CHAPTER 131. URANIUM SURFACE MINING AND RECLAMATION ACT

State Codes and Statutes

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NATURAL RESOURCES CODE

TITLE 4. MINES AND MINING

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 131.001. SHORT TITLE. This chapter may be cited as the

Texas Uranium Exploration, Surface Mining, and Reclamation Act.

Acts 1977, 65th Leg., p. 2607, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 305, ch. 141,

Sec. 39, eff. May 9, 1979; Acts 1979, 66th Leg., p. 849, ch. 379,

Sec. 1, eff. June 6, 1979.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1117, Sec. 1, eff. September 1, 2007.

Sec. 131.002. DECLARATION OF POLICY. The legislature finds and

declares that:

(1) the extraction of minerals by surface mining operations is a

basic and essential activity making an important contribution to

the economic well-being of the state and nation;

(2) proper reclamation of land explored for minerals and

surface-mined land is necessary to prevent undesirable land and

water conditions that would be detrimental to the general

welfare, health, safety, and property rights of the citizens of

this state;

(3) surface mining takes place in diverse areas where the

geologic, topographic, climatic, biological, and social

conditions are significantly different and that reclamation

operations and the specifications for reclamation operations must

vary accordingly;

(4) it is not always possible to explore for or to extract

minerals required by our society without disturbing the earth and

producing waste materials, and the very character of certain

types of surface mining operations occasionally precludes

complete restoration of the affected land to its original

condition;

(5) unregulated surface mining may destroy or diminish the

utility of land for commercial, industrial, residential,

recreational, agricultural, and forestry purposes by causing

erosion and landslides, by contributing to floods, by polluting

the water, by destroying fish and wildlife habitats, by impairing

natural beauty, by damaging the property of citizens, by creating

hazards dangerous to life and property, by degrading the quality

of life in local communities, and by counteracting governmental

programs and efforts to conserve soil, water, and other natural

resources, which results are declared to be inimical to the

public interest and destructive to the public health, safety,

welfare, and economy of the State of Texas;

(6) due to its unique character or location, some land within

the state may be unsuitable for all or certain types of surface

mining operations;

(7) reclamation of land explored for minerals and surface-mined

land as provided by this chapter will allow the mining of

valuable minerals in a manner designed for the protection and

subsequent beneficial use of land; and

(8) the requirements of this chapter for reclamation and

maintenance of affected land are necessary for the public health

and safety and thus constitute a valid application of the police

power of this state.

Acts 1977, 65th Leg., p. 2607, 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.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1117, Sec. 1, eff. September 1, 2007.

Sec. 131.003. PURPOSES. It is declared to be the purpose of

this chapter:

(1) to prevent the adverse effects to society and the

environment resulting from unregulated surface mining operations

as defined in this chapter;

(2) to assure that the rights of surface landowners and other

persons with a legal interest in the land or appurtenances to the

land are protected from unregulated surface mining operations;

(3) to assure that surface mining operations are not conducted

where reclamation as required by this chapter is not possible;

(4) to assure that exploration and surface mining operations are

conducted in a manner that will prevent unreasonable degradation

of land and water resources; and

(5) to assure that reclamation of all explored land and

surface-mined land is accomplished as contemporaneously as

practicable with the exploration or surface mining, recognizing

that the exploration for and extraction of minerals by

responsible operations is an essential and beneficial economic

activity.

Acts 1977, 65th Leg., p. 2608, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1117, Sec. 1, eff. September 1, 2007.

Sec. 131.004. DEFINITIONS. In this chapter:

(1) "Minerals" means uranium and uranium ore.

(2) "Surface mining" means the mining of minerals by removing

the overburden lying above the natural deposit of minerals and

mining directly from the natural deposits that are exposed and

those aspects of underground mining having significant effects on

the surface; provided, this definition shall not be construed to

include in situ mining activities associated with the removal of

uranium or uranium ore.

(3) "Exploration activity" means the disturbance of the surface

or subsurface for the purpose of or related to determining the

location, quantity, or quality of a mineral deposit.

(4) "Affected land" or "land affected" means:

(A) the area from which any materials are to be or have been

displaced in a surface mining operation;

(B) the area on which any materials that are displaced are to be

or have been deposited;

mining area; and

(D) other land whose natural state has been or will be disturbed

as a result of the surface mining operations.

(5) "Surface mining operation" means those activities conducted

at or near the mining site and concomitant with the surface

mining, including extraction, storage, processing, and shipping

of minerals and reclamation of the land affected.

(6) "Operator" means the individual or entity, including any

public or governmental agency, that is to engage or that is

engaged in a surface mining operation, including any individual

or entity whose permit has expired or been suspended or revoked.

(7) "Overburden" means all materials displaced in a mining

operation which are not, or will not be, removed from the

affected area.

(8) "Reclamation" means the process of restoring an area

affected by a surface mining operation to its original or other

substantially beneficial condition, considering past and possible

future uses of the area and the surrounding topography.

(9) "Topsoil" means the unconsolidated mineral matter naturally

present on the surface of the earth which has been subjected to

and influenced by genetic and environmental factors of parent

material, climate, macroorganisms and microorganisms, and

topography, all acting over a period of time, and which is

necessary for the growth and regeneration of vegetation on the

surface of the earth.

(10) "Surface mining permit" or "permit" means the written

certification by the commission that the named operator may

conduct the surface mining operations described in the

certification during the term of the surface mining permit and in

the manner established in the certification. These terms do not

include:

(A) a discharge permit issued by the commission pursuant to

Subchapter H of this chapter; or

(B) an exploration permit issued by the commission pursuant to

Subchapter I of this chapter.

(11) "Person affected" means any person who is a resident of a

county or any county adjacent or contiguous to the county in

which a mining operation is or is proposed to be located,

including any person who is doing business or owns land in the

county or adjacent or contiguous county and any local government

and who demonstrates that he has suffered or will suffer actual

injury or economic damage.

(12) "Commission" means the Railroad Commission of Texas.

(13) "Fund" means the Land Reclamation Fund.

(14) "Toxic material" means any substance present in sufficient

concentration or amount to cause injury or illness to plant,

animal, or human life.

(15) "Approximate original contour" means that surface

configuration achieved by backfilling and grading of the

surface-mined area so that it resembles the surface configuration

of the land prior to mining and blends into and complements the

drainage pattern of the surrounding terrain, with all highwalls,

spoil piles, and depressions eliminated, although the new contour

may subsequently be at a moderately lower or higher elevation

than existed prior to the surface mining operation.

(16) "Person" means an individual, partnership, society,

joint-stock company, firm, company, corporation, business

organization, government or governmental subdivision or agency,

business trust, estate, trust, organization or association of

citizens, or any other legal entity.

(17) "Party to the administrative proceedings" means any person

who has participated in a public hearing or filed a valid

petition or timely objection pursuant to any provision of this

chapter.

(18) "Permit area" means all the area designated as such in the

permit application and shall include all land affected by the

surface mining operations during the term of the permit and may

include any contiguous area that the operator proposes to surface

mine after that time.

Acts 1977, 65th Leg., p. 2608, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 308, ch. 141,

Sec. 42, eff. May 9, 1979; Acts 1979, 66th Leg., p. 853, ch. 379,

Sec. 3, eff. June 6, 1979; Acts 1979, 66th Leg., p. 1989, ch.

784, Sec. 1, eff. Aug. 27, 1979; Acts 1981, 67th Leg., p. 413,

ch. 171, Sec. 1, eff. May 20, 1981; Acts 1985, 69th Leg., ch.

921, Sec. 5, 6, eff. June 15, 1985.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1117, Sec. 2, eff. September 1, 2007.

Sec. 131.005. RECLAMATION. (a) The basic objective of

reclamation is to reestablish on a continuing basis, where

required, vegetation and other natural conditions consistent with

the anticipated subsequent use of the affected land.

(b) The process of reclamation may require contouring,

terracing, grading, backfilling, resoiling, revegetation,

compaction and stabilization and settling ponds, water

impoundments, diversion ditches, and other water treatment

facilities in order to minimize water diminution to existing

water sources, pollution, soil and wind erosion, or flooding

resulting from mining or any other activity that may be

considered necessary to accomplish the reclamation of the land

affected to a substantially beneficial condition.

Acts 1977, 65th Leg., p. 2610, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 131.006. EXCLUSIONS AND EXEMPTIONS. The provisions of this

chapter do not apply to the following:

(1) surface mining operations conducted on public land regulated

by the General Land Office if the land is reclaimed in a manner

consistent with this chapter; and

(2) land on which the overburden has been removed and minerals

have been produced before June 21, 1975.

Acts 1977, 65th Leg., p. 2610, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

SUBCHAPTER B. POWERS AND DUTIES OF THE COMMISSION

Sec. 131.021. GENERAL AUTHORITY OF COMMISSION. In seeking to

accomplish the purposes of this chapter, the commission shall

have the authority:

(1) to adopt and amend rules pertaining to exploration, surface

mining, and reclamation operations consistent with the general

intent and purposes of this chapter;

(2) to issue permits pursuant to the provisions of this chapter;

(3) to conduct hearings pursuant to the provisions of this

chapter;

(4) to issue orders requiring an operator to take actions that

are necessary to comply with this chapter and with rules adopted

under this chapter;

(5) to issue orders modifying previous orders;

(6) to issue a final order revoking the permit of an operator

who has failed to comply with an order of the commission to take

action required by this chapter or rules adopted under this

chapter;

(7) to order the immediate cessation of an ongoing exploration

or surface mining operation if the commission finds that the

operation creates an imminent danger to the health or safety of

the public, or is causing or can reasonably be expected to cause

significant imminent environmental harm to land, air, or water

resources, and to take other action or make changes in a permit

that are reasonably necessary to avoid or alleviate these

conditions;

(8) to hire employees, adopt standards for employment of these

persons, and hire and authorize the hiring of outside contractors

to assist in carrying out the requirements of this chapter;

(9) to enter on and inspect, in person or by its agents, an

exploration or a surface mining operation that is subject to the

provisions of this chapter to assure compliance with the terms of

this chapter;

(10) to conduct, encourage, request, and participate in studies,

surveys, investigations, research, experiments, training, and

demonstrations by contract, grant, or otherwise;

(11) to prepare reports and to require persons who hold

exploration or surface mining permits to prepare reports;

(12) to collect and disseminate to the public information

considered reasonable and necessary for the proper enforcement of

this chapter;

(13) to accept, receive, and administer grants, gifts, loans, or

other funds made available from any source for the purposes of

this chapter;

(14) to enter into contracts with state boards and agencies that

have pertinent expertise to obtain professional and technical

services necessary to carry out the provisions of this chapter;

and

(15) to perform other duties and acts required by and provided

for in this chapter.

Acts 1977, 65th Leg., p. 2610, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1117, Sec. 3, eff. September 1, 2007.

Sec. 131.022. JURISDICTION OF COMMISSION. (a) The commission

is the mining and reclamation authority for the State of Texas

and has exclusive jurisdiction for establishing reclamation

requirements for mining and exploration operations in this state,

except for in situ recovery processes.

(b) Except as provided by Section 131.354, the commission has

exclusive jurisdiction and is solely responsible for the

regulation of all exploration activities.

Acts 1977, 65th Leg., p. 2611, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1117, Sec. 3, eff. September 1, 2007.

Sec. 131.023. COMMISSION PROCEDURE. The commission shall seek

the accomplishment of the purposes of this chapter by all

practicable methods.

Acts 1977, 65th Leg., p. 2611, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 131.024. COMPLIANCE WITH FEDERAL SURFACE MINING LAWS. (a)

On passage of federal surface mining legislation, the commission

shall take actions necessary to establish the exclusive

jurisdiction of this state over the regulation of surface mining

and reclamation operations.

(b) If the federal administrative agency disapproves the

regulatory program of this state as submitted, the commission

shall take all necessary and appropriate action, including making

recommendations for remedial legislation, to clarify, alter, or

amend the program to comply with the requirements of the federal

act.

Acts 1977, 65th Leg., p. 2611, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 131.025. HEARING PROCEDURE. At a hearing under this

chapter, the commission may:

(1) administer oaths or affirmations;

(2) subpoena witnesses and compel their attendance;

(3) take evidence; and

(4) require production of books, papers, correspondence,

memoranda, agreements, or other documents or records that are

considered relevant or material to the administration of this

chapter.

Acts 1977, 65th Leg., p. 2611, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 131.033. DIFFERING TERMS AND PROVISIONS OF RULES. A rule

or an amendment of a rule adopted by the commission may differ in

its terms and provisions between particular conditions,

particular mining techniques, particular areas of the state, or

any other conditions that appear relevant and necessary so long

as the action taken is consistent with attainment of the general

intent and purposes of this chapter.

Acts 1977, 65th Leg., p. 2612, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 305, ch. 141,

Sec. 39, eff. May 9, 1979; Acts 1979, 66th Leg., p. 849, ch. 379,

Sec. 1, eff. June 6, 1979.

Sec. 131.034. EXPLORATION ACTIVITIES. The commission shall

promulgate rules governing uranium exploration activity.

Acts 1977, 65th Leg., p. 2613, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1117, Sec. 3, eff. September 1, 2007.

Sec. 131.035. RULES DESIGNATING UNSUITABLE LAND. (a) The

commission shall develop rules that adopt appropriate procedures

for identifying and designating land in this state as unsuitable

for all or certain types of surface mining in accordance with

Sections 131.036 through 131.041 of this code.

(b) The rules shall be in sufficient detail to provide

reasonable notice to prospective operators of areas that might be

designated as unsuitable for surface mining.

Acts 1977, 65th Leg., p. 2613, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 131.036. SURVEY OF LAND. (a) When application is made to

conduct surface mining operations and before a permit is issued,

the commission shall immediately have the areas to be included in

the proposed permit surveyed in accordance with the requirements

of Sections 131.035 and 131.037 through 131.041 of this code.

(b) In conducting the survey and in declaring various areas to

be unsuitable for mining, the commission shall employ competent

and scientifically sound data and information as the basis for

objective decisions with respect to each area surveyed.

Acts 1977, 65th Leg., p. 2613, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 131.037. COMMISSION STATEMENT. Before designating a land

area as unsuitable for surface mining operations, the commission

shall prepare a detailed statement on the potential mineral and

other resources in the area, the demand for these resources, and

the impact of the designation on the environment, the economy,

and the supply of the mineral.

Acts 1977, 65th Leg., p. 2613, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 131.038. REASONS FOR UNSUITABLE DESIGNATION. After the

survey is made, an area may be designated unsuitable for all or

certain types of surface mining if:

(1) the commission determines that reclamation under this

chapter is not feasible;

(2) the operations will result in significant damage to

important areas of historic, cultural, or archaeological value or

to important natural systems;

(3) the operations will affect renewable resource land that

includes aquifers and aquifer recharge areas, resulting in a

substantial loss or reduction of long-range productivity of water

supply or food or fiber products;

(4) the operations are located in an area subject to frequent

flooding or an area that is geologically unstable and may

reasonably be expected to endanger life and property;

(5) the operations will adversely affect any national park,

national monument, national historic landmark, property listed on

the national register of historic places, national forest,

national wilderness area, national wildlife refuge, national wild

and scenic river area, state park, state wildlife refuge, state

forest, recorded Texas historic landmark, state historic site,

state archaeological landmark, or city or county park; or

(6) the operations would endanger any public road, public

building, cemetery, school, church, or similar structure or

existing dwelling outside the permit area.

Acts 1977, 65th Leg., p. 2613, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 131.039. PETITION AND HEARING ON DESIGNATION. (a) Any

person is entitled to petition the commission to have an area

designated as unsuitable for surface mining operations or to have

the designation terminated.

(b) The petition shall include allegations of facts with

supporting evidence that in the opinion of the commission would

tend to establish the allegations.

the petition, and if the petition is found to be valid, it shall

be kept on file by the commission and made available for public

inspection.

(d) On application for a surface mining permit for which a valid

petition has been filed, the commission shall hold a public

hearing as provided in Section 131.163 of this code in the

locality of the proposed mining operation.

(e) Any person affected may intervene before the public hearing

by filing allegations of facts with supporting evidence that

would tend to establish the allegations.

(f) If all the petitioners and the applicant stipulate agreement

before the requested hearing, the hearing does not have to be

held.

Acts 1977, 65th Leg., p. 2614, 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.

Sec. 131.040. MODIFYING, AMENDING, AND TERMINATING DESIGNATIONS.

The commission may modify, amend, or terminate a designation

pursuant to the requirements of Sections 131.035 through 131.039

of this code.

Acts 1977, 65th Leg., p. 2614, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 131.041. APPLICABILITY OF SUBCHAPTER. The provisions of

Sections 131.035 through 131.040 of this code do not apply to

land on which surface mining operations were being conducted on

June 21, 1975.

Acts 1977, 65th Leg., p. 2614, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

Sec. 131.042. RECORDS, REPORTS, MONITORING EQUIPMENT, AND

INFORMATION. The commission shall require each permittee to:

(1) establish and maintain appropriate records;

(2) make reports as frequently as the commission may prescribe;

(3) install, use, and maintain necessary monitoring equipment

for observing and determining relevant surface or subsurface

effects of the mining operation and reclamation program; and

(4) provide other information relative to mining and reclamation

operations the commission determines to be reasonable and

necessary.

Acts 1977, 65th Leg., p. 2614, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

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.

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.

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.

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.

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.

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.

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.

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, Sec. 3, eff. September 1, 2007.

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.

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.

SUBCHAPTER C. PLANS AND STANDARDS

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.

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.

Sec. 131.102. RECLAMATION STANDARDS. (a) A permit issued under

this chapter to conduct surface mining operations shall require

that the surface mining operations meet all applicable

reclamation standards of this chapter and any other requirements

that the commission establishes by rule.

(b) Reclamation standards shall apply to all surface mining and

reclamation operations that are not exempted or excluded and

shall require the operator as a minimum to:

(1) conduct surface mining operations in a manner consistent

with prudent mining practice, so as to maximize the utilization

and conservation of the resource being recovered so that

reaffecting the land in the future through surface mining can be

minimized;

(2) restore the land affected to the same or a substantially

beneficial condition considering the present and past uses of the

land, so long as the condition does not present any actual or

probable hazard to public health or safety or pose an actual or

probable threat of water diminution or pollution, and the permit

applicants' declared anticipated land use following reclamation

is not considered to be impractical or unreasonable, to involve

unreasonable delay in implementation, or to violate federal,

state, or local law, provided that a variety of postmining land

conditions that differ from the land condition immediately

preceding the surface mining operation, including but not limited

to stock ponds, fishing or recreational lakes, school or park

sites, industrial, commercial, or residential sites, or open

space uses, may be approved by the commission if the proposed

condition is determined to be substantially beneficial and

complies with the provisions of this section;

(3) reduce all highwalls, spoil piles, and banks to a degree to

control erosion effectively and sufficiently to sustain

vegetation, where required, consistent with the anticipated

subsequent use of the affected land, provided that backfilling,

compacting, and grading shall be required to restore the

approximate original contour where required by federal law and

where the volume of overburden is large in comparison to the

volume of mineral deposit and the commission considers the

requirement to be practical;

(4) stabilize and protect all surface areas affected by the

mining and reclamation operation effectively to control erosion

and attendant air and water pollution;

(5) remove the topsoil, if any, from the land in a separate

layer, replace it on the backfill area, or if not utilized

immediately, segregate it in a separate pile from other spoil and

when the topsoil is not replaced on a backfill area within a time

short enough to avoid deterioration of the topsoil, maintain a

successful cover by quick growing plants or other means so that

the topsoil is preserved from wind and water erosion, remains

free of any contamination by toxic material, and is in a usable

condition for sustaining vegetation when restored during

reclamation, except if topsoil is of insufficient quantity or of

poor quality for sustaining vegetation and if other strata can be

shown to be as suitable for vegetation requirements, then the

operator shall remove, segregate, and preserve in a like manner

the other strata which is best able to support vegetation,

provided that the requirements of this provision shall not apply

if a mixing of strata can be shown to be equally suitable for

revegetation requirements;

(6) replace the topsoil or the best available subsoil, if any,

on top of the land to be reclaimed;

(7) fill any auger holes with an impervious material in order to

prevent drainage;

(8) minimize the disturbances to the prevailing hydrologic

balance at the mine site and in associated offsite areas and to

the quality and quantity of water in surface and groundwater

systems both during and after surface mining operations and

during reclamation by:

(A) avoiding toxic mine drainage by such measures as:

(i) preventing or removing water from contact with

toxic-producing deposits,

(ii) treating drainage to reduce toxic content,

(iii) casing, sealing, or otherwise managing boreholes, shafts,

and wells to keep toxic drainage from entering ground and surface

water;

(B) conducting surface mining operations in a manner to prevent

unreasonable additional contributions of suspended solids to

streamflow or runoff outside the permit area above natural levels

under seasonal flow conditions;

drainways consistent with good water conservation practices after

disturbed areas are revegetated and stabilized; or

(D) other actions as the commission may prescribe pursuant to

its rules;

(9) stabilize any waste piles;

(10) refrain from surface mining in proximity to active and

abandoned underground mines in which mining would cause

breakthroughs or would endanger the health or safety of miners;

(11) incorporate with respect to the use of impoundments for the

disposal of mine wastes, processing wastes, or other liquid or

solid wastes current engineering practices for the design and

construction of water retention facilities which, at a minimum,

shall be compatible with the requirements of Section 6.0731,

Water Code, and applicable federal laws, ensure that leachate

will not pollute surface or groundwater, and locate impoundments

so as not to endanger public health and safety should failure

occur;

(12) ensure that all debris, toxic materials, or materials

constituting a fire hazard are treated or disposed of in a manner

designed to prevent contamination of ground or surface water or

combustion;

(13) ensure that any explosives are used only in accordance with

existing state and federal law and rules promulgated by the

commission;

(14) ensure that all reclamation efforts proceed as

contemporaneously as practicable with the surface mining

operations;

(15) ensure that construction, maintenance, and postmining

conditions of access roads into and across the site of operations

will minimize erosion and siltation, pollution of air and water,

damage to fish or wildlife or their habitat, or public or private

property, provided that the commission may permit the retention

after mining of certain access roads if compatible with the

approved reclamation plan;

(16) refrain from the construction of roads or other access ways

up a streambed or drainage channel or in proximity to such

channel where such construction would seriously alter the normal

flow of water;

(17) establish on all affected land, where required in the

approved reclamation plan, a diverse vegetative cover native to

the affected land where vegetation existed prior to mining and

capable of self-regeneration and plant succession equal in extent

of cover to the natural vegetation of the area, except that

introduced species may be used in the revegetation process where

desirable or necessary to achieve the approved reclamation plan;

(18) assume responsibility for successful revegetation for a

period of four years beyond the first year in which the

vegetation has been successfully established as evidenced by the

land being used as anticipated in the reclamation plan;

(19) ensure with respect to permanent impoundments of water as

part of the approved reclamation plan that:

(A) the size of the impoundment and the availability of water

are adequate for its intended purpose;

(B) the impoundment dam construction will meet the requirements

of Section 6.0731, Water Code, and applicable federal laws;

permanent basis for its intended use and the discharges from the

impoundment will not degrade the water quality in the receiving

stream;

(D) final grading will provide adequate safety and access for

anticipated water users; and

(E) the water impoundments will not result in the diminution of

the quality or quantity of water utilized by adjacent or

surrounding landowners for agricultural, industrial,

recreational, or domestic uses; and

(20) meet other criteria pursuant to the commission's rules as

are necessary to achieve reclamation in accordance with the

purposes of this chapter, taking into consideration the physical,

climatological, and other characteristics of the site.

restored to the same condition as the land that existed enjoyed

before the mining or some substantially beneficial condition.

(d) A method of reclamation other than that provided in this

section may be approved by the commission after public hearing if

the commission determines that any method of reclamation required

by this section is not practical and that the alternative method

will provide for the affected land to be restored to a

substantially beneficial condition.

(e) If an alternative method of reclamation is generally

applicable to all surface mining operations involving a

particular mineral, the commission shall promulgate rules in the

manner provided in Section 131.033 of this code.

(f) The operator is entitled to access to the land affected to

the extent necessary to carry out the reclamation and maintenance

required under this chapter.

Acts 1977, 65th Leg., p. 2616, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 305, ch. 141,

Sec. 40, eff. May 9, 1979; Acts 1979, 66th Leg., p. 850, ch. 379,

Sec. 2, eff. June 6, 1979.

SUBCHAPTER D. SURFACE MINING PERMITS

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

consecutive weeks.

Acts 1977, 65th Leg., p. 2625, ch. 871, art. I, Sec. 1, eff.

Sept. 1, 1977.

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 a

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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