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 (H.B. 3837), Sec. 3, eff. September 1, 2007.
Structure Texas Statutes
Chapter 131 - Uranium Surface Mining and Reclamation Act
Subchapter B. Powers and Duties of the Commission
Section 131.021. General Authority of Commission
Section 131.022. Jurisdiction of Commission
Section 131.023. Commission Procedure
Section 131.024. Compliance With Federal Surface Mining Laws
Section 131.025. Hearing Procedure
Section 131.033. Differing Terms and Provisions of Rules
Section 131.034. Exploration Activities
Section 131.035. Rules Designating Unsuitable Land
Section 131.036. Survey of Land
Section 131.037. Commission Statement
Section 131.038. Reasons for Unsuitable Designation
Section 131.039. Petition and Hearing on Designation
Section 131.040. Modifying, Amending, and Terminating Designations
Section 131.041. Applicability of Subchapter
Section 131.042. Records, Reports, Monitoring Equipment, and Information
Section 131.043. Inspection by Commission
Section 131.044. Time and Procedures for Inspections
Section 131.046. Procedure on Detection of Violation
Section 131.047. Judicial Review
Section 131.048. Confidentiality
Section 131.049. Temporary Orders Prior to Notice and Hearing