BILL ANALYSIS

 

 

                                                                                                                                            S.B. 1666

                                                                                                                                          By: Averitt

                                                                                                                               Energy Resources

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

The Railroad Commission of Texas administers an abandoned mine land reclamation program that uses federal funds to reclaim eligible abandoned mine lands.  Currently, the Surface Coal Mining and Reclamation Act provides that reclaimed property of a person who owned the surface before May 2, 1977, is exempt from a reclamation lien. 

 

This bill eliminates the requirement of ownership before May 2, 1977, to be eligible for a lien exemption to make the state statue consistent with 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 deleting existing language prohibiting a lien from being filed under this section against the property of a person who owned the surface before May 2, 1977.  This bill makes application of this Act retroactive to December 20, 2006.

 

EFFECTIVE DATE

 

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