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By: Howard H.B. No. 3059
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of structural clay and brick raw
materials extraction operations; providing an administrative
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Title 4, Natural Resources Code, is amended by
adding Chapter 135 to read as follows:
CHAPTER 135. STRUCTURAL CLAY AND BRICK RAW MATERIALS SAFETY AND
RECLAMATION ACT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 135.001. SHORT TITLE. This chapter may be cited as the
Texas Structural Clay and Brick Raw Materials Safety and
Reclamation Act.
Sec. 135.002. DEFINITIONS. In this chapter:
(1) "Affected land" means:
(A) the area from which any materials are to be or
have been extracted in an extraction operation;
(B) the area on which any materials that are
extracted are to be or have been deposited;
(C) the impoundment basins within the extraction
area constructed and used for the sole purpose of the extraction
operation; or
(D) the roads within the extraction area
constructed and used for the sole purpose of the extraction
operation.
(2) "Certificate area" means the land for which a
certificate of registration has been issued under this chapter.
(3) "Certificate holder" means an individual or entity
that holds a certificate of registration issued under this chapter.
(4) "Certificate term" means the period beginning with
the date on which a certificate of registration is issued under this
chapter and ending on a date not later than the 10th anniversary of
the date of issuance.
(5) "Commercial purposes" means the sale of material
from an extraction operation as a cash transaction or as part of a
contractual agreement involving payment for materials provided, or
the use of that material in another process to create a product with
value.
(6) "Commission" means the Railroad Commission of
Texas.
(7) "Director" means the executive head and active
administrator of the division.
(8) "Division" means the surface mining division of
the commission.
(9) "Extraction area" means the land from which
structural clay and brick raw materials are removed.
(10) "Extraction" and "extraction operation" mean the
activities associated with the removal and storage of structural
clay and brick raw materials for commercial purposes, including the
mechanical removal, cleaning, and preparation of materials at the
site.
(11) "Final cut" means the last pit created in a
structural clay and brick raw materials extraction area.
(12) "High wall" means the side of the pit, equal to or
greater than 10 vertical feet, that is adjacent to unmined land.
(13) "Operator" means an individual, partnership,
firm, or corporation engaged in or controlling an extraction
operation.
(14) "Ordinary high water mark" means the line
delineating the bed from the bank and is found by ascertaining where
the presence and actions of water are so usual and long, continuing
in ordinary years, as to mark on the soil of the bed a character
distinct from that of the banks, with respect to vegetation and the
nature of the soil.
(15) "Owner" means an individual, partnership, firm,
or corporation having title to all or part of the land on which an
extraction operation exists.
(16) "Peak" means a projecting point of spoil created
in an extraction operation.
(17) "Pit" means a tract of land where extraction is
taking place.
(18) "Reclamation" means the process of restoring to a
useful purpose land affected by an extraction operation.
(19) "Ridge" means a lengthened elevation of spoil
created in the extraction process.
(20) "Right-of-way" means the portion of land over or
under which certain facilities, including roadways, pipelines, or
power lines, are built.
(21) "Site" means the land on which an extraction
operation, including ancillary buildings such as shop, warehouse,
and maintenance support facilities, is located.
(22) "Spoil" means all waste material and debris
connected with the extraction operation.
(23) "Streambed" or "stream channel" means the area
that lies between the lines delineating the bed from the bank on
each side of a stream, creek, branch, or river.
(24) "Structural clay and brick raw materials" means
those materials within the North American Industrial
Classification System No. 212325 that are extracted in conjunction
with the production of structural clay products and brick.
(25) "Waterway" means the natural channel of any
perennial stream, creek, branch, or river.
Sec. 135.003. EXEMPTIONS. (a) This chapter does not apply
to:
(1) land, including all affected land, from which
structural clay and brick raw materials are produced before
September 1, 2003;
(2) a parcel of affected land of less than five acres;
or
(3) manufacturing activities located within or
adjacent or contiguous to any operation site or affected land.
(b) Notwithstanding Subsection (a)(1), an operator may not
expand the surface acreage of a pit from which structural clay and
brick raw materials are extracted after September 1, 2003, unless
the operator obtains a certificate of registration for any land
affected by the expansion and complies with other provisions of
this chapter applicable to that land.
[Sections 135.004-135.050 reserved for expansion]
SUBCHAPTER B. AUTHORITY OF COMMISSION
Sec. 135.051. GENERAL AUTHORITY OF COMMISSION. (a) The
commission may:
(1) adopt rules and issue orders as necessary to
implement and enforce this chapter;
(2) conduct, encourage, request, and participate in
studies, surveys, investigations, research, experiments, training,
and demonstrations by contract, grant, or otherwise;
(3) apply for, accept, receive, and administer grants,
gifts, loans, or other money from any source for the purposes of
this chapter;
(4) hire employees, adopt employment standards, and
hire or authorize the hiring of outside contractors to assist in
implementing this chapter; and
(5) enter into contracts with other state agencies
with pertinent expertise to obtain professional and technical
services necessary to implement this chapter.
(b) This chapter does not authorize the commission to:
(1) adjudicate property title or property rights
disputes; or
(2) add or modify fees for specific actions required
by or otherwise described by this chapter.
Sec. 135.052. INSPECTIONS. (a) On 24-hour notice and
presentation of appropriate credentials, a commission member or an
authorized representative of the commission may inspect a site to
determine whether the extraction operation is complying with this
chapter and commission rules adopted under this chapter.
(b) An inspection may be conducted only during normal
operating hours.
(c) An inspector must inform the operator of the reasons for
the inspection.
(d) An inspector shall prepare an inspection report
adequate to document site conditions and compliance with this
chapter and commission rules adopted under this chapter. The
inspector shall provide a draft copy of the inspection report to the
certificate holder or an authorized representative of the
certificate holder before leaving the site. The commission shall
provide a final copy of the inspection report to the certificate
holder not later than the fifth business day after the inspector
leaves the site.
(e) The certificate holder is not subject to a fee for
inspections conducted by the commission under this section.
[Sections 135.053-135.100 reserved for expansion]
SUBCHAPTER C. CERTIFICATE OF REGISTRATION
Sec. 135.101. CERTIFICATE OF REGISTRATION REQUIRED. A
person may not conduct an extraction operation in this state unless
the person holds a certificate of registration for that operation
issued by the commission under this chapter.
Sec. 135.102. APPLICATION. (a) To obtain a certificate of
registration, a person must file an application with the commission
on a concise form prescribed by the commission, accompanied by a fee
of $200 and the bond or alternate form of financial security
required by Subchapter D.
(b) The application must include:
(1) the name, address, and telephone number of the
operator;
(2) the name, address, and telephone number of each
owner of the site of the proposed extraction operation who is not
the operator;
(3) the type of extraction activities to be conducted
on the site of the proposed extraction operation, including an
estimate of the number of acres of land to be disturbed annually for
extraction purposes;
(4) a legal description of the land on which the
extraction operation is to be located;
(5) a map of the site of the proposed extraction
operation showing any easement, public or private road, or
right-of-way;
(6) a notarized statement certifying that the operator
has the legal right to conduct an extraction operation on the land
described; and
(7) a reclamation plan that complies with the
provisions of this chapter governing the reclamation activities to
be undertaken.
(c) A separate application is required for each extraction
operation located on property that is noncontiguous or is at a
distance greater than one mile from the noncontiguous extraction
area, at the closest point between each extraction area, unless the
extraction operation is located within the boundary described in
the legal description provided under Subsection (b)(4).
(d) A certificate issued under this chapter does not:
(1) exempt the certificate holder from obtaining other
state or federal permits or licenses; or
(2) authorize the start-up of site activities that
require other permits or licenses.
Sec. 135.103. ISSUANCE OF CERTIFICATE. (a) Not later than
the 30th day after the date the commission receives an application
containing the information required by Section 135.102, the
application fee, and a bond or alternate form of financial security
as required by Subchapter D, the commission shall:
(1) issue a certificate of registration to the
applicant entitling the applicant to engage in extraction
operations on the land described in the application; or
(2) deny the certificate and provide the applicant a
written statement explaining the reason for denial of the
certificate.
(b) The commission may not give public notice or hold a
public hearing before issuing a certificate of registration.
Sec. 135.104. TERM OF CERTIFICATE. A certificate of
registration expires on the 10th anniversary of the date of
issuance.
Sec. 135.105. RENEWAL OF CERTIFICATE. A certificate holder
may renew an unexpired certificate of registration by paying a
renewal fee of $200 to the commission before the expiration date of
the certificate.
Sec. 135.106. RECLAMATION REQUIREMENTS. A certificate of
registration must require that the extraction operation meet the
applicable reclamation requirements of this chapter and commission
rules adopted under this chapter before the commission may release
the full amount of the bond or alternate form of security for the
certificate term.
Sec. 135.107. TRANSFER OF CERTIFICATE. (a) A certificate
holder must provide written notice to the commission not later than
the 30th day before the date the certificate holder transfers a
certificate of registration. The notice must:
(1) include the name of the individual or entity to
whom the certificate holder proposes to transfer the certificate;
and
(2) be accompanied by a bond or alternate form of
financial security as required by Subchapter D, provided by the
individual or entity to whom the certificate holder proposes to
transfer the certificate.
(b) A certificate holder may transfer a certificate of
registration on or after the 30th day after the date the operator
provides notice under Subsection (a) unless the commission before
that day notifies the certificate holder that the transfer is
disapproved.
(c) On transfer of the certificate:
(1) the new certificate holder assumes all obligations
of the former operator with respect to the extraction operation
covered by the certificate;
(2) the former certificate holder is released from all
obligations with respect to the extraction operation covered by the
certificate; and
(3) the commission shall return to the former
certificate holder the bond or alternate form of financial security
provided by the former certificate holder.
Sec. 135.108. AMENDMENT OF CERTIFICATE. (a) On receipt of
an application, the commission may amend a certificate of
registration to cover additional land that is in the immediate
vicinity of the extraction area for which the certificate was
issued, including land that is not contiguous to the extraction
operation but is within one mile of the closest point of the
boundary for which the certificate was issued. An amendment
application fee of $200 must be submitted to the commission with the
application to amend the certificate.
(b) An application to amend a certificate of registration
must describe:
(1) the additional land to be covered by the
certificate;
(2) the extraction operations to be conducted on the
land; and
(3) the reclamation plan for the additional land.
(c) The application to amend a certificate of registration
must include a new or revised bond or additional alternate form of
financial security to cover the additional land.
(d) The filing of an application to amend a certificate of
registration does not affect:
(1) the authority granted under the certificate to be
amended; or
(2) the term of the certificate to be amended.
(e) Not later than the 30th day after the date the
commission receives a completed application to amend a certificate
of registration, the commission shall:
(1) issue an amended certificate of registration to
the certificate holder entitling the certificate holder to engage
in the extraction operations identified in the amendment
application; or
(2) provide the certificate holder with a written
statement explaining the reason for denial of the amendment
application.
(f) The commission may not give public notice or hold a
public hearing before issuing an amended certificate of
registration.
Sec. 135.109. TEMPORARY VARIANCES. (a) The director may,
for compelling reasons and good cause shown, grant a temporary
variance from the requirements of any certificate of registration
issued by the commission.
(b) The variance may not exceed a period of 90 days unless a
longer period is justified by circumstances beyond the applicant's
control. The commission may grant a request to extend a variance at
any time before the expiration date of the variance.
(c) The commission may not give public notice or hold a
public hearing before granting or denying a temporary variance
request.
(d) In considering any request for a variance, the director
shall consider:
(1) the environmental and public health and safety
effects of the temporary variance; and
(2) any economic advantage obtained by the applicant
requesting the variance over other similarly situated facilities
operating in accordance with similar permit conditions that did not
request a variance.
(e) In addition, the director may take into account whether:
(1) strict compliance with the certificate of
registration or reclamation plan is inappropriate because of
conditions beyond the control of the certificate holder requesting
the variance;
(2) strict compliance would result in substantial
curtailment or closing down of a business, plant, or operation; and
(3) the variance request is prompted by recurrent or
unavoidable compliance problems.
[Sections 135.110-135.150 reserved for expansion]
SUBCHAPTER D. BOND OR ALTERNATE FORM OF FINANCIAL SECURITY
Sec. 135.151. BOND REQUIRED. (a) An application for a
certificate of registration must be accompanied by a bond on a form
prescribed by the commission, payable to the state, and conditioned
on the operator's compliance with the requirements of this chapter
and rules adopted or orders issued by the commission under this
chapter for the extraction operation.
(b) A bond must be signed by the operator as principal and by
a good and sufficient surety licensed to do business in this state.
Sec. 135.152. AMOUNT OF BOND. A bond must be in the amount
of $1,000 for each acre of proposed affected land as provided by the
application plan for the proposed extraction operation.
Sec. 135.153. TERM OF BOND. (a) A bond remains in effect
for a certificate holder until the commission determines that the
extraction operation has been reclaimed in accordance with this
chapter and commission rules unless the certificate of registration
is transferred in accordance with Section 135.107.
(b) The commission may release a part of the amount of the
bond if the commission determines that part of an extraction
operation site has been reclaimed in accordance with this chapter.
Sec. 135.154. CANCELLATION OF BOND. The surety on a bond
may not cancel the bond until the commission gives written notice
that a substitute bond has been accepted or that the bond is no
longer required.
Sec. 135.155. SUBSTITUTION OF SURETY. (a) If the surety on
a bond ceases to do business in this state or the surety's license
to do business is suspended or revoked, the certificate holder,
after receiving notice from the commission, shall substitute
another good and sufficient surety licensed to do business in this
state not later than the 30th day after receiving the notice.
(b) If a certificate holder fails to substitute sureties as
required by Subsection (a), the certificate holder is in violation
of this chapter, and the commission may suspend the certificate
holder's certificate of registration until the substitution is
made.
(c) The certificate holder may file a substitute bond or
alternate form of financial security with the commission and
request that the previously approved bond or alternate form of
security be returned on approval of the substitute by the
commission.
Sec. 135.156. ALTERNATE FORM OF FINANCIAL SECURITY. In
lieu of filing a bond, an operator may deposit cash, government
securities, a certificate of deposit, or an irrevocable letter of
credit with the commission in an amount equal to the amount of a
bond required by Section 135.152, on terms prescribed by the
commission.
Sec. 135.157. APPLICATION FOR RELEASE OF BOND OR ALTERNATE
FORM OF FINANCIAL SECURITY. (a) An operator may file an
application with the commission requesting the release of all or
part of the bond or alternate form of financial security.
(b) The application requesting release of the bond must
state the acreage and describe the type of and the approximate dates
on which reclamation work was performed and the results achieved as
they relate to the certificate holder's reclamation plan.
[Sections 135.158-135.200 reserved for expansion]
SUBCHAPTER E. CONDUCT OF EXTRACTION OPERATIONS
Sec. 135.201. MINIMUM DISTANCE FROM PIT PERIMETER TO
PROPERTY LINE. (a) An extraction pit perimeter must be located at
least:
(1) 50 feet from the nearest property line control
boundary if the pit high wall depth is 10 feet or less; or
(2) 100 feet from the nearest property line control
boundary if the pit high wall depth is greater than 10 feet.
(b) For purposes of this section, the pit depth is
determined by measuring the vertical distance from the toe of the
high wall slope to the pit perimeter elevation.
(c) This section does not apply if the certificate holder of
the extraction operation for which the certificate was issued
obtains written consent from each adjacent property owner agreeing
to disturbance closer than allowed under Subsection (a)(1) or
(a)(2). Adjacent property includes rights-of-way.
Sec. 135.202. IDENTIFICATION SIGNS AND MARKERS. (a) The
perimeter of the certificate area must be clearly marked on the
ground at all times using metal posts, stakes, or a similar device
projecting a minimum of 36 inches aboveground and painted orange.
These markings must remain in place until the operator has
reclaimed the site and obtained full bond release from the
commission.
(b) The certificate holder shall protect the public from the
dangers inherent in an extraction operation by restricting access
to the site and posting adequate warning signs.
(c) Identification signs must:
(1) be displayed at each point of access to the
certificate area from public roads;
(2) show the current certificate of registration
identification number and the name, business address, and telephone
number of the certificate holder; and
(3) be retained and maintained until after full
release of the bond from the commission.
[Sections 135.203-135.250 reserved for expansion]
SUBCHAPTER F. RECLAMATION
Sec. 135.251. RECLAMATION PLAN. (a) A reclamation plan
submitted as part of an application for a certificate of
registration must specify:
(1) the number of acres estimated to be affected by the
proposed extraction operation during:
(A) the 10-year certificate term; and
(B) the life of the operation; and
(2) the estimated year in which the extraction
operation will cease extraction of structural clay and brick raw
materials.
(b) A reclamation plan must include:
(1) a map showing the projected affected land for
extraction of structural clay and brick raw materials during the
10-year certificate of registration term;
(2) a map showing the projected affected land for
extraction of structural clay and brick raw materials during the
life of the extraction operation that also describes the existing
land of any area contiguous to any extraction area;
(3) a description of how the affected land will be
returned to a condition relative to its intended use; and
(4) the location and intended use of all land to be
affected by the extraction operation during the term of the
certificate of registration.
(c) Reclamation activities may include land grading,
vegetation planting, and surface contour drainage reestablishment
in accordance with Sections 135.254 and 135.256. Reclamation
activities may not include restrictions on any characteristics of
the material used in reestablishing the surface topography,
including soil characteristics and fill material permeability, or
the comparison of hydrological conditions of the affected land
before and after extraction.
(d) A certificate holder may amend a reclamation plan at any
time, subject to commission approval.
Sec. 135.252. ACCESS TO LAND ABOVE BENCH OR HIGH WALL. The
operator shall provide at least one suitable route of ingress and
egress to land above the bench or high wall if an extraction
operation produces a bench or high wall.
Sec. 135.253. RESTRICTION OF WATERWAY. An operator may not
move overburden in a manner that restricts a waterway unless a
drainage may be reconstructed with the approval of each appropriate
state or federal agency in accordance with the applicable rules and
regulations of the appropriate state or federal agency. The
certificate holder shall obtain the necessary approvals.
Sec. 135.254. GRADING OF OVERBURDEN. (a) An operator
shall:
(1) place, grade, and stabilize all overburden removed
so as to minimize soil erosion, surface disturbance, and stream
sedimentation; and
(2) grade all ridges and peaks of overburden created
by the extraction operation to a rolling topography traversable by
equipment customarily used in connection with the use to be made of
the land after reclamation, except that the slope is not required to
be reduced to less than the original grade of the area surrounding
the pit before mining.
(b) This section does not apply to an extraction operation
if:
(1) the extraction operation is conducted:
(A) in the floodplain of a river or stream
subject to periodic flooding; or
(B) in a wetland as designated by the appropriate
state or federal agency; or
(2) the pit resulting from the extraction operation is
covered by a lake as provided by Section 135.255.
(c) Notwithstanding Subsection (a), an operator:
(1) is not required to backfill a pit; and
(2) may leave boulders in a pit.
Sec. 135.255. CONSTRUCTION OF DAM. An operator may
construct a dam to form a lake resulting from an extraction
operation. The certificate holder shall comply with applicable
regulations of other agencies for the construction of a dam.
Sec. 135.256. REVEGETATION. Revegetation of land affected
by an extraction operation is not required if:
(1) the chemical or physical characteristics of the
soil seriously inhibit plant growth;
(2) the land is to be covered by a permanent lake or
pond; or
(3) the use of land following the extraction operation
is one that does not warrant establishment of vegetation.
[Sections 135.257-135.300 reserved for expansion]
SUBCHAPTER G. ADMINISTRATIVE PENALTY
Sec. 135.301. IMPOSITION OF PENALTY. The commission shall
impose an administrative penalty on a certificate holder for an
extraction operation who violates this chapter or a rule adopted or
order issued under this chapter. The certificate holder may
continue to operate an extraction operation when a penalty has been
imposed by the commission in accordance with this chapter.
Sec. 135.302. AMOUNT OF PENALTY. The amount of the penalty
is not less than $100 or more than $1,000 for each act of violation.
The commission shall develop a point system to determine the amount
of the penalty.
Sec. 135.303. NOTICE OF VIOLATION AND PENALTY. (a) If,
after investigation of a possible violation and the facts
surrounding that possible violation, the commission determines
that a violation has occurred, the commission shall give written
notice of the violation to the certificate holder alleged to have
committed the violation.
(b) The notice must:
(1) include a brief summary of the alleged violation;
(2) state the amount of the proposed administrative
penalty; and
(3) inform the certificate holder of the right to a
hearing on the occurrence of the violation, the amount of the
penalty, or both.
Sec. 135.304. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
Not later than the 20th day after the date the certificate holder
receives the notice, the certificate holder in writing may:
(1) accept the determination and the proposed
administrative penalty; or
(2) make a request for a hearing on the occurrence of
the violation, the amount of the penalty, or both.
(b) If the certificate holder accepts the determination and
proposed penalty, the commission by order shall approve the
determination and impose the proposed penalty.
Sec. 135.305. HEARING. (a) If the certificate holder
requests a hearing or fails to respond in a timely manner to the
notice, the commission shall set a hearing and give written notice
of the hearing to the certificate holder. The commission may employ
a hearings officer to hold the hearing.
(b) The hearings officer shall make findings of fact and
conclusions of law and promptly issue to the commission a proposal
for a decision about the occurrence of the violation and the amount
of a proposed penalty.
Sec. 135.306. DECISION BY COMMISSION. (a) Based on the
findings of fact, conclusions of law, and proposal for a decision,
the commission by order may:
(1) find that a violation occurred and impose a
penalty; or
(2) find that a violation did not occur.
(b) The notice of the commission's order given to the
certificate holder must include a statement of the right of the
certificate holder to judicial review of the order.
Sec. 135.307. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
Not later than the 30th day after the date the commission's order
becomes final, the certificate holder shall:
(1) pay the penalty; or
(2) file a petition for judicial review contesting the
occurrence of the violation, the amount of the penalty, or both.
Sec. 135.308. STAY OF ENFORCEMENT OF PENALTY. (a) Within
the 30-day period prescribed by Section 135.307, a certificate
holder who files a petition for judicial review may:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement
in an escrow account; or
(B) giving the court a supersedeas bond approved
by the court that:
(i) is for the amount of the penalty; and
(ii) is effective until all judicial review
of the commission's order is final; or
(2) request the court to stay enforcement of the
penalty by:
(A) filing with the court a sworn affidavit of an
authorized representative of the certificate holder stating that
the certificate holder is financially unable to pay the penalty and
is financially unable to give the supersedeas bond; and
(B) giving a copy of the affidavit to the
commission by certified mail.
(b) If the commission receives a copy of an affidavit under
Subsection (a)(2), the commission may file with the court, within
five days after the date the copy is received, a contest to the
affidavit. The court shall hold a hearing on the facts alleged in
the affidavit as soon as practicable and shall stay the enforcement
of the penalty on finding that the alleged facts are true. The
certificate holder who files an affidavit has the burden of proving
that the certificate holder is financially unable to pay the
penalty and to give a supersedeas bond.
Sec. 135.309. COLLECTION OF PENALTY. (a) If the
certificate holder does not pay the penalty and the enforcement of
the penalty is not stayed, the penalty may be collected.
(b) The attorney general may sue to collect the penalty.
(c) A penalty collected under this subchapter shall be
deposited to the credit of the Texas structural clay and brick raw
materials safety and reclamation account in the general revenue
fund.
Sec. 135.310. DECISION BY COURT. (a) If the court sustains
the finding that a violation occurred, the court may uphold or
reduce the amount of the penalty and order the certificate holder to
pay the full or reduced amount of the penalty.
(b) If the court does not sustain the finding that a
violation occurred, the court shall order that a penalty is not
owed.
Sec. 135.311. REMITTANCE OF PENALTY AND INTEREST. (a) If
the certificate holder paid the penalty and if the amount of the
penalty is reduced or the penalty is not upheld by the court, the
court shall order, when the court's judgment becomes final, that
the appropriate amount plus accrued interest be remitted to the
certificate holder.
(b) The interest accrues at the rate charged on loans to
depository institutions by the New York Federal Reserve Bank.
(c) The interest shall be paid for the period beginning on
the date the penalty is paid and ending on the date the penalty is
remitted.
Sec. 135.312. RELEASE OF BOND. (a) If the certificate
holder gave a supersedeas bond and the penalty is not upheld by the
court, the court shall order, when the court's judgment becomes
final, the release of the bond.
(b) If the certificate holder gave a supersedeas bond and
the amount of the penalty is reduced, the court shall order the
release of the bond after the certificate holder pays the reduced
amount.
Sec. 135.313. ADMINISTRATIVE PROCEDURE. A proceeding to
impose the penalty is considered to be a contested case under
Chapter 2001, Government Code.
[Sections 135.314-135.350 reserved for expansion]
SUBCHAPTER H. RECLAMATION ACCOUNT
Sec. 135.351. TEXAS STRUCTURAL CLAY AND BRICK RAW MATERIALS
SAFETY AND RECLAMATION ACCOUNT. (a) The Texas structural clay and
brick raw materials safety and reclamation account is an account in
the general revenue fund that may be appropriated only for the
purpose of undertaking corrective or enforcement action under this
chapter.
(b) The commission shall deposit the amount recovered on a
bond or alternate form of financial security as required by
Subchapter D or an administrative penalty collected under
Subchapter G to the credit of the Texas structural clay and brick
raw materials safety and reclamation account.
SECTION 2. (a) This Act takes effect September 1, 2005.
(b) Not later than March 1, 2006, the Railroad Commission of
Texas shall adopt rules as necessary to implement this Act.
(c) Notwithstanding Section 135.101, Natural Resources
Code, as added by this Act, an operator may begin conducting a
structural clay and brick raw materials extraction operation in
this state on or after the effective date of this Act and before the
Railroad Commission of Texas adopts rules as provided by Subsection
(b) of this section without obtaining a certificate of registration
for that operation from the commission under Chapter 135, Natural
Resources Code, as added by this Act. Not later than 120 days after
the commission adopts rules, an operator described by this
subsection must file an application for a certificate of
registration under Section 135.102, Natural Resources Code, as
added by this Act. An operator who files an application accompanied
by a reclamation plan may continue conducting the operation under
this subsection until the commission approves or denies the
application.