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