By Brown                                         S.B. No. 636

      75R6404 T                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to exemptions from the Texas Surface Coal Mining and

 1-3     Reclamation Act, an exemption from surface mine permit application

 1-4     requirements for certain small mines, and abandoned mine lands

 1-5     eligible for reclamation or abatement expenditures.

 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-7           SECTION 1.  Section 134.056, Natural Resources Code is

 1-8     amended to read as follows:

 1-9           The commission shall designate a qualified public or private

1-10     laboratory to prepare the determination of probable hydrologic

1-11     consequences and statement of the results of test borings or core

1-12     samplings required by Section 134.052 and shall pay the costs of

1-13     preparing the determination and 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           SECTION 2.  Section 134.142, Natural Resources Code is

1-20     amended to read as follows:

1-21           Land and water are eligible for reclamation or abatement

1-22     expenditures if:

1-23                 (1) (A)  the land was mined for coal or was affected by

1-24     coal mining, waste banks, coal processing or other coal mining

 2-1     processing; or

 2-2                       (B)  land and water that are eligible for

 2-3     reclamation or abatement expenditures under 30 U.S.C. Section 1234;

 2-4                 (2)  the land was abandoned or inadequately reclaimed

 2-5     before August 3, 1977; and

 2-6                 (3)  there is no continuing reclamation responsibility

 2-7     for the land under state or federal law.

 2-8           SECTION 3.  This Act takes effect September 1, 1997.

 2-9           SECTION 4.  The importance of this legislation and the

2-10     crowded condition of the calendars in both houses create an

2-11     emergency and an imperative public necessity that the

2-12     constitutional rule requiring bills to be read on three several

2-13     days in each house be suspended, and this rule is hereby suspended.