Sec. 134.173. CIVIL ACTION. (a) The commission may request the attorney general to institute a civil action for relief, including a permanent or temporary injunction, restraining order, or other appropriate order, if the permit holder:
(1) violates, fails, or refuses to comply with an order or decision issued by the commission under this chapter;
(2) interferes with, hinders, or delays the commission or its authorized representative in carrying out Sections 134.161 through 134.172;
(3) refuses to admit an authorized representative to the mine;
(4) refuses to allow an authorized representative to inspect the mine;
(5) refuses to furnish information or a report requested by the commission under the commission's rules; or
(6) refuses to allow access to and copying of records the commission determines reasonably necessary to carry out this chapter.
(b) The action shall be brought in a district court in Travis County or in the county in which the greater part of the surface mining and reclamation operation is located.
(c) The court has jurisdiction to provide appropriate relief.
(d) Relief granted by the court to enforce Subsection (a)(1) continues in effect until the earlier of the date on which:
(1) all proceedings for review of the order are completed or finally terminated; or
(2) the court sets aside or modifies the order.
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
Section 134.161. Condition, Practice, or Violation Creating Imminent Danger or Causing Imminent Harm
Section 134.162. Violation Not Creating Imminent Danger or Causing Imminent Harm
Section 134.163. Term of Cessation Order
Section 134.164. Continuous Violation
Section 134.165. Form of Notice or Order
Section 134.166. Modification, Vacation, or Termination of Notice of Order
Section 134.167. Expiration of Notice or Order
Section 134.168. Application for Commission Review of Notice or Order
Section 134.169. Investigation and Hearing on Application for Review
Section 134.170. Commission Findings and Decision
Section 134.171. Request for Temporary Relief
Section 134.172. Assessment of Costs Incurred in Administrative Proceeding or Judicial Review
Section 134.174. Administrative Penalty for Violation of Permit Condition of This Chapter
Section 134.175. Penalty Assessment Procedure
Section 134.176. Payment of Penalty; Refund
Section 134.178. Recovery of Administrative Penalty
Section 134.179. Criminal Penalty for Wilful and Knowing Violation
Section 134.180. Criminal Penalty for False Statement, Representation, or Certification
Section 134.181. Penalty for Director, Officer, or Agent of Corporation
Section 134.183. Notice to Commission Before Bringing Suit; Suit by State
Section 134.185. Intervention by Commission
Section 134.186. Costs of Suit; Filing of Bond