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.
Structure Texas Statutes
Chapter 134 - Texas Surface Coal Mining and Reclamation Act
Subchapter B. Powers and Duties of Commission
Section 134.011. General Authority of Commission
Section 134.013. Rulemaking and Permitting
Section 134.014. Coal Exploration Operations
Section 134.015. Surface Effects of Underground Mining
Section 134.016. Development of Process for Designating Areas Unsuitable for Surface Coal Mining
Section 134.017. Petition for Designation
Section 134.018. Hearing on Designation
Section 134.019. Commission Statement
Section 134.020. Designation of Area as Unsuitable for Surface Coal Mining
Section 134.021. Integration With Land Use Planning and Regulation Processes
Section 134.022. Prohibition on Surface Coal Mining in Certain Areas
Section 134.023. Cooperative Agreements With Federal Government
Section 134.024. Experimental Practices
Section 134.025. Certification of Blasters
Section 134.026. Monitoring, Reporting, and Inspections
Section 134.027. Monitoring of Operations That Affect Aquifers
Section 134.028. Inspection Procedure
Section 134.029. Procedure on Detection of Violation
Section 134.030. Rules Regarding Monitoring, Reporting, and Inspections