1-1 By: Brown S.B. No. 636
1-2 (In the Senate - Filed February 18, 1997; February 20, 1997,
1-3 read first time and referred to Committee on Natural Resources;
1-4 February 27, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0;
1-6 February 27, 1997, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 636 By: Brown
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to assistance to certain surface coal mining operators in
1-11 the preparation of surface coal mining permit applications and to
1-12 the eligibility of land and water affected by coal mining for
1-13 reclamation or abatement expenditures.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Sections 134.056 and 134.142, Natural Resources
1-16 Code, are amended to read as follows:
1-17 Sec. 134.056. SMALL MINE EXEMPTION. The commission shall
1-18 designate a qualified public or private laboratory to prepare the
1-19 determination of probable hydrologic consequences and statement of
1-20 the results of test borings or core samplings required by Section
1-21 134.052 and shall pay the costs of preparing the determination and
1-22 statement if:
1-23 (1) a surface coal mining operator makes a request in
1-24 writing; and
1-25 (2) the commission finds that the probable total
1-26 annual production at all locations of the surface coal mining
1-27 operator will not exceed 300,000 [100,000] tons.
1-28 Sec. 134.142. ELIGIBILITY OF LAND AND WATER. Land and water
1-29 are eligible for reclamation or abatement expenditures under this
1-30 subchapter if the land and water are eligible for reclamation or
1-31 abatement expenditures under the federal Act[:]
1-32 [(1) the land was mined for coal or was affected by
1-33 coal mining, waste banks, coal processing, or other coal mining
1-34 processing;]
1-35 [(2) the land was abandoned or inadequately reclaimed
1-36 before August 3, 1977; and]
1-37 [(3) there is no continuing reclamation responsibility
1-38 for the land under state or federal law].
1-39 SECTION 2. This Act takes effect September 1, 1997.
1-40 SECTION 3. The importance of this legislation and the
1-41 crowded condition of the calendars in both houses create an
1-42 emergency and an imperative public necessity that the
1-43 constitutional rule requiring bills to be read on three several
1-44 days in each house be suspended, and this rule is hereby suspended.
1-45 * * * * *