Texas Statutes
Title 4 - Mines and Mining
Chapter 134 - Texas Surface Coal Mining and Reclamation Act

Section 134.012. Jurisdiction of Commission Over Surface Coal, Iron Ore, and Iron Ore Gravel Mining and Reclamation Operations - Sec. 134.012. JURISDICTION OF COMMISSION OVER SURFACE COAL, IRON ORE,...

Section 134.013. Rulemaking and Permitting - Sec. 134.013. RULEMAKING AND PERMITTING. (a) The commission shall adopt...

Section 134.014. Coal Exploration Operations - Sec. 134.014. COAL EXPLORATION OPERATIONS. (a) A person who conducts...

Section 134.015. Surface Effects of Underground Mining - Sec. 134.015. SURFACE EFFECTS OF UNDERGROUND MINING. (a) The commission...

Section 134.016. Development of Process for Designating Areas Unsuitable for Surface Coal Mining - Sec. 134.016. DEVELOPMENT OF PROCESS FOR DESIGNATING AREAS UNSUITABLE FOR...

Section 134.017. Petition for Designation - Sec. 134.017. PETITION FOR DESIGNATION. (a) An affected person is...

Section 134.018. Hearing on Designation - Sec. 134.018. HEARING ON DESIGNATION. (a) Not later than 10...

Section 134.019. Commission Statement - Sec. 134.019. COMMISSION STATEMENT. Before designating a land area unsuitable...

Section 134.020. Designation of Area as Unsuitable for Surface Coal Mining - Sec. 134.020. DESIGNATION OF AREA AS UNSUITABLE FOR SURFACE COAL...

Section 134.021. Integration With Land Use Planning and Regulation Processes - Sec. 134.021. INTEGRATION WITH LAND USE PLANNING AND REGULATION PROCESSES....

Section 134.022. Prohibition on Surface Coal Mining in Certain Areas - Sec. 134.022. PROHIBITION ON SURFACE COAL MINING IN CERTAIN AREAS....

Section 134.023. Cooperative Agreements With Federal Government - Sec. 134.023. COOPERATIVE AGREEMENTS WITH FEDERAL GOVERNMENT. The commission may...

Section 134.024. Experimental Practices - Sec. 134.024. EXPERIMENTAL PRACTICES. (a) The commission, with approval by...

Section 134.025. Certification of Blasters - Sec. 134.025. CERTIFICATION OF BLASTERS. The commission shall adopt rules...

Section 134.026. Monitoring, Reporting, and Inspections - Sec. 134.026. MONITORING, REPORTING, AND INSPECTIONS. (a) The commission shall:...

Section 134.027. Monitoring of Operations That Affect Aquifers - Sec. 134.027. MONITORING OF OPERATIONS THAT AFFECT AQUIFERS. For surface...

Section 134.028. Inspection Procedure - Sec. 134.028. INSPECTION PROCEDURE. Inspections by the commission shall: (1)...

Section 134.029. Procedure on Detection of Violation - Sec. 134.029. PROCEDURE ON DETECTION OF VIOLATION. On detection of...

Section 134.030. Rules Regarding Monitoring, Reporting, and Inspections - Sec. 134.030. RULES REGARDING MONITORING, REPORTING, AND INSPECTIONS. The commission...

Section 134.031. Confidentiality - Sec. 134.031. CONFIDENTIALITY. (a) Information pertaining to coal seams, test...

Section 134.032. Determination Regarding Prime Farmland - Sec. 134.032. DETERMINATION REGARDING PRIME FARMLAND. The commission may determine...

Subchapter C. Plans

Section 134.041. Reclamation Plan - Sec. 134.041. RECLAMATION PLAN. A reclamation plan submitted as part...

Section 134.042. Blasting Plan - Sec. 134.042. BLASTING PLAN. An applicant for a surface coal...

Subchapter D. Surface Coal Mining Permits

Section 134.051. Permit Required for Operation - Sec. 134.051. PERMIT REQUIRED FOR OPERATION. A person may not...

Section 134.052. Contents of Permit Application - Sec. 134.052. CONTENTS OF PERMIT APPLICATION. (a) A permit application...

Section 134.053. Liability Insurance Policy - Sec. 134.053. LIABILITY INSURANCE POLICY. (a) The public liability insurance...

Section 134.054. Application Fees - Sec. 134.054. APPLICATION FEES. (a) An application for a surface...

Section 134.055. Annual Fees - Sec. 134.055. ANNUAL FEES. (a) In addition to the application...

Section 134.056. Small Mine Exemption - Sec. 134.056. SMALL MINE EXEMPTION. The commission shall designate a...

Section 134.057. Public Inspection of Application - Sec. 134.057. PUBLIC INSPECTION OF APPLICATION. (a) An applicant for...

Section 134.058. Notice by Applicant - Sec. 134.058. NOTICE BY APPLICANT. At the time the applicant...

Section 134.059. Notification by Commission - Sec. 134.059. NOTIFICATION BY COMMISSION. (a) The commission shall notify...

Section 134.060. Comments - Sec. 134.060. COMMENTS. (a) During a period established by the...

Section 134.061. Written Objections - Sec. 134.061. WRITTEN OBJECTIONS. (a) Not later than the 30th...

Section 134.062. Request for Public Hearing; Notice - Sec. 134.062. REQUEST FOR PUBLIC HEARING; NOTICE. (a) Not later...

Section 134.063. Notice of Approval or Denial - Sec. 134.063. NOTICE OF APPROVAL OR DENIAL. The commission shall...

Section 134.064. Procedure - Sec. 134.064. PROCEDURE. Chapter 2001, Government Code, applies to a...

Section 134.065. Permit Approval or Denial - Sec. 134.065. PERMIT APPROVAL OR DENIAL. (a) On the basis...

Section 134.066. Written Findings Required - Sec. 134.066. WRITTEN FINDINGS REQUIRED. (a) The commission may not...

Section 134.067. Determination of Ownership - Sec. 134.067. DETERMINATION OF OWNERSHIP. If the ownership of the...

Section 134.068. Schedule of Notices of Violations - Sec. 134.068. SCHEDULE OF NOTICES OF VIOLATIONS. (a) The applicant...

Section 134.069. Effect of Past or Present Violation - Sec. 134.069. EFFECT OF PAST OR PRESENT VIOLATION. (a) If...

Section 134.070. Permit for Mining on Prime Farmland - Sec. 134.070. PERMIT FOR MINING ON PRIME FARMLAND. (a) After...

Section 134.071. Term - Sec. 134.071. TERM. (a) A permit is issued for a...

Section 134.072. Termination on Failure to Begin Operations - Sec. 134.072. TERMINATION ON FAILURE TO BEGIN OPERATIONS. (a) A...

Section 134.073. Successor in Interest - Sec. 134.073. SUCCESSOR IN INTEREST. A successor in interest to...

Section 134.074. Right to Renewal - Sec. 134.074. RIGHT TO RENEWAL. A permit issued under this...

Section 134.075. Application for and Issuance of Renewal - Sec. 134.075. APPLICATION FOR AND ISSUANCE OF RENEWAL. (a) A...

Section 134.076. Extension of Permit Area - Sec. 134.076. EXTENSION OF PERMIT AREA. (a) Except for incidental...

Section 134.077. Term of Renewal Permit - Sec. 134.077. TERM OF RENEWAL PERMIT. A permit renewal is...

Section 134.078. Time Limit for Renewal Application - Sec. 134.078. TIME LIMIT FOR RENEWAL APPLICATION. Application for permit...

Section 134.079. Application for Permit Revision - Sec. 134.079. APPLICATION FOR PERMIT REVISION. During the term of...

Section 134.080. Approval of Permit Revision - Sec. 134.080. APPROVAL OF PERMIT REVISION. The commission may not...

Section 134.081. Guidelines for Revision - Sec. 134.081. GUIDELINES FOR REVISION. (a) The commission shall establish...

Section 134.082. Commission Requirement of Permit Revision or Modification - Sec. 134.082. COMMISSION REQUIREMENT OF PERMIT REVISION OR MODIFICATION. (a)...

Section 134.083. Transfer of Permit - Sec. 134.083. TRANSFER OF PERMIT. A person may not transfer,...

Section 134.084. Suspension or Rescission of Improvidently Issued Permit - Sec. 134.084. SUSPENSION OR RESCISSION OF IMPROVIDENTLY ISSUED PERMIT. (a)...

Section 134.085. Review Periods for New Permits, Renewals, and Revisions - Sec. 134.085. REVIEW PERIODS FOR NEW PERMITS, RENEWALS, AND REVISIONS....

Subchapter E. Performance Standards

Section 134.091. Operations Required to Meet Performance Standards - Sec. 134.091. OPERATIONS REQUIRED TO MEET PERFORMANCE STANDARDS. A permit...

Section 134.092. Performance Standards - Sec. 134.092. PERFORMANCE STANDARDS. (a) Performance standards for surface coal...

Section 134.093. Backfilling, Grading, and Compacting: Insufficient Overburden - Sec. 134.093. BACKFILLING, GRADING, AND COMPACTING: INSUFFICIENT OVERBURDEN. (a) This...

Section 134.094. Backfilling, Grading, and Compacting: Sufficient Overburden - Sec. 134.094. BACKFILLING, GRADING, AND COMPACTING: SUFFICIENT OVERBURDEN. (a) This...

Section 134.095. Maintenance of Topsoil or Other Strata - Sec. 134.095. MAINTENANCE OF TOPSOIL OR OTHER STRATA. (a) The...

Section 134.096. Specifications for Soil Removal, Storage, Replacement, and Reconstruction - Sec. 134.096. SPECIFICATIONS FOR SOIL REMOVAL, STORAGE, REPLACEMENT, AND RECONSTRUCTION....

Section 134.097. Removal, Storage, and Replacement of Soil and Overburden Without Regard to Soil Horizons - Sec. 134.097. REMOVAL, STORAGE, AND REPLACEMENT OF SOIL AND OVERBURDEN...

Section 134.098. Prohibition on Augering - Sec. 134.098. PROHIBITION ON AUGERING. The commission may prohibit augering...

Section 134.099. Certification of Siltation Structure - Sec. 134.099. CERTIFICATION OF SILTATION STRUCTURE. The performance standards shall...

Section 134.100. Proximity of Mine to Underground Mines: Exception - Sec. 134.100. PROXIMITY OF MINE TO UNDERGROUND MINES: EXCEPTION. Notwithstanding...

Section 134.101. Rules Regarding Use of Explosives - Sec. 134.101. RULES REGARDING USE OF EXPLOSIVES. The commission rules...

Section 134.102. Variance to Permit Underground Mining Operations Before Reclamation - Sec. 134.102. VARIANCE TO PERMIT UNDERGROUND MINING OPERATIONS BEFORE RECLAMATION....

Section 134.103. Use of Introduced Species for Revegetation - Sec. 134.103. USE OF INTRODUCED SPECIES FOR REVEGETATION. Notwithstanding Section...

Section 134.104. Responsibility for Revegetation: Area of Low Precipitation - Sec. 134.104. RESPONSIBILITY FOR REVEGETATION: AREA OF LOW PRECIPITATION. Notwithstanding...

Section 134.105. Responsibility for Revegetation: Long-Term Intensive Agricultural Postmining Use - Sec. 134.105. RESPONSIBILITY FOR REVEGETATION: LONG-TERM INTENSIVE AGRICULTURAL POSTMINING USE....

Section 134.106. Spoil Disposal - Sec. 134.106. SPOIL DISPOSAL. (a) The performance standards shall require...

Section 134.107. Permit Without Regard to Requirement to Restore to Approximate Original Contour - Sec. 134.107. PERMIT WITHOUT REGARD TO REQUIREMENT TO RESTORE TO...

Section 134.108. Steep Slope Surface Coal Mining - Sec. 134.108. STEEP SLOPE SURFACE COAL MINING. (a) An operator...

Section 134.109. Variance From Requirement to Restore Contour - Sec. 134.109. VARIANCE FROM REQUIREMENT TO RESTORE CONTOUR. (a) The...

Section 134.110. Water Supply Replacement - Sec. 134.110. WATER SUPPLY REPLACEMENT. The operator of a surface...

Subchapter F. Bonds and Deposits

Section 134.121. Performance Bond Requirement - Sec. 134.121. PERFORMANCE BOND REQUIREMENT. (a) After a surface coal...

Section 134.122. Amount of Bond - Sec. 134.122. AMOUNT OF BOND. (a) The commission shall determine...

Section 134.123. Bond Without Surety - Sec. 134.123. BOND WITHOUT SURETY. The commission may accept the...

Section 134.124. Alternative to Bonding Program - Sec. 134.124. ALTERNATIVE TO BONDING PROGRAM. Instead of establishing a...

Section 134.125. Extent of Liability Under Bond - Sec. 134.125. EXTENT OF LIABILITY UNDER BOND. Liability under the...

Section 134.126. Security for Bond - Sec. 134.126. SECURITY FOR BOND. (a) The applicant and a...

Section 134.127. Adjustment of Amount of Bond or Deposit - Sec. 134.127. ADJUSTMENT OF AMOUNT OF BOND OR DEPOSIT. The...

Section 134.128. Application for Release of Bond or Deposit - Sec. 134.128. APPLICATION FOR RELEASE OF BOND OR DEPOSIT. The...

Section 134.129. Notice - Sec. 134.129. NOTICE. (a) Not later than the 30th day...

Section 134.130. Inspection and Evaluation - Sec. 134.130. INSPECTION AND EVALUATION. (a) Not later than the...

Section 134.131. Release of Bond or Deposit - Sec. 134.131. RELEASE OF BOND OR DEPOSIT. (a) The commission...

Section 134.132. Notice to Permit Holder of Decision to Approve or Disapprove Release - Sec. 134.132. NOTICE TO PERMIT HOLDER OF DECISION TO APPROVE...

Section 134.133. Notice to County Judge - Sec. 134.133. NOTICE TO COUNTY JUDGE. Not later than the...

Section 134.134. Objections to Release - Sec. 134.134. OBJECTIONS TO RELEASE. (a) A person is entitled...

Subchapter G. Abandoned Mine Reclamation

Section 134.141. Fund Participation - Sec. 134.141. FUND PARTICIPATION. (a) The commission may take any...

Section 134.142. Eligibility of Land and Water - Sec. 134.142. ELIGIBILITY OF LAND AND WATER. Land and water...

Section 134.143. Right of Entry - Sec. 134.143. RIGHT OF ENTRY. The commission is entitled to...

Section 134.144. Reclamation by Commission - Sec. 134.144. RECLAMATION BY COMMISSION. (a) The commission is entitled...

Section 134.145. Acquisition - Sec. 134.145. ACQUISITION. This state may acquire by purchase, donation,...

Section 134.146. Title - Sec. 134.146. TITLE. Title to land acquired under Section 134.145...

Section 134.147. Cost of Land - Sec. 134.147. COST OF LAND. The price paid for land...

Section 134.148. Sale of Acquired Land - Sec. 134.148. SALE OF ACQUIRED LAND. (a) If land acquired...

Section 134.149. Hearing on Sale - Sec. 134.149. HEARING ON SALE. (a) The commission, after appropriate...

Section 134.150. Lien - Sec. 134.150. LIEN. (a) Not later than six months after...

Section 134.151. Hearing on Lien - Sec. 134.151. HEARING ON LIEN. Not later than the 60th...

Section 134.152. Emergency Powers - Sec. 134.152. EMERGENCY POWERS. (a) The commission may spend money...

Subchapter H. Enforcement

Section 134.161. Condition, Practice, or Violation Creating Imminent Danger or Causing Imminent Harm - Sec. 134.161. CONDITION, PRACTICE, OR VIOLATION CREATING IMMINENT DANGER OR...

Section 134.162. Violation Not Creating Imminent Danger or Causing Imminent Harm - Sec. 134.162. VIOLATION NOT CREATING IMMINENT DANGER OR CAUSING IMMINENT...

Section 134.163. Term of Cessation Order - Sec. 134.163. TERM OF CESSATION ORDER. Except as provided by...

Section 134.164. Continuous Violation - Sec. 134.164. CONTINUOUS VIOLATION. (a) The commission shall issue an...

Section 134.165. Form of Notice or Order - Sec. 134.165. FORM OF NOTICE OR ORDER. (a) A notice...

Section 134.166. Modification, Vacation, or Termination of Notice of Order - Sec. 134.166. MODIFICATION, VACATION, OR TERMINATION OF NOTICE OF ORDER....

Section 134.167. Expiration of Notice or Order - Sec. 134.167. EXPIRATION OF NOTICE OR ORDER. If a notice...

Section 134.168. Application for Commission Review of Notice or Order - Sec. 134.168. APPLICATION FOR COMMISSION REVIEW OF NOTICE OR ORDER....

Section 134.169. Investigation and Hearing on Application for Review - Sec. 134.169. INVESTIGATION AND HEARING ON APPLICATION FOR REVIEW. (a)...

Section 134.170. Commission Findings and Decision - Sec. 134.170. COMMISSION FINDINGS AND DECISION. (a) On receiving the...

Section 134.171. Request for Temporary Relief - Sec. 134.171. REQUEST FOR TEMPORARY RELIEF. (a) Before the investigation...

Section 134.172. Assessment of Costs Incurred in Administrative Proceeding or Judicial Review - Sec. 134.172. ASSESSMENT OF COSTS INCURRED IN ADMINISTRATIVE PROCEEDING OR...

Section 134.173. Civil Action - Sec. 134.173. CIVIL ACTION. (a) The commission may request the...

Section 134.174. Administrative Penalty for Violation of Permit Condition of This Chapter - Sec. 134.174. ADMINISTRATIVE PENALTY FOR VIOLATION OF PERMIT CONDITION OF...

Section 134.175. Penalty Assessment Procedure - Sec. 134.175. PENALTY ASSESSMENT PROCEDURE. (a) The commission may assess...

Section 134.176. Payment of Penalty; Refund - Sec. 134.176. PAYMENT OF PENALTY; REFUND. (a) Not later than...

Section 134.177. Administrative Penalty for Failing to Correct Violation for Which Citation Has Been Issued - Sec. 134.177. ADMINISTRATIVE PENALTY FOR FAILING TO CORRECT VIOLATION FOR...

Section 134.178. Recovery of Administrative Penalty - Sec. 134.178. RECOVERY OF ADMINISTRATIVE PENALTY. The attorney general at...

Section 134.179. Criminal Penalty for Wilful and Knowing Violation - Sec. 134.179. CRIMINAL PENALTY FOR WILFUL AND KNOWING VIOLATION. (a)...

Section 134.180. Criminal Penalty for False Statement, Representation, or Certification - Sec. 134.180. CRIMINAL PENALTY FOR FALSE STATEMENT, REPRESENTATION, OR CERTIFICATION....

Section 134.181. Penalty for Director, Officer, or Agent of Corporation - Sec. 134.181. PENALTY FOR DIRECTOR, OFFICER, OR AGENT OF CORPORATION....

Section 134.182. Citizen Suit - Sec. 134.182. CITIZEN SUIT. (a) Except as provided by Subsection...

Section 134.183. Notice to Commission Before Bringing Suit; Suit by State - Sec. 134.183. NOTICE TO COMMISSION BEFORE BRINGING SUIT; SUIT BY...

Section 134.184. Venue - Sec. 134.184. VENUE. A person may bring an action under...

Section 134.185. Intervention by Commission - Sec. 134.185. INTERVENTION BY COMMISSION. The commission may intervene as...

Section 134.186. Costs of Suit; Filing of Bond - Sec. 134.186. COSTS OF SUIT; FILING OF BOND. (a) In...

Section 134.187. Rights Under Other Law - Sec. 134.187. RIGHTS UNDER OTHER LAW. Sections 134.182 through 134.186...

Section 134.188. Defense - Sec. 134.188. DEFENSE. It is a defense to a civil...

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Texas Statutes Title 4 - Mines and Mining Chapter 134 - Texas Surface Coal Mining and Reclamation Act

Texas Statutes
Title 4 - Mines and Mining
Chapter 134 - Texas Surface Coal Mining and Reclamation Act