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


Senate Research CenterC.S.S.B. 636
By: Brown
Natural Resources
2-26-97
Committee Report (Substituted)


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, C.S.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 Sections 134.056 and 134.142, Natural Resources Code, as
follows: 

Sec. 134.056.  SMALL MINE EXEMPTION.  Requires 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.   

Sec. 134.142.  ELIGIBILITY OF LAND AND WATER.  Provides that land and
water are eligible for reclamation or abatement expenditures under this
subchapter if the land and water are eligible for reclamation or abatement
expenditures under the Surface Mining Control and Reclamation Act of 1977.
Deletes certain reclamation or abatement eligibility requirements.  

SECTION 2. Effective date: September 1, 1997.

SECTION 3. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

Amends SECTION 1, Section 134.142, Natural Resources Code, to provide that
land and water are eligible for reclamation or abatement expenditures
under this subchapter if the land and water are  eligible for reclamation
or abatement under the  Surface Mining Control and Reclamation Act of
1977.  Deletes certain eligibility requirements for reclamation or
abatement expenditures. 

Amends SECTIONS 2-4, to make conforming changes.