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                                  * * * * *