By: Averitt S.B. No. 1666
 
 
 
   
 
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the Railroad Commission of Texas to
file a lien on certain land adversely affected by past mining
practices and reclaimed by the commission.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subsection (c), Section 134.150, Natural
Resources Code, is amended to read as follows:
       (c)  A lien may not be filed under this section against the
property of a person who[:
             [(1)owned the surface before May 2, 1977; and
             [(2)]  did not consent to, participate in, or exercise
control over the mining operation that necessitated the reclamation
performed under this chapter.
       SECTION 2.  The change in law made by this Act applies only
to a project to reclaim privately owned land under Subchapter G,
Chapter 134, Natural Resources Code, that is completed on or after
December 20, 2006. A project to reclaim privately owned land under
Subchapter G, Chapter 134, Natural Resources Code, that was
completed before December 20, 2006, is governed by the law in effect
on the date the project to reclaim the privately owned land was
completed, and the former law is continued in effect for that
purpose.
       SECTION 3.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.