Texas Natural Resources Code Title 4, Chapter 131 - Uranium Surface Mining And Reclamation Act

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 131.001 - Short Title
  This chapter may be cited as the Texas Uranium Exploration, Surface Mining, and Reclamation Act. Acts 1977, 65th Leg., p. 2607, ch. 871, art. I,...
• Texas Section 131.002 - Declaration Of Policy
  The legislature finds and declares that: (1) the extraction of minerals by surface mining operations is a basic and essential activity making an important contribution...
• Texas Section 131.003 - Purposes
  It is declared to be the purpose of this chapter: (1) to prevent the adverse effects to society and the environment resulting from unregulated surface...
• Texas Section 131.004 - Definitions
  In this chapter: (1) "Minerals" means uranium and uranium ore. (2) "Surface mining" means the mining of minerals by removing the overburden lying above the...
• Texas Section 131.005 - Reclamation
  (a) The basic objective of reclamation is to reestablish on a continuing basis, where required, vegetation and other natural conditions consistent with the anticipated subsequent...

SUBCHAPTER B POWERS AND DUTIES OF THE COMMISSION

• Texas Section 131.006 - Exclusions And Exemptions
  The provisions of this chapter do not apply to the following: (1) surface mining operations conducted on public land regulated by the General Land Office...
• Texas Section 131.021 - General Authority Of Commission
  In seeking to accomplish the purposes of this chapter, the commission shall have the authority: (1) to adopt and amend rules pertaining to exploration, surface...
• Texas Section 131.022 - Jurisdiction Of Commission
  (a) The commission is the mining and reclamation authority for the State of Texas and has exclusive jurisdiction for establishing reclamation requirements for mining and...
• Texas Section 131.023 - Commission Procedure
  The commission shall seek the accomplishment of the purposes of this chapter by all practicable methods. Acts 1977, 65th Leg., p. 2611, ch. 871, art....
• Texas Section 131.024 - Compliance With Federal Surface Mining Laws
  (a) On passage of federal surface mining legislation, the commission shall take actions necessary to establish the exclusive jurisdiction of this state over the regulation...
• Texas Section 131.025 - Hearing Procedure
  At a hearing under this chapter, the commission may: (1) administer oaths or affirmations; (2) subpoena witnesses and compel their attendance; (3) take evidence; and...
• Texas Section 131.033 - Differing Terms And Provisions Of Rules
  A rule or an amendment of a rule adopted by the commission may differ in its terms and provisions between particular conditions, particular mining techniques,...
• Texas Section 131.034 - Exploration Activities
  The commission shall promulgate rules governing uranium exploration activity. Acts 1977, 65th Leg., p. 2613, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977....
• Texas Section 131.035 - Rules Designating Unsuitable Land
  (a) The commission shall develop rules that adopt appropriate procedures for identifying and designating land in this state as unsuitable for all or certain types...
• Texas Section 131.036 - Survey Of Land
  (a) When application is made to conduct surface mining operations and before a permit is issued, the commission shall immediately have the areas to be...
• Texas Section 131.037 - Commission Statement
  Before designating a land area as unsuitable for surface mining operations, the commission shall prepare a detailed statement on the potential mineral and other resources...
• Texas Section 131.038 - Reasons For Unsuitable Designation
  After the survey is made, an area may be designated unsuitable for all or certain types of surface mining if: (1) the commission determines that...
• Texas Section 131.039 - Petition And Hearing On Designation
  (a) Any person is entitled to petition the commission to have an area designated as unsuitable for surface mining operations or to have the designation...
• Texas Section 131.040 - Modifying, Amending, And Terminating Designations
  The commission may modify, amend, or terminate a designation pursuant to the requirements of Sections 131.035 through 131.039 of this code. Acts 1977, 65th Leg.,...
• Texas Section 131.041 - Applicability Of Subchapter
  The provisions of Sections 131.035 through 131.040 of this code do not apply to land on which surface mining operations were being conducted on June...
• Texas Section 131.042 - Records, Reports, Monitoring Equipment, And Information
  The commission shall require each permittee to: (1) establish and maintain appropriate records; (2) make reports as frequently as the commission may prescribe; (3) install,...
• Texas Section 131.043 - Inspection By Commission
  Without advance notice and on presentation of appropriate credentials to the operation supervisor, if present, the authorized representatives of the commission are entitled to enter...
• Texas Section 131.044 - Time And Procedures For Inspections
  (a) The inspections by the commission shall occur on an irregular basis at a frequency necessary to insure compliance with the intent and purposes of...
• Texas Section 131.045 - Sign
  Each permittee shall maintain at the entrances to the surface mining and reclamation operations a clearly visible sign that sets forth the name, business address,...
• Texas Section 131.046 - Procedure On Detection Of Violation
  On detection of each violation of a requirement of this chapter, each inspector shall inform the operator of the violation orally at the time of...
• Texas Section 131.047 - Judicial Review
  (a) Any party to the administrative proceedings whose interest is or may be adversely affected by a ruling, order, decision, or other act of the...
• Texas Section 131.048 - Confidentiality
  Information submitted to the commission concerning mineral deposits, including test borings, core samplings, geophysical logs, or trade secrets or privileged commercial or financial information relating...

SUBCHAPTER C PLANS AND STANDARDS

• Texas Section 131.049 - Temporary Orders Prior To Notice And Hearing
  (a) The commission may issue temporary orders relating to a surface mining operation without notice and hearing, or with the notice and hearing as the...
• Texas Section 131.101 - Reclamation Plan
  (a) A reclamation plan shall be developed in a manner consistent with local, physical, environmental, and climatological conditions and current mining and reclamation technologies. (b)...

SUBCHAPTER D SURFACE MINING PERMITS

• Texas Section 131.102 - Reclamation Standards
  (a) A permit issued under this chapter to conduct surface mining operations shall require that the surface mining operations meet all applicable reclamation standards of...
• Texas Section 131.131 - Permit Required For Operation
  (a) No person shall conduct a surface mining operation unless he first obtains a surface mining permit issued by the commission under this subchapter; provided,...
• Texas Section 131.132 - Form Of Permit Application
  On application to the commission for a surface mining permit, an operator shall submit three copies of a permit application on a form prescribed by...
• Texas Section 131.133 - Required Information
  The permit application shall include information concerning: (1) the name, address, ownership, and management officers of the permit applicant and affiliated persons engaged in surface...
• Texas Section 131.134 - Documents To Be Included With Application
  An applicant shall include with his permit application a copy of a reclamation plan prepared as provided in Section 131.101 of this code and a...
• Texas Section 131.135 - Application Fees
  (a) Each application for a surface mining permit shall be accompanied by an initial application fee as determined by the commission in accordance with a...
• Texas Section 131.136 - Amendment To Permit Application
  A permit application may be amended to exclude the part of an operation that lies within an area designated as unsuitable for surface mining under...
• Texas Section 131.137 - Combined Permit Application
  (a) The commission shall adopt rules permitting an operator of more than one noncontiguous surface mining operation to submit a single application for a combined...
• Texas Section 131.138 - Filing Application With County Clerk
  After deleting confidential information as provided in Section 131.048 of this code, the commission shall file for public inspection with the county clerk at the...
• Texas Section 131.139 - Submission Of Application To Agencies For Comment
  (a) The commission immediately shall submit copies of the permit application to the Parks and Wildlife Department, Texas Natural Resource Conservation Commission, General Land Office,...
• Texas Section 131.140 - Approval Of Permit
  (a) The commission shall grant a surface mining permit if it is established that the permit application complies with the requirements of this chapter and...
• Texas Section 131.141 - Denial Of A Permit
  The commission shall deny a permit if: (1) it finds that the reclamation as required by this chapter cannot be accomplished by means of the...
• Texas Section 131.142 - Term And Transferability Of Permit
  (a) A surface mining permit issued under this chapter for uranium and uranium ore shall be issued for a term of not more than 10...
• Texas Section 131.143 - Liability Insurance Policy
  (a) After a permit application is approved but before the permit is issued, the applicant shall file a certificate of insurance certifying that the applicant...
• Texas Section 131.144 - Rules For Revision, Transfer, And Renewal Of Permits
  The commission shall promulgate rules for renewal, revision, and transfer of surface mining permits. Acts 1977, 65th Leg., p. 2623, ch. 871, art. I, Sec....
• Texas Section 131.145 - Right To Renewal
  A valid surface mining permit issued under this chapter carries with it the right of successive renewal on expiration with respect to area within the...
• Texas Section 131.146 - Application For And Issuance Of Renewal
  The holder of a permit may apply for renewal and the renewal shall be issued on the basis of the following requirements and written findings...
• Texas Section 131.147 - Renewal Application Fee
  (a) Each application for renewal of a surface mining permit shall be accompanied by a renewal application fee as determined by the commission in accordance...
• Texas Section 131.148 - Extension Of Permit Coverage
  If an application for renewal of a valid permit includes a proposal to extend the mining operation beyond the boundaries authorized in the existing permit,...
• Texas Section 131.149 - Term Of Renewal Permit
  A surface mining permit renewal shall be for a term not to exceed the period of the original permit established under this chapter. Acts 1977,...
• Texas Section 131.150 - Time Limit For Renewal Application
  Application for permit renewal shall be made at least 90 days before the expiration of the valid permit. Acts 1977, 65th Leg., p. 2623, ch....
• Texas Section 131.151 - Revision Of Permit
  During the term of a surface mining permit, the permittee may submit an application, together with a revised reclamation plan, to the commission for a...
• Texas Section 131.152 - Approval Or Disapproval Of Permit Revision
  No application for a revision of a permit may be approved unless the commission finds that reclamation as required under this chapter can be accomplished...
• Texas Section 131.153 - Guidelines For Revision
  (a) The commission shall establish by rule guidelines for a determination of the scale or extent of a revision request to which all permit application...
• Texas Section 131.154 - Extensions To Area
  Except for incidental boundary revisions, an extension to the area covered by a permit must be made by application for another permit or for revision...
• Texas Section 131.155 - Transfer Of Permit
  (a) No transfer, assignment, or sale of the rights granted under a permit issued under this chapter shall be made without the written approval of...
• Texas Section 131.156 - Required Information For Transfer
  As part of the information for transfer, the commission shall require: (1) the information required by Subdivisions (1) and (4) of Section 131.133 of this...
• Texas Section 131.157 - Approval Of Transfer
  After notice and an opportunity for a public hearing, if required under Sections 131.159 and 131.163 of this code, and on a written finding by...
• Texas Section 131.158 - Denial Of Application For Transfer
  An application for transfer shall be denied if the applicant has had a permit issued under this chapter revoked or a bond posted to comply...
• Texas Section 131.159 - Notice By Applicant
  (a) At the time an application for a surface mining permit or an application for revision, renewal, or transfer of an existing surface mining permit...
• Texas Section 131.160 - Notification By Commission
  The commission shall contact various local governmental bodies, planning agencies, sewage, and water treatment authorities or water companies that have jurisdiction over or in the...
• Texas Section 131.161 - Comments
  (a) Within 30 days after the last publication as provided in Section 131.159 of this code, each local body, agency, authority, or company may submit...
• Texas Section 131.162 - Written Objections
  (a) Within 30 days after the last publication of notice under Section 131.159 of this code, a person affected or a federal, state, or local...
• Texas Section 131.163 - Notice And Public Hearing
  (a) If the commission determines that the application for a surface mining permit is of a significance sufficient to warrant a public hearing, the commission...

SUBCHAPTER E BONDS AND DEPOSITS

• Texas Section 131.165 - Procedure
  The commission shall comply with the Administrative Procedure and Texas Register Act in all proceedings under this chapter except where inconsistent with this chapter. Acts...
• Texas Section 131.201 - Performance Bond Requirement
  (a) After a surface mining permit application has been approved but before the permit is issued, the applicant shall file with the commission, on a...
• Texas Section 131.202 - Amount Of Performance Bond
  (a) The amount of the bond required for each bonded area depends on the reclamation requirements of the approved permit and shall be determined by...
• Texas Section 131.203 - Bond Without Surety
  The commission may accept the bond of the operator itself, without separate surety, if the operator demonstrates to the satisfaction of the commission the existence...
• Texas Section 131.204 - Extent Of Liability Under Bond
  Liability under the bond shall be for the duration of surface mining and reclamation operations and for a period coincident with the operator's responsibility pursuant...
• Texas Section 131.205 - Security For Bond
  (a) The bond shall be executed by the operator and a corporate surety licensed to do business in this state, or the operator may elect...
• Texas Section 131.206 - Increase Or Decrease Of Bond
  (a) The amount of the bond or deposit required and the terms of acceptance of the applicant's bond or substitute collateral may be increased or...
• Texas Section 131.207 - Forfeiture Of Operator's Performance Bond
  On issuance of a final order revoking an operator's permit for failure to comply with an order of the commission to take action as required...
• Texas Section 131.208 - Application For Release Of Performance Bond Or Deposit
  (a) At any time, an operator may file an application with the commission for the release of all or part of the performance bond or...
• Texas Section 131.209 - Notice
  (a) The operator shall submit a copy of a notice that has been published once a week for four consecutive weeks in the newspaper of...
• Texas Section 131.210 - Inspection And Evaluation
  (a) On receipt of the notice and request, the commission shall conduct an inspection and evaluation of the reclamation work involved, the inspection and evaluation...
• Texas Section 131.211 - Basis For Release Of Bond Or Deposit
  The commission may release in whole or part the bond or deposit if it is satisfied that reclamation covered by the bond or deposit or...
• Texas Section 131.212 - Disapproval Of Application For Bond Or Deposit Release
  If the commission disapproves the application for release of the bond or deposit or a portion of the bond or deposit, it shall notify the...
• Texas Section 131.213 - Notice Of Release To Local Governmental Agency
  Within 30 days after an application for total or partial bond or deposit release is filed with the commission, the commission shall notify the local...

SUBCHAPTER F FUNDS

• Texas Section 131.214 - Objections To Release
  (a) Any person or the officer or head of a federal, state, or local governmental agency is entitled to file written objections to the proposed...
• Texas Section 131.231 - Land Reclamation Fund
  (a) Money received through the payment of fees, loans, grants, gifts, penalties, bond forfeitures, and other money received by the commission shall be deposited in...
• Texas Section 131.232 - Appropriation
  Money for the operation of the commission under this chapter shall be appropriated by the legislature. Acts 1977, 65th Leg., p. 2630, ch. 871, art....
• Texas Section 131.233 - Use Of Proceeds From Bond Forfeitures And Penalties
  Proceeds from the forfeiture of bonds and penalties recovered shall be spent to reclaim land as provided in this chapter with respect to which the...

SUBCHAPTER G ENFORCEMENT

• Texas Section 131.234 - Reclamation Of Land
  (a) In the reclamation of land affected by surface mining for which funds are available, the commission may use services of other state agencies or...
• Texas Section 131.261 - Conditions, Practices, And Violations Creating Imminent Danger Or Causing Imminent Harm
  (a) On the basis of any inspection, if the commission or its authorized representative or agent determines that a condition or practice exists or that...
• Texas Section 131.262 - Violations Not Creating Imminent Danger Or Causing Imminent Harm
  (a) On the basis of an inspection, if the commission or its authorized representative or agent determines that a permittee is in violation of a...
• Texas Section 131.263 - Continuous Violations
  (a) On the basis of an inspection, if the commission has reason to believe that a pattern of violations of any requirements of this chapter...
• Texas Section 131.264 - Form Of Notices And Orders
  (a) Notices and orders issued under Sections 131.261 through 131.263 of this code shall set forth with reasonable specificity: (1) the nature of the violation...
• Texas Section 131.265 - Civil Actions
  (a) The commission may request the attorney general to institute a civil action for relief, including a permanent or temporary injunction, restraining order, or other...
• Texas Section 131.266 - Injunctive Relief And Civil Penalty
  (a) The commission may have a civil suit instituted for injunctive relief to restrain a permittee from continuing a violation or threatening a violation or...
• Texas Section 131.2661 - Administrative Penalty
  (a) If a person violates a permit of this chapter and the violation results in pollution of the air or water of this state or...
• Texas Section 131.2662 - Penalty Assessment Procedure
  (a) A civil penalty may be assessed only after the person charged with a violation described under Section 131.2661 of this code has been given...
• Texas Section 131.2663 - Payment Of Penalty; Refund
  (a) On the issuance of notice or an order finding that a violation has occurred, the commission shall inform the person charged within 30 days...
• Texas Section 131.2664 - Recovery Of Penalty
  Civil penalties owed under Sections 131.2661-131.2663 of this code may be recovered in a civil action brought by the attorney general at the request of...
• Texas Section 131.267 - Criminal Penalty For Violating Permits And Orders
  A person who wilfully and knowingly violates a condition of a permit issued under this chapter or fails or refuses to comply with an order...
• Texas Section 131.268 - Criminal Penalty For Corporate Permittee
  If a corporate permittee violates a condition of a permit issued under this chapter or fails or refuses to comply with an order issued under...
• Texas Section 131.269 - Criminal Penalty For False Statement, Representation, Or Certification
  A person who knowingly makes a false statement, representation, or certification or who knowingly fails to make a statement, representation, or certification in an application,...

SUBCHAPTER H DISCHARGES

• Texas Section 131.270 - Recovery Of Civil Penalties
  (a) The commission may request the attorney general to institute a suit to recover civil or criminal penalties or to obtain injunctive relief or for...
• Texas Section 131.301 - Discharge Rules, Orders, And Permits
  To prevent the pollution of surface and subsurface water in the state, the commission has the exclusive authority to adopt rules and may issue orders...
• Texas Section 131.302 - Access To Property And Records
  Members and employees of the commission, on proper identification, may enter public or private property to inspect and investigate conditions associated with any uranium exploration...
• Texas Section 131.303 - Injunctive Relief And Civil Penalty
  If a person violates or threatens to violate a rule, order, or permit issued by the commission under this subchapter, the commission may request the...
• Texas Section 131.304 - Administrative Penalty
  A person who violates a rule, order, or permit issued by the commission under this subchapter may be assessed a civil penalty by the commission....

SUBCHAPTER I PERMITS FOR EXPLORATION ACTIVITIES

• Texas Section 131.305 - Criminal Penalty
  A person who knowingly, willfully, or with criminal negligence violates a rule, order, or permit issued by the commission under this subchapter commits an offense...
• Texas Section 131.351 - Applicability Of Subchapter
  (a) If this subchapter conflicts with other law, this subchapter controls. (b) Sections 131.037, 131.038, 131.039, 131.040, 131.041, 131.042, 131.043, 131.044, and 131.045 do not...
• Texas Section 131.352 - Exploration Permits
  (a) A person may not conduct exploration activity unless the person holds an exploration permit issued by the commission. (b) An exploration permit issued by...
• Texas Section 131.353 - Scope Of Exploration Permit
  (a) An exploration permit may govern all activities associated with determining the location, quantity, or quality of uranium deposits. (b) An exploration permit must contain...
• Texas Section 131.354 - Commission Jurisdiction
  (a) The commission has jurisdiction over uranium exploration holes and cased exploration wells completed under an exploration permit issued under this subchapter until: (1) exploration...
• Texas Section 131.355 - Application Fees
  (a) The commission may impose an application fee to recover the costs of administering this subchapter. (b) Section 131.231 does not apply to a fee...
• Texas Section 131.356 - Notification By Commission
  (a) At the time the commission receives an application for an exploration permit, the commission shall provide written notice of the exploration permit application to:...
• Texas Section 131.357 - Geologic, Hydrologic, Water Quality, And Well Information
  (a) A person issued an exploration permit under this subchapter that authorizes exploration in a groundwater conservation district shall provide to the district: (1) pre-exploration...

Last modified: September 28, 2016