By: Averitt  S.B. No. 1666
         (In the Senate - Filed March 8, 2007; March 21, 2007, read
  first time and referred to Committee on Natural Resources;
  April 4, 2007, reported favorably by the following vote:  Yeas 11,
  Nays 0; April 4, 2007, sent to printer.)
 
 
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.
 
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