surface coal mining operations if those operations will:
(1)  be incompatible with existing state or local land use plans or programs;
(2)  affect fragile or historic land in which the operations could result in significant damage to important historic, cultural, scientific, and aesthetic values and natural systems;
(3)  affect renewable resource lands, including aquifers and aquifer recharge areas, in which the operations could result in a substantial loss or reduction of long-range productivity of water supply or of food or fiber products;  or
(4)  affect natural hazard land, including areas subject to frequent flooding and areas of unstable geology, in which the operations could substantially endanger life and property.
(c)  Sections 134.016 through 134.019 and this section do not apply to land:
(1)  for which substantial legal and financial commitments in a surface coal mining operation or proposed operation were in existence before January 4, 1977;
(2)  on which surface coal mining operations were being conducted on August 3, 1977;  or
(3)  on which surface coal mining operations are being conducted under a permit issued under this chapter.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter B. Powers and Duties of Commission › Section 134.021. Integration With Land Use Planning and Regulation Processes

Sec. 134.021.  INTEGRATION WITH LAND USE PLANNING AND REGULATION PROCESSES.  Determinations of the unsuitability of land for surface coal mining under Sections 134.016 through 134.020 shall be integrated as closely as possible with present and future land use planning and regulation processes at the federal, state, and local levels.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter B. Powers and Duties of Commission › Section 134.022. Prohibition on Surface Coal Mining in Certain Areas

Sec. 134.022.  PROHIBITION ON SURFACE COAL MINING IN CERTAIN AREAS.  (a)  Surface coal mining operations may not be permitted:
(1)  that will adversely affect a publicly owned park or place included in the National Register of Historic Sites unless approved jointly by the commission and the federal, state, or local agency with jurisdiction over the park or historic site;
(2)  within 100 feet of the outside right-of-way line of a public road, except:
(A)  where a mine access road or haulage road joins the right-of-way line;  or
(B)  as provided by Subsection (b);
(3)  within 300 feet of an occupied dwelling, unless the owner of the dwelling waives the prohibition;
(4)  within 300 feet of a public, school, church, community, or institutional building;
(5)  within 300 feet of a public park;  or
(6)  within 100 feet of a cemetery.
(b)  The commission may permit a public road to be relocated or the area affected by surface coal mining operations to lie within 100 feet of the outside right-of-way line of the public road if, after public notice and opportunity for public hearing in the locality, a written finding is made that the interests of the public and the landowners affected by the relocation will be protected.
(c)  This section is subject to rights existing on August 3, 1977, and does not affect surface coal mining operations that existed on August 3, 1977.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 25.01(e), eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter B. Powers and Duties of Commission › Section 134.023. Cooperative Agreements With Federal Government

Sec. 134.023.  COOPERATIVE AGREEMENTS WITH FEDERAL GOVERNMENT.  The commission may enter into cooperative agreements with the federal government under the federal Act.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter B. Powers and Duties of Commission › Section 134.024. Experimental Practices

Sec. 134.024.  EXPERIMENTAL PRACTICES.  (a)  The commission, with approval by the secretary of agriculture, may authorize experimental departures, in individual cases, from the environmental protection performance standards of this chapter to:
(1)  encourage advances in mining and reclamation practices;  and
(2)  allow postmining land use for industrial, commercial, residential, or public use, including recreational facilities.
(b)  The commission may authorize departures if:
(1)  the experimental practices are potentially at least as environmentally protective, during and after mining operations, as those required by this chapter;
(2)  the mining operations approved for particular land-use or other purposes are not larger or more numerous than necessary to determine the effectiveness and economic feasibility of the experimental practices;  and
(3)  the experimental practices do not reduce the protection afforded public health and safety below that provided by adopted standards.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter B. Powers and Duties of Commission › Section 134.025. Certification of Blasters

Sec. 134.025.  CERTIFICATION OF BLASTERS.  The commission shall adopt rules requiring the training, examination, and certification of persons engaging in or directly responsible for blasting or the use of explosives in surface coal mining operations.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter B. Powers and Duties of Commission › Section 134.026. Monitoring, Reporting, and Inspections

Sec. 134.026.  MONITORING, REPORTING, AND INSPECTIONS.  (a)  The commission shall:
(1)  require monitoring and reporting;
(2)  inspect surface coal mining and reclamation operations;
(3)  require the maintenance of signs and markers;  and
(4)  take other actions necessary to:
(A)  administer, enforce, or evaluate the administration of this chapter;  or
(B)  meet the state program requirements of the federal Act.
(b)  For purposes of this section, the commission or its authorized representative:
(1)  without advance notice and on presentation of appropriate credentials, has the right to enter:
(A)  a surface coal mining and reclamation operation;  or
(B)  premises on which records required to be maintained are located;  and
(2)  at reasonable times and without delay, may have access to and copy records required under this chapter or rules adopted under this chapter or inspect any monitoring equipment or method of operation required under this chapter or rules adopted under this chapter.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter B. Powers and Duties of Commission › Section 134.027. Monitoring of Operations That Affect Aquifers

Sec. 134.027.  MONITORING OF OPERATIONS THAT AFFECT AQUIFERS.  For surface coal mining and reclamation operations that remove or disturb strata that serve as aquifers that significantly ensure the hydrologic balance of water use on or off the mining site, the commission shall specify:
(1)  monitoring sites to record:
(A)  the quantity and quality of surface drainage above and below the mine site and in the potential zone of influence;
(B)  the level and amount and to take samples of groundwater and aquifers potentially affected by the mining and directly below the lowermost, deepest coal seam to be mined;  and
(C)  precipitation;  and
(2)  records of well logs and borehole data to be maintained.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter B. Powers and Duties of Commission › Section 134.028. Inspection Procedure

Sec. 134.028.  INSPECTION PROCEDURE.  Inspections by the commission shall:
(1)  occur irregularly, averaging not fewer than one partial inspection each month and one complete inspection each calendar quarter for the surface coal mining and reclamation operation covered by each permit;
(2)  occur without prior notice to the permit holder or the permit holder's agents or employees except for necessary on-site meetings with the permit holder;  and
(3)  include filing inspection reports adequate to enforce the requirements of, and to carry out, this chapter.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter B. Powers and Duties of Commission › Section 134.029. Procedure on Detection of Violation

Sec. 134.029.  PROCEDURE ON DETECTION OF VIOLATION.  On detection of a violation of this chapter, an inspector, in writing, shall:
(1)  promptly inform the operator;  and
(2)  report the violation to the commission.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter B. Powers and Duties of Commission › Section 134.030. Rules Regarding Monitoring, Reporting, and Inspections

Sec. 134.030.  RULES REGARDING MONITORING, REPORTING, AND INSPECTIONS.  The commission shall adopt rules for:
(1)  informing an operator of a violation detected by an inspector;  and
(2)  making public all inspection and monitoring reports and other records and reports required to be kept under this chapter and rules adopted under this chapter and not confidential under Section 134.031.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter B. Powers and Duties of Commission › Section 134.031. Confidentiality

Sec. 134.031.  CONFIDENTIALITY.  (a)  Information pertaining to coal seams, test borings, core samplings, or soil samples required by Section 134.052 shall be made available to an affected person.  However, information that pertains only to the analysis of the chemical and physical properties of the coal, except information regarding mineral or chemical content that is potentially toxic in the environment, is confidential and is not a public record.
(b)  Information submitted to the commission concerning mineral deposits, test borings, core samplings, or trade secrets or commercial or financial information relating to the competitive rights of the applicant and specifically identified as confidential by the applicant, if not essential for public review as determined by the commission, may not be disclosed by a member, agent, or employee of the commission.
(c)  Information submitted to the commission under Section 134.041 concerning mineral deposits, test borings, core samplings, or trade secrets or commercial or financial information relating to the competitive rights of the applicant and specifically identified as confidential by the applicant, if not essential for public review as determined by the commission, may not be disclosed by a member, agent, or employee of the commission.  However, information required by another section that must, by the terms of the other section, be on public file or available to an affected person and information about the chemical and physical properties of the coal that relate to mineral or elemental contents that are potentially toxic in the environment is not confidential.
(d)  Information submitted to the commission under Section 134.014 as confidential concerning trade secrets or privileged commercial or financial information that relates to the competitive rights of the person intending to explore the described area is not available for public examination.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter B. Powers and Duties of Commission › Section 134.032. Determination Regarding Prime Farmland

Sec. 134.032.  DETERMINATION REGARDING PRIME FARMLAND.  The commission may determine that land is not prime farmland because of its soil type or slope.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter C. Plans › Section 134.042. Blasting Plan

Sec. 134.042.  BLASTING PLAN.  An applicant for a surface coal mining and reclamation permit shall submit to the commission as part of its application a blasting plan that outlines the procedures and standards by which the operator will comply with Section 134.092(a)(15).
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.051. Permit Required for Operation

Sec. 134.051.  PERMIT REQUIRED FOR OPERATION.  A person may not conduct a surface coal mining operation in this state without first obtaining a permit for that operation from the commission under this chapter.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.053. Liability Insurance Policy

Sec. 134.053.  LIABILITY INSURANCE POLICY.  (a)  The public liability insurance policy required by Section 134.052(a)(19) shall provide for personal injury and property damage protection in an amount adequate to compensate a person who is:
(1)  damaged as a result of the surface coal mining and reclamation operations, including the use of explosives;  and
(2)  entitled to compensation under state law.
(b)  The policy shall be maintained in effect during the term of the permit and any renewal for the entire period in which reclamation operations are conducted.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.054. Application Fees

Sec. 134.054.  APPLICATION FEES.  (a)  An application for a surface mining permit or for renewal or revision of a surface mining permit must be accompanied by an application fee determined by the commission in accordance with a published fee schedule.  The commission shall base the application fee as nearly as possible on the actual or anticipated cost of reviewing the application.
(b)  The application fee may not be less than:
(1)  $5,000 for an initial surface mining permit;
(2)  $3,000 for renewal of a surface mining permit;  or
(3)  $500 for revision of a surface mining permit.
(c)  The initial application fee and the application fee for renewal of a surface mining permit may be paid in equal annual installments during the term of the permit.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.055. Annual Fees

Sec. 134.055.  ANNUAL FEES.  (a)  In addition to the application fees required by Section 134.054, each permit holder shall pay to the commission the following annual fees:
(1)  a fee for each acre of land in the permit area on which the permit holder actually conducted operations for removing coal during the year;
(2)  a fee for each acre of land in the bonded permit area on December 31 of the year; and
(3)  a fee for the permit if the permit was in effect on December 31 of the year.
(b)  A fee under Subsection (a) is due not later than March 15 of the year following the year for which the fee was imposed.
(c)  The commission shall determine the amount of each fee under Subsection (a).
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 179 (H.B. 472), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.056. Small Mine Exemption

Sec. 134.056.  SMALL MINE EXEMPTION.  The commission shall designate a qualified public or private laboratory to prepare the determination of probable hydrologic consequences and statement of the results of test borings or core samplings required by Section 134.052 and shall pay the costs of preparing the determination and statement if:
(1)  a surface coal mining operator makes a request in writing;  and
(2)  the commission finds that the probable total annual production at all locations of the surface coal mining operator will not exceed 300,000 tons.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1307, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.057. Public Inspection of Application

Sec. 134.057.  PUBLIC INSPECTION OF APPLICATION.  (a)  An applicant for a surface coal mining and reclamation permit shall file a copy of the application for public inspection with the county clerk of the county in which the mining is proposed to occur.  This subsection does not apply to information in the application pertaining to the coal seam itself.
(b)  Copies of any records, reports, inspection materials, or information obtained under this chapter by the commission shall be made immediately available to the public at central and sufficient locations in the county, multicounty, and state area of mining so that they are conveniently available to residents in the areas of mining.  This subsection does not apply to records, reports, inspection materials, or information that is confidential under Section 134.031.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.058. Notice by Applicant

Sec. 134.058.  NOTICE BY APPLICANT.  At the time the applicant submits an application for a surface coal mining and reclamation permit or renewal of an existing permit, the applicant shall publish an advertisement in a newspaper of general circulation in the locality of the proposed surface coal mining operation at least once a week for four consecutive weeks that:
(1)  shows the ownership and describes the location and boundaries of the proposed site sufficiently so that the proposed operation can be readily located;  and
(2)  states that the application is available for public inspection at the county courthouse of the county in which the property lies.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.059. Notification by Commission

Sec. 134.059.  NOTIFICATION BY COMMISSION.  (a)  The commission shall notify local governmental bodies, planning agencies, and sewage and water treatment authorities in the locality of a proposed surface coal mining operation that the operator intends to conduct a surface mining operation.
(b)  The notice shall indicate the application number and the county courthouse in which a copy of the proposed surface coal mining and reclamation plan can be inspected.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.060. Comments

Sec. 134.060.  COMMENTS.  (a)  During a period established by the commission, a local body, agency, authority, or company described by Section 134.059 may submit written comments on the effect of the proposed operation on the environment in the entity's area of responsibility.
(b)  The commission shall immediately send the comments to the applicant.
(c)  The comments shall be made available to the public at the same location as the mining application.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.061. Written Objections

Sec. 134.061.  WRITTEN OBJECTIONS.  (a)  Not later than the 30th day after the date of the last publication of notice under Section 134.058, an affected person or a federal, state, or local governmental agency or authority is entitled to file with the commission written objections to a proposed initial or revised application for a surface coal mining and reclamation operation permit.
(b)  The commission shall immediately send the objections to the applicant.
(c)  The objections shall be made available to the public.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.062. Request for Public Hearing; Notice

Sec. 134.062.  REQUEST FOR PUBLIC HEARING;  NOTICE.  (a)  Not later than the 45th day after the date of the last publication of notice under Section 134.058, the applicant or an affected person may request a hearing on the application.  The hearing shall be held not later than the 30th day after the date the commission receives the request.
(b)  The commission shall publish notice of the date, time, and location of the public hearing in a local newspaper of general circulation in the locality of the proposed surface coal mining operations at least once a week for three consecutive weeks before the scheduled hearing date.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.063. Notice of Approval or Denial

Sec. 134.063.  NOTICE OF APPROVAL OR DENIAL.  The commission shall notify the applicant and any objector that the permit application has been approved or denied:
(1)  within the time provided by Chapter 2001, Government Code, if a public hearing is held under Section 134.062;  or
(2)  not later than the 45th day after the date of the last publication of notice of application if a public hearing is not held.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.064. Procedure

Sec. 134.064.  PROCEDURE.  Chapter 2001, Government Code, applies to a permit application under this chapter.  Notice of hearing and appeal is governed by that chapter, except as provided by Section 134.062.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.065. Permit Approval or Denial

Sec. 134.065.  PERMIT APPROVAL OR DENIAL.  (a)  On the basis of a complete application for a surface coal mining and reclamation permit or a revision or renewal of a permit, as required by this chapter, the commission shall grant, require modification of, or deny a permit application.
(b)  The commission shall notify the applicant of its decision in writing within a reasonable time as set by the commission.
(c)  An applicant for a permit or a permit revision has the burden of establishing that the application complies with this chapter.
(d)  Not later than the 10th day after the date the commission grants a permit, the commission shall notify the county judge in the county in which the land to be affected is located that a permit has been issued and shall describe the location of the land.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.066. Written Findings Required

Sec. 134.066.  WRITTEN FINDINGS REQUIRED.  (a)  The commission may not approve an application for a permit or a permit revision unless it finds, in writing, using the information in the application or information otherwise available that will be documented in the approval and made available to the applicant, that:
(1)  the application is accurate and complete and complies with this chapter;
(2)  the applicant has demonstrated that the reclamation required by this chapter can be accomplished under the reclamation plan contained in the application;
(3)  the commission has assessed the probable cumulative impact that all anticipated surface coal mining in the area will have on the hydrologic balance, and the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area;
(4)  the area proposed to be mined is not included in an area:
(A)  designated unsuitable for surface coal mining under this chapter;  or
(B)  under study for this designation in an administrative proceeding begun under this chapter;
(5)  the proposed surface coal mining operation, if located west of the 100th meridian west longitude, will not:
(A)  interrupt, discontinue, or preclude farming on alluvial valley floors that are irrigated or naturally subirrigated, excluding:
(i)  undeveloped rangeland that is not significant to farming on the alluvial valley floors;  and
(ii)  land on which the commission finds that the farming to be interrupted, discontinued, or precluded is of such small acreage as to have negligible impact on the farm's agricultural production;  or
(B)  materially damage the quantity or quality of water in surface or underground water systems that supply those valley floors;  and
(6)  the applicant has submitted to the commission, if the ownership of the coal has been severed from the private surface estate:
(A)  the surface owner's written consent to the extraction of coal by surface mining methods;  or
(B)  a conveyance that expressly grants or reserves the right to extract the coal by surface mining methods.
(b)  Subsection (a)(4)(B) does not apply to an area as to which an administrative proceeding has begun if the applicant demonstrates that, before January 1, 1977, the applicant made substantial legal and financial commitments in relation to the operation for which the applicant is applying for a permit.
(c)  Subsection (a)(5) does not apply to a surface coal mining operation that in the year preceding May 9, 1979:
(1)  produced coal in commercial quantities and was located in or adjacent to alluvial valley floors;  or
(2)  had obtained specific permit approval by the commission to conduct surface coal mining operations in the alluvial valley floors.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.067. Determination of Ownership

Sec. 134.067.  DETERMINATION OF OWNERSHIP.  If the ownership of the coal has been severed from the private surface estate by a conveyance that does not expressly grant the right to extract coal by surface mining methods, the surface-subsurface legal relationship shall be determined in accordance with state law.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.068. Schedule of Notices of Violations

Sec. 134.068.  SCHEDULE OF NOTICES OF VIOLATIONS.  (a)  The applicant shall file with the application a schedule listing any notices of violations of this chapter, the federal Act, a federal regulation or federal or state program adopted under the federal Act, or another law, rule, or regulation of the United States, this state, or a department or agency in the United States pertaining to air or water environmental protection incurred by the applicant in connection with a surface coal mining operation during the three years before the application date.
(b)  The schedule must indicate the final resolution of any notice of violation.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 25.01(f), eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.069. Effect of Past or Present Violation

Sec. 134.069.  EFFECT OF PAST OR PRESENT VIOLATION.  (a)  If the schedule under Section 134.068 or other information available to the commission indicates that a surface coal mining operation owned or controlled by the applicant is currently in violation of this chapter or another law referred to in Section 134.068, the commission may not issue a permit until the applicant submits proof that the violation has been corrected or is being corrected to the satisfaction of the commission, department, or agency with jurisdiction over the violation.
(b)  The commission may not issue a permit to an applicant if it finds, after opportunity for hearing, that the applicant or operator specified in the application controls or has controlled mining operations with a demonstrated pattern of wilful violations of this chapter or another law referred to in Section 134.068 that, by their nature and duration and the resulting irreparable damage to the environment, indicate an intent not to comply with this chapter or another law referred to in that section.
(c)  Notwithstanding Subsections (a) and (b), the commission may not deny an applicant's permit application based on a previous violation by the applicant that occurred in connection with a surface coal mining operation conducted on previously mined land if the violation resulted from an event or condition that was not contemplated in the permit for the surface coal mining operation.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 165, Sec. 25.01(f), eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 442 (S.B. 1295), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.070. Permit for Mining on Prime Farmland

Sec. 134.070.  PERMIT FOR MINING ON PRIME FARMLAND.  (a)  After consulting with the secretary of agriculture and under regulations issued under the federal Act by the secretary of the interior with the concurrence of the secretary of agriculture, the commission shall grant a permit to mine on prime farmland if:
(1)  the area proposed to be mined contains prime farmland;
(2)  the commission makes the findings required by Section 134.066 for the application under consideration;  and
(3)  the commission in addition finds in writing that:
(A)  the operator has the technological capability to restore the mined area within a reasonable time to a level of yield equal to or higher than that of nonmined prime farmland in the surrounding area under equivalent levels of management;  and
(B)  the applicant can meet the soil reconstruction standards of the federal Act.
(b)  This section does not apply to:
(1)  a permit issued before August 3, 1977;
(2)  a revision or renewal of a permit issued before August 3, 1977;  or
(3)  an existing surface mining operation for which a permit was issued before August 3, 1977.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.071. Term

Sec. 134.071.  TERM.  (a)  A permit is issued for a term not to exceed five years.
(b)  The commission may grant a permit for a specified longer term if:
(1)  an applicant demonstrates that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing for equipment or the opening of the operation;  and
(2)  the application for the specified longer term is complete.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.072. Termination on Failure to Begin Operations

Sec. 134.072.  TERMINATION ON FAILURE TO BEGIN OPERATIONS.  (a)  A permit terminates if the permit holder has not begun the surface coal mining operation covered by the permit on or before the third anniversary of the date on which the period for which the permit is issued begins.
(b)  The commission may grant reasonable extensions of time on a showing that the extensions are necessary because of:
(1)  litigation that precludes the beginning of operations or threatens substantial economic loss to the permit holder;  or
(2)  conditions beyond the control and without the fault or negligence of the permit holder.
(c)  With respect to coal to be mined for use in a synthetic fuel facility or specific major electric generating facility, a permit holder is considered to have begun surface mining operations at the time the construction of the facility is initiated.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.073. Successor in Interest

Sec. 134.073.  SUCCESSOR IN INTEREST.  A successor in interest to a permit holder may continue the surface coal mining and reclamation plan of the original permit holder until the successor's application is granted or denied if the successor:
(1)  applies for a new permit not later than the 30th day after the date the person succeeds to the interest;  and
(2)  is able to obtain the same bond coverage as the original permit holder.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.074. Right to Renewal

Sec. 134.074.  RIGHT TO RENEWAL.  A permit issued under this chapter carries with it the right of successive renewal on expiration for areas within the boundaries of the existing permit.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.075. Application for and Issuance of Renewal

Sec. 134.075.  APPLICATION FOR AND ISSUANCE OF RENEWAL.  (a)  A permit holder may apply for renewal.
(b)  After the public notice requirements of Sections 134.058 through 134.062 have been met, the commission shall renew the permit unless the opponents of renewal establish and the commission makes written findings that:
(1)  the terms of the existing permit are not being satisfactorily met;
(2)  the present surface coal mining and reclamation operation does not comply with the environmental protection standards of this chapter;
(3)  the requested renewal substantially jeopardizes the operator's continuing responsibility for existing permit areas;
(4)  the operator has not provided evidence that the performance bond in effect for the operation and any additional bond the commission may require under Section 134.121 will continue in effect for the renewal requested in the application;  or
(5)  additional revised or updated information required by the commission has not been provided.
(c)  Before renewing a permit, the commission shall notify the appropriate public authorities.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.076. Extension of Permit Area

Sec. 134.076.  EXTENSION OF PERMIT AREA.  (a)  Except for incidental boundary revisions, an extension of the permit area must be made by application for another permit.
(b)  If an application for renewal of an existing permit includes a proposal to extend the mining operation beyond the boundaries authorized in the permit, the part of the application that addresses new land areas must meet all standards applicable to a new application under this chapter.
(c)  Notwithstanding Subsection (b), if the surface coal mining operations authorized by the existing permit are not subject to the standards contained in Section 134.066(a)(5), the part of the application for renewal that addresses new land areas previously identified in the reclamation plan submitted under Section 134.041 is not subject to those standards.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.077. Term of Renewal Permit

Sec. 134.077.  TERM OF RENEWAL PERMIT.  A permit renewal is for a term not to exceed the term of the original permit established by this chapter.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.078. Time Limit for Renewal Application

Sec. 134.078.  TIME LIMIT FOR RENEWAL APPLICATION.  Application for permit renewal must be made not later than the 120th day before the date the existing permit expires.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.079. Application for Permit Revision

Sec. 134.079.  APPLICATION FOR PERMIT REVISION.  During the term of a permit, the permit holder may submit to the commission an application for a permit revision, together with a revised reclamation plan.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.080. Approval of Permit Revision

Sec. 134.080.  APPROVAL OF PERMIT REVISION.   The commission may not approve an application for a permit revision unless the commission finds that reclamation as required by this chapter can be accomplished under the revised reclamation plan.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 143 (S.B. 1478), Sec. 2, eff. May 27, 2011.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.081. Guidelines for Revision

Sec. 134.081.  GUIDELINES FOR REVISION.  (a)  The commission shall establish guidelines for determining the scale or extent of a revision request for which all permit application information requirements and procedures, including notice and hearings, apply.
(b)  A revision that proposes significant alterations in the reclamation plan is subject at a minimum to notice and hearing requirements.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.082. Commission Requirement of Permit Revision or Modification

Sec. 134.082.  COMMISSION REQUIREMENT OF PERMIT REVISION OR MODIFICATION.  (a)  The commission, within a time prescribed by rule, shall review outstanding permits and may require reasonable revision or modification of a permit during the term of the permit.
(b)  A revision or modification must be supported by a written finding and is subject to the notice and hearing requirements of Chapter 2001, Government Code.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.083. Transfer of Permit

Sec. 134.083.  TRANSFER OF PERMIT.  A person may not transfer, assign, or sell the rights granted under a permit issued under this chapter without the written approval of the commission.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter D. Surface Coal Mining Permits › Section 134.084. Suspension or Rescission of Improvidently Issued Permit

Sec. 134.084.  SUSPENSION OR RESCISSION OF IMPROVIDENTLY ISSUED PERMIT.  (a)  The commission may suspend or rescind an improvidently issued permit under rules adopted by the commission.
(b)  A rule adopted by the commission under this section must be consistent with and not less effective than a regulation adopted under the federal Act.
(c)  Except as provided by Subsection (d), Chapter 2001, Government Code, does not apply to an action by the commission under this section to suspend or rescind an improvidently issued permit.
(d)  A permit holder who is given notice of suspension or rescission of an improvidently issued permit under this section may file an appeal for administrative review of the notice as provided by commission rules.  The review is governed by Chapter 2001, Government Code.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 25.01(g), eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter E. Performance Standards › Section 134.091. Operations Required to Meet Performance Standards

Sec. 134.091.  OPERATIONS REQUIRED TO MEET PERFORMANCE STANDARDS.  A permit issued under this chapter to conduct surface coal mining operations shall require that the operations meet the applicable performance standards of this chapter.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter E. Performance Standards › Section 134.093. Backfilling, Grading, and Compacting: Insufficient Overburden

Sec. 134.093.  BACKFILLING, GRADING, AND COMPACTING:  INSUFFICIENT OVERBURDEN.  (a)  This section applies to a surface coal mining operation:
(1)  that is carried out at the same location over a substantial period;
(2)  that transects the coal deposit;
(3)  in which the thickness of the coal deposit relative to the volume of the overburden is large;  and
(4)  for which the operator demonstrates that the overburden and other spoil and waste materials at a particular point in the permit area or otherwise available from the entire permit area are insufficient, considering volumetric expansion, to restore the approximate original contour.
(b)  Notwithstanding Section 134.092(a)(3), the operator, at a minimum, shall backfill, grade, and compact, where advisable, using the available overburden and other spoil and waste materials to attain the lowest practicable grade but not more than the angle of repose, to provide adequate drainage, and to cover the acid-forming and other toxic materials in order to achieve an ecologically sound land use compatible with the surrounding region.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter E. Performance Standards › Section 134.094. Backfilling, Grading, and Compacting: Sufficient Overburden

Sec. 134.094.  BACKFILLING, GRADING, AND COMPACTING:  SUFFICIENT OVERBURDEN.  (a)  This section applies to a surface coal mining operation:
(1)  in which the volume of overburden is large relative to the thickness of the coal deposit;  and
(2)  for which the operator demonstrates that because of volumetric expansion the amount of overburden and other spoil and waste materials removed in the course of the mining operation is more than sufficient to restore the approximate original contour.
(b)  Notwithstanding Section 134.092(a)(3), the operator shall, after restoring the approximate contour, backfill, grade, and compact, where advisable, the excess overburden and other spoil and waste materials to attain the lowest grade but not more than the angle of repose and to cover the acid-forming and other toxic materials in order to achieve an ecologically sound land use compatible with the surrounding region.  The overburden or spoil shall be shaped and graded to prevent slides, erosion, and water pollution and shall be revegetated in accordance with this chapter.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.