Amend CSHB 3837 (House Committee Printing) by adding the
following appropriately numbered SECTIONS to the bill and
renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 131.261(a), Natural Resources Code,
is amended to read as follows:
(a) On the basis of any inspection, if the commission or its
authorized representative or agent determines that a condition or
practice exists or that a permittee is in violation of a requirement
of this chapter or a permit condition required by this chapter, and
that this condition, practice, or violation also creates an
imminent danger to the health or safety of the public or is causing
or can reasonably be expected to cause significant imminent harm to
land, air, or water resources, a member of the commission shall
immediately order a cessation of exploration or surface mining
operations on the portion of the area relevant to the condition,
practice, or violation.
SECTION ____. Sections 131.262(a) and (b), Natural
Resources Code, are amended to read as follows:
(a) On the basis of an inspection, if the commission or its
authorized representative or agent determines that a permittee is
in violation of a requirement of this chapter or a permit condition
required by this chapter, but the violation does not create an
imminent danger to the health or safety of the public or is not
causing or reasonably expected to cause significant imminent harm
to land, air, or water resources, the commission shall issue a
notice to the permittee or the permittee's [his] agent setting a
reasonable time not to exceed 30 days for the abatement of the
violation. The commission may authorize an extension of the period
of time for the abatement of the violation, for good cause as
determined by a written finding by the commission. If the violation
pertains to exploration activities, the commission may not
authorize an extension of the period of time for the abatement of
the violation to a date later than the 60th day after the date the
commission issued the notice to the permittee.
(b) If, on expiration of the period of time as originally
set or subsequently extended, [for good cause shown, and on written
finding of the commission,] the commission finds that the violation
has not been abated, it may order a cessation of exploration or
surface mining operations on the portion of this area relevant to
the violation. However, if requested by the operator, a hearing
must be held prior to a commission finding or order.