AN ACT

 1-1     relating to assistance to certain surface coal mining operators in

 1-2     the preparation of surface coal mining permit applications and to

 1-3     the eligibility of land and water affected by coal mining for

 1-4     reclamation or abatement expenditures.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Sections 134.056 and 134.142, Natural Resources

 1-7     Code, are amended to read as follows:

 1-8           Sec. 134.056.  SMALL MINE EXEMPTION.  The commission shall

 1-9     designate a qualified public or private laboratory to prepare the

1-10     determination of probable hydrologic consequences and statement of

1-11     the results of test borings or core samplings required by Section

1-12     134.052 and shall pay the costs of preparing the determination and

1-13     statement if:

1-14                 (1)  a surface coal mining operator makes a request in

1-15     writing; and

1-16                 (2)  the commission finds that the probable total

1-17     annual production at all locations of the surface coal mining

1-18     operator will not exceed 300,000 [100,000] tons.

1-19           Sec. 134.142.  ELIGIBILITY OF LAND AND WATER.  Land and water

1-20     are eligible for reclamation or abatement expenditures under this

1-21     subchapter if the land and water are eligible for reclamation or

1-22     abatement expenditures under the federal Act[:]

1-23                 [(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.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 636 passed the Senate on

         March 13, 1997, by the following vote:  Yeas 31, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 636 passed the House on

         May 28, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor