By Staples H.B. No. 1895
75R6931 MCK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to assistance to certain surface coal mining operators in
1-3 the preparation of surface coal mining permit applications and to
1-4 the eligibility of land and water for reclamation or abatement
1-5 expenditures.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Sections 134.056 and 134.142, Natural Resources
1-8 Code, are amended to read as follows:
1-9 Sec. 134.056. SMALL MINE EXEMPTION. The commission shall
1-10 designate a qualified public or private laboratory to prepare the
1-11 determination of probable hydrologic consequences and statement of
1-12 the results of test borings or core samplings required by Section
1-13 134.052 and shall pay the costs of preparing the determination and
1-14 statement if:
1-15 (1) a surface coal mining operator makes a request in
1-16 writing; and
1-17 (2) the commission finds that the probable total
1-18 annual production at all locations of the surface coal mining
1-19 operator will not exceed 300,000 [100,000] tons.
1-20 Sec. 134.142. ELIGIBILITY OF LAND AND WATER. Land and water
1-21 are eligible for reclamation or abatement expenditures under this
1-22 subchapter if the land and water are eligible for reclamation or
1-23 abatement expenditures under the federal Act[:]
1-24 [(1) the land was mined for coal or was affected by
2-1 coal mining, waste banks, coal processing, or other coal mining
2-2 processing;]
2-3 [(2) the land was abandoned or inadequately reclaimed
2-4 before August 3, 1977; and]
2-5 [(3) there is no continuing reclamation responsibility
2-6 for the land under state or federal law].
2-7 SECTION 2. This Act takes effect September 1, 1997.
2-8 SECTION 3. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.