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A BILL TO BE ENTITLED
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AN ACT
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relating to the appeal of certain decisions concerning mining |
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leases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle D, Title 2, Civil Practice and Remedies |
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Code, is amended by adding Chapter 53 to read as follows: |
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CHAPTER 53. APPEAL OF CERTAIN DECISIONS |
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Sec. 53.001. APPEAL OF CERTAIN DECISIONS CONCERNING MINING |
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LEASES. (a) This section applies to a civil action on a dispute |
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between the lessee of a mining lease and the owner of a surface |
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estate burdened by the mining lease if the dispute concerns a mining |
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lease agreement entered into at least 20 years before the date the |
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action is commenced. |
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(b) If the lessee of a mining lease described by Subsection |
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(a) prevails in an action described by that subsection, the owner of |
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the surface estate is entitled to an injunction restraining the |
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lessee from proceeding with any activity under the trial court's |
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decision pending the owner's appeal of the decision if allowing the |
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lessee to proceed under the decision would lead to irreparable |
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damage to the surface estate. |
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(c) An appeal by the owner of the surface estate under this |
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section is an accelerated appeal for purposes of the Texas Rules of |
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Appellate Procedure. |
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SECTION 2. The change in law made by this Act applies only |
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to a civil action commenced on or after the effective date of this |
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Act. |
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SECTION 3. This Act takes effect September 1, 2019. |