BILL ANALYSIS


                                                     C.S.S.B. 271
                                                      By: Ratliff
                                                Natural Resources
                                                         03-08-95
                                   Committee Report (Substituted)
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 unabated or penalty remains unpaid.

PURPOSE

As proposed, C.S.S.B. 271 requires the Railroad Commission of Texas
to review its permit application process, and requires the
commission to suspend or rescind, with notice, the permit of any
violator of a state or federal surface coal mining regulations.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Railroad Commission of Texas under SECTION 2 (Section 21a,
Article 5920-11, V.T.C.S.).

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 6(b), Article 5920-11, V.T.C.S., to
require the process of making and amending rules and issuing
permits to be pursuant to the Administrative Procedure Act, 
Chapter 2001, Government Code.  Provides that the Administrative
Procedure Act does not apply to actions by the Railroad Commission
of Texas (commission) relating to automatically suspending or
rescinding a surface coal mining and reclamation permit (permit). 
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.  Requires the review to be governed by the Administrative
Procedure Act.

SECTION 2.  Amends Section 21(c), Article 5920-11, V.T.C.S., to
require the applicant to file, with the application, a schedule
listing violations of any state or federal regulations in
connection with environmental protection in connection with any
surface coal mining operation, rather than only within the state. 
Requires the schedule to include all notices of violations of
federal or state regulations and programs adopted under the Surface
Mining Control and Reclamation Act of 1977, 30 U.S.C. 1201. 
Prohibits the permit from being issued if the applicant is still in
violation of any state or federal surface coal mining regulations
until proof of correction has been submitted.

SECTION 3.  Amends Article 5920-11, V.T.C.S., by adding Section
21a, as follows:

     Sec.  21a.  SUSPENSION OR RESCISSION OF IMPROVIDENTLY ISSUED
     PERMITS.  Authorizes the commission to adopt and enforce rules
     relating to suspension or rescission of improvidently issued
     permits that are consistent with and no less effective than
     federal regulations adopted under the Surface Mining Control
     and Reclamation Act of 1977, 30 U.S.C. 1201.
     
     SECTION 3.  Effective date: September 1, 1995.

SECTION 4.  Emergency clause.