SRC-HRD S.B. 636 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 636
By: Brown
Natural Resources
2-20-97
As Filed


DIGEST 

Currently, Texas law allows an operator who produces not more than 100,000
tons of coal per year to receive state assistance in the permit
application process.  At present no Texas coal mining operators qualify
for the Small Operators Assistance Program (SOAP) under the 100,000 tons
per year limit.  This bill would raise the limit to 300,000 tons per year. 

Coal mine operators pay federal taxes on coal mined within the state.  Up
to 50 percent of the taxes paid may be returned to the state for
reclamation of abandoned coal mines.  After all priority coal mines have
been reclaimed, these federal funds may be used to reclaim abandoned
non-coal mines. This bill provides clarification so that the Railroad
Commission of Texas can use federal funds to reclaim both abandoned coal
and non-coal mines in the state.   

PURPOSE

As proposed, S.B. 636 requires the Railroad Commission to pay the cost of
preparing a determination of probable hydrologic consequences and
statement of results of test borings for a surface coal mining operator if
the Railroad Commission finds that the probable total annual production of
the surface coal mining operator will not exceed 300,000 tons.  This bill
also provides that land and water are eligible for reclamation or
abatement if they meet certain qualifications.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 134.056, Natural Resources Code, to require the
Railroad Commission of Texas (commission) to designate a qualified
laboratory to prepare the determination of probable hydrologic
consequences and statement of the results of test borings or core
samplings required by Section 134.052 and to pay the costs of preparing
the determination and statement if the commission finds that the probable
total annual product at all locations of the surface coal mining operator
will not exceed 300,000 tons, rather than 100,000 tons. 

SECTION 2. Amends Section 134.142, Natural Resources Code, to provide that
land and water are eligible for reclamation or abatement expenditures if
the land was mined for coal or was affected by coal mining, waste banks,
coal processing or other coal mining processing; or land and water that
are eligible for reclamation or abatement under 30 U.S.C. Section 1234. 

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.