BILL ANALYSIS

 

 

                                                                                                                                           H.B. 2231

                                                                                                                                 By: Corte, Frank

                                                                                                                               Energy Resources

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

The Railroad Commission administers an abandoned mine land reclamation program that uses federal funds to reclaim eligible abandoned mine lands.  Currently, the Texas Surface Coal Mining and Reclamation Act, requires that in order for an owner of surface land to be exempt from a reclamation lien, they must have owned the property prior to May 2, 1977.  This bill will eliminate the requirement of ownership before this date to be eligible for a lien exemption and would result in the State statute mirroring current federal law.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

This bill amends the Natural Resources Code by removing language which states that a lien may not be field against the property of a person who owned the surface before May 2, 1977.  This bill also clarifies that the change in law made by this Act applies only to a project to reclaim privately owned land that is completed on or after December 20, 2006.

 

EFFECTIVE DATE

 

Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2007.