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Texas Natural Resources Code - Section 134.022. Prohibition On Surface Coal Mining In Certain Areas

Legal Research Home > Texas Laws > Natural Resources Code > Texas Natural Resources Code - Section 134.022. Prohibition On Surface Coal Mining In Certain Areas

§ 134.022. PROHIBITION ON SURFACE COAL MINING IN CERTAIN 
AREAS.  (a) Surface coal mining operations may not be permitted:
		(1)  that will adversely affect a publicly owned park 
or place included in the National Register of Historic Sites unless 
approved jointly by the commission and the federal, state, or local 
agency with jurisdiction over the park or historic site;
		(2)  within 100 feet of the outside right-of-way line 
of a public road, except:
			(A)  where a mine access road or haulage road 
joins the right-of-way line;  or
			(B)  as provided by Subsection (b);                                          
		(3)  within 300 feet of an occupied dwelling, unless 
the owner of the dwelling waives the prohibition;
		(4)  within 300 feet of a public, school, church, 
community, or institutional building;
		(5)  within 300 feet of a public park;  or                                    
		(6)  within 100 feet of a cemetery.                                           
	(b)  The commission may permit a public road to be relocated 
or the area affected by surface coal mining operations to lie within 
100 feet of the outside right-of-way line of the public road if, 
after public notice and opportunity for public hearing in the 
locality, a written finding is made that the interests of the public 
and the landowners affected by the relocation will be protected.
	(c)  This section is subject to rights existing on August 3, 
1977, and does not affect surface coal mining operations that 
existed on August 3, 1977.

Added by Acts 1995, 74th Leg., ch. 76, § 12.02(a), eff. Sept. 1, 
1995.  Amended by Acts 1997, 75th Leg., ch. 165, § 25.01(e), eff. 
Sept. 1, 1997.

Last modified: August 11, 2007