Sec. 134.134. OBJECTIONS TO RELEASE. (a) A person is entitled to file a written objection to a proposed release of a bond if the person:
(1) has a legal interest that might be adversely affected by release of the bond; or
(2) is the responsible officer or head of a federal, state, or local governmental agency that:
(A) has jurisdiction by law or has special expertise with respect to an environmental, social, or economic impact involved in the mining operation; or
(B) is authorized to develop and enforce environmental standards with respect to the operation.
(b) Objections must be filed with the commission not later than the 30th day after the date of the last publication of the notice under Section 134.129.
(c) If a written objection is filed and a public hearing is requested, not later than the 30th day after the date the hearing is requested the commission shall:
(1) inform the interested parties of the time and place of the hearing; and
(2) hold the hearing in the locality of the surface coal mining operation or at the state capital, at the option of the person objecting to the proposed release.
(d) The commission shall advertise the date, time, and location of the hearing in a newspaper of general circulation in the locality of the surface coal mining operation for two consecutive weeks.
(e) The hearing and any appeal shall be conducted under Chapter 2001, Government Code.
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 F. Bonds and Deposits
Section 134.121. Performance Bond Requirement
Section 134.122. Amount of Bond
Section 134.123. Bond Without Surety
Section 134.124. Alternative to Bonding Program
Section 134.125. Extent of Liability Under Bond
Section 134.126. Security for Bond
Section 134.127. Adjustment of Amount of Bond or Deposit
Section 134.128. Application for Release of Bond or Deposit
Section 134.130. Inspection and Evaluation
Section 134.131. Release of Bond or Deposit
Section 134.132. Notice to Permit Holder of Decision to Approve or Disapprove Release