BILL ANALYSIS

 

 

                                                                                                                                            S.B. 1667

                                                                                                                                          By: Averitt

                                                                                                                               Energy Resources

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Current law sets the maximum penalty fee for a violation of a mining permit at $5,000.  The Railroad Commission of Texas recommends increasing the maximum penalty for a violation of the Texas Surface Coal Mining and Reclamation Act to reflect the impact of inflation since the fee was established in the 1970s.

 

This bill increases the maximum penalty from $5,000 to $10,000 for a violation of coal mining and reclamation operations or underground mining operations permit.

 

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, so that a penalty for each violation under this chapter may not exceed $10,000.  This bill strikes the $5,000 penalty amount as is set in current law.  This bill clarifies that this Act does not apply to violations which occurred prior to the effective date of this Act.

 

EFFECTIVE DATE

 

September 1, 2007.