1-1  By:  Ratliff                                           S.B. No. 271
    1-2        (In the Senate - Filed January 19, 1995; January 23, 1995,
    1-3  read first time and referred to Committee on Natural Resources;
    1-4  March 7, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 10, Nays 0; March 7, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 271                  By:  Ratliff
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the applicant-violator system of the Texas Surface Coal
   1-11  Mining and Reclamation Act.
   1-12        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-13        SECTION 1.  Subsection (b), Section 6, Texas Surface Coal
   1-14  Mining and Reclamation Act (Article 5920-11, Vernon's Texas Civil
   1-15  Statutes), is amended to read as follows:
   1-16        (b)  The process of making and amending rules and issuing
   1-17  permits shall be pursuant to the Administrative Procedure Act
   1-18  (Chapter 2001, Government Code) <and Texas Register Act, as
   1-19  amended>.  The Administrative Procedure Act does not apply to
   1-20  actions by the commission to suspend or rescind an improvidently
   1-21  issued permit as authorized by Section 21a of this Act, except that
   1-22  a permittee who is the subject of a suspension or rescission notice
   1-23  issued by the commission under Section 21a of this Act may file an
   1-24  appeal for administrative review of the notice as provided by
   1-25  commission rules, and such review shall be governed by the
   1-26  Administrative Procedure Act.
   1-27        SECTION 2.  Subsection (c), Section 21, Texas Surface Coal
   1-28  Mining and Reclamation Act (Article 5920-11, Vernon's Texas Civil
   1-29  Statutes), is amended to read as follows:
   1-30        (c)  The applicant shall file, with his or her application, a
   1-31  schedule listing any and all notices of violations of this Act, the
   1-32  Surface Mining Control and Reclamation Act of 1977, as amended (30
   1-33  U.S.C. Section 1201), and any other law, rule, or regulation of the
   1-34  United States, or the State of Texas, or of any department or
   1-35  agency in the United States pertaining to air or water
   1-36  environmental protection incurred by the applicant in connection
   1-37  with any surface coal mining operation <within the state> during
   1-38  the three-year period prior to the date of application, and <shall
   1-39  include in> the schedule shall indicate<,> the final resolution of
   1-40  any such notice of violation.  The schedule required by this
   1-41  subsection shall include notices of violations of federal
   1-42  regulations or federal or state programs adopted under the Surface
   1-43  Mining Control and Reclamation Act of 1977, as amended (30 U.S.C.
   1-44  Section 1201).  If the schedule or other information available to
   1-45  the commission indicates that any surface coal mining operation
   1-46  owned or controlled by the applicant is currently in violation of
   1-47  this Act or other laws referred to in this subsection, the permit
   1-48  shall not be issued until the applicant submits proof that the
   1-49  violation has been corrected or is in the process of being
   1-50  corrected to the satisfaction of the commission, department, or
   1-51  agency that has jurisdiction over the violation <or that the notice
   1-52  of violation is being contested by the applicant>, and no permit
   1-53  shall be issued to any applicant after a finding by the commission,
   1-54  after opportunity for hearing, that the applicant, or the operator
   1-55  specified in the application, controls or has controlled mining
   1-56  operations with a demonstrated pattern of wilful violations of this
   1-57  Act or other laws referred to in this subsection of such nature and
   1-58  duration with such resulting irreparable damage to the environment
   1-59  as to indicate an intent not to comply with this Act or other laws
   1-60  referred to in this subsection.
   1-61        SECTION 3.  The Texas Surface Coal Mining and Reclamation Act
   1-62  (Article 5920-11, Vernon's Texas Civil Statutes) is amended by
   1-63  adding Section 21a to read as follows:
   1-64        Sec. 21a.  SUSPENSION OR RESCISSION OF IMPROVIDENTLY ISSUED
   1-65  PERMITS.  The commission is authorized to adopt and enforce rules
   1-66  relating to suspension or rescission of improvidently issued
   1-67  permits that are consistent with and no less effective than federal
   1-68  regulations adopted under the Surface Mining Control and
    2-1  Reclamation Act of 1977, as amended (30 U.S.C. Section 1201).
    2-2        SECTION 4.  This Act takes effect September 1, 1995.
    2-3        SECTION 5.  The importance of this legislation and the
    2-4  crowded condition of the calendars in both houses create an
    2-5  emergency and an imperative public necessity that the
    2-6  constitutional rule requiring bills to be read on three several
    2-7  days in each house be suspended, and this rule is hereby suspended.
    2-8                               * * * * *