BILL ANALYSIS



S.B. 271
By: RATLIFF (RAMSAY)
April 25, 1995
Committee Report (Unamended)


BACKGROUND

Current Texas law requires surface coal mining and reclamation
permit applicants to report violations received only for operations
within this state.  Suspension and rescission occur only after a
notice and opportunity for a hearing.  Current federal law requires
violations in any state to be reported when applying for the
permit, and states are required to automatically suspend or rescind
a permit if a violation remains uncorrected or a penalty remains
unpaid.


PURPOSE

S.B. 271 would allow the Railroad Commission of Texas to suspend or
rescind, with notice, the permit of any violator of a federal or
any state's surface coal mining regulations. The bill would require
the Commission to withhold a permit for any applicant in violation
of the same laws.


RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Railroad Commission of Texas in SECTION 3 of this bill.


SECTION BY SECTION ANALYSIS

S.B. 271 amends Article 5920-11, Vernon's Texas Civil Statutes, as
follows:

SECTION 1.  Amends Section 6(b) to require the process of making
and amending rules and issuing permits to be pursuant to the
Administrative Procedure Act (Chapter 2001, Government Code).
Exempts actions by the Railroad Commission of Texas relating to
automatically suspending or rescinding a surface coal mining and
reclamation permit from the Administrative Procedure Act.
Authorizes a permittee who is the subject of a suspension or
rescission notice issued by the commission to file an appeal for
administrative review of the notice as provided by commission
rules. The review would be governed by the Administrative Procedure
Act.

SECTION 2.  Amends Section 21(c) to include the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C.  Section 1201) and
any other federal or Texas regulations in the list of regulations
for which the applicant is required to submit a list of violations
committed. Deletes reference to violations that occur "within the
state" so that violations that occur in other states are also
included in the list of violations that must be reported. Deletes
language allowing a permittee to obtain a permit while a violation
is being contested. Prohibits issuing a permit to an operator who
has demonstrated a pattern of "wilful" violation of this Act or the
other laws referred to in Subsection (c).

SECTION 3.  Adds Section 21a, entitled "SUSPENSION OR RESCISSION OF
IMPROVIDENTLY ISSUED PERMITS", to authorize the commission to adopt
and enforce rules relating to suspension or rescission of permits
issued under regulations that are less effective than federal
regulations adopted under the Surface Mining Control and
Reclamation Act of 1977.

SECTION 4.  Effective Date: September 1, 1995.

SECTION 5.  Emergency Clause.

SUMMARY OF COMMITTEE ACTION

S.B. 271 was considered by the Energy Resources Committee in a
public hearing on April 24, 1995. The following witnesses testified
neutrally on the bill:
     Melvin Hodgkiss, representing the Railroad Commission of
Texas; and,
     Brenda Loudermilk, also representing the Railroad Commission
of Texas.

The bill was left pending. Later in the same public hearing, S.B.
271 was laid out on pending business. The bill was reported
favorably without amendment with the recommendation that it do pass
and be printed and be sent to the Committee on Local and Consent
Calendars, by a record vote of 6 ayes, 0 nays, 0 PNV, and 3 absent.