Texas Natural Resources Code Title 4, Chapter 134 - Texas Surface Coal Mining And Reclamation Act

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 134.001 - Short Title
  This chapter may be cited as the Texas Surface Coal Mining and Reclamation Act. Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff....
• Texas Section 134.002 - Findings And Declaration Of Policy
  The legislature finds and declares that: (1) the Congress of the United States has enacted the federal Act, which provides for the establishment of a...
• Texas Section 134.003 - Purposes
  It is the purpose of this chapter: (1) to prevent adverse effects to society and the environment from unregulated surface coal mining operations as defined...
• Texas Section 134.004 - Definitions
  In this chapter: (1) "Affected person" means a person having an interest that is or may be affected. (2) "Alluvial valley floors" means the unconsolidated...
• Texas Section 134.005 - Exemptions
  (a) This chapter does not apply to the extraction of coal: (1) by a landowner for the landowner's own noncommercial use from land owned or...
• Texas Section 134.006 - Water Rights
  This chapter does not affect the right of a person under other law to enforce or protect the person's interest in water resources affected by...
• Texas Section 134.007 - Conflict Of Interest; Offense
  (a) An employee of the commission commits an offense if the employee knowingly: (1) performs a function or duty under this chapter; and (2) has...

SUBCHAPTER B POWERS AND DUTIES OF COMMISSION

• Texas Section 134.008 - Applicability To Governmental Units
  An agency, unit, or instrumentality of federal, state, or local government, including a publicly owned utility or publicly owned corporation of federal, state, or local...
• Texas Section 134.011 - General Authority Of Commission
  To accomplish the purposes of this chapter, the commission may: (1) adopt, amend, and enforce rules pertaining to surface coal mining and reclamation operations consistent...
• Texas Section 134.012 - Jurisdiction Of Commission Over Surface Coal, Iron Ore, And Iron Ore Gravel Mining And Reclamation Operations
  (a) The commission has exclusive jurisdiction over: (1) surface coal mining and reclamation operations in this state; and (2) iron ore and iron ore gravel...
• Texas Section 134.013 - Rulemaking And Permitting
  (a) The commission shall adopt rules pertaining to surface coal mining and reclamation operations required by this chapter. (b) The process of making and amending...
• Texas Section 134.014 - Coal Exploration Operations
  (a) A person who conducts coal exploration operations that substantially disturb the natural land surface shall comply with commission rules adopted to govern those operations....
• Texas Section 134.015 - Surface Effects Of Underground Mining
  (a) The commission shall adopt rules applicable to the surface effects of underground mining that are consistent with the federal Act and regulations adopted under...
• Texas Section 134.016 - Development Of Process For Designating Areas Unsuitable For Surface Coal Mining
  The commission shall develop a process for designating areas unsuitable for surface coal mining. The process shall include: (1) reviewing surface coal mining land; (2)...
• Texas Section 134.017 - Petition For Designation
  (a) An affected person is entitled: (1) before an application is filed under Section 134.052, to petition the commission to designate an area unsuitable for...
• Texas Section 134.018 - Hearing On Designation
  (a) Not later than 10 months after the date the commission receives the petition, the commission shall hold a public hearing under Chapter 2001, Government...
• Texas Section 134.019 - Commission Statement
  Before designating a land area unsuitable for surface coal mining operations, the commission shall prepare a detailed statement on: (1) the potential coal resources of...
• Texas Section 134.020 - Designation Of Area As Unsuitable For Surface Coal Mining
  (a) On petition under Section 134.017, the commission shall designate an area unsuitable for all or certain types of surface coal mining operations if the...
• Texas Section 134.021 - Integration With Land Use Planning And Regulation Processes
  Determinations of the unsuitability of land for surface coal mining under Sections 134.016 through 134.020 shall be integrated as closely as possible with present and...
• Texas Section 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...
• Texas Section 134.023 - Cooperative Agreements With Federal Government
  The commission may enter into cooperative agreements with the federal government under the federal Act. Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a),...
• Texas Section 134.024 - Experimental Practices
  (a) The commission, with approval by the secretary of agriculture, may authorize experimental departures, in individual cases, from the environmental protection performance standards of this...
• Texas Section 134.025 - Certification Of Blasters
  The commission shall adopt rules requiring the training, examination, and certification of persons engaging in or directly responsible for blasting or the use of explosives...
• Texas Section 134.026 - Monitoring, Reporting, And Inspections
  (a) The commission shall: (1) require monitoring and reporting; (2) inspect surface coal mining and reclamation operations; (3) require the maintenance of signs and markers;...
• Texas Section 134.027 - Monitoring Of Operations That Affect Aquifers
  For surface coal mining and reclamation operations that remove or disturb strata that serve as aquifers that significantly ensure the hydrologic balance of water use...
• Texas Section 134.028 - Inspection Procedure
  Inspections by the commission shall: (1) occur irregularly, averaging not fewer than one partial inspection each month and one complete inspection each calendar quarter for...
• Texas Section 134.029 - Procedure On Detection Of Violation
  On detection of a violation of this chapter, an inspector, in writing, shall: (1) promptly inform the operator; and (2) report the violation to the...
• Texas Section 134.030 - Rules Regarding Monitoring, Reporting, And Inspections
  The commission shall adopt rules for: (1) informing an operator of a violation detected by an inspector; and (2) making public all inspection and monitoring...
• Texas Section 134.031 - Confidentiality
  (a) Information pertaining to coal seams, test borings, core samplings, or soil samples required by Section 134.052 shall be made available to an affected person....

SUBCHAPTER C PLANS

• Texas Section 134.032 - Determination Regarding Prime Farmland
  The commission may determine that land is not prime farmland because of its soil type or slope. Added by Acts 1995, 74th Leg., ch. 76,...
• Texas Section 134.041 - Reclamation Plan
  A reclamation plan submitted as part of a permit application shall include, in sufficient detail to demonstrate that reclamation required by this chapter can be...

SUBCHAPTER D SURFACE COAL MINING PERMITS

• Texas Section 134.042 - Blasting Plan
  An applicant for a surface coal mining and reclamation permit shall submit to the commission as part of its application a blasting plan that outlines...
• Texas Section 134.051 - Permit Required For Operation
  A person may not conduct a surface coal mining operation in this state without first obtaining a permit for that operation from the commission under...
• Texas Section 134.052 - Contents Of Permit Application
  (a) A permit application must be submitted in a manner satisfactory to the commission and must contain: (1) the name and address of: (A) the...
• Texas Section 134.053 - Liability Insurance Policy
  (a) The public liability insurance policy required by Section 134.052(a)(19) shall provide for personal injury and property damage protection in an amount adequate to compensate...
• Texas Section 134.054 - Application Fees
  (a) An application for a surface mining permit or for renewal or revision of a surface mining permit must be accompanied by an application fee...
• Texas Section 134.055 - Annual Fees
  (a) In addition to the application fees required by Section 134.054, each permit holder shall pay to the commission the following annual fees: (1) a...
• Texas Section 134.056 - Small Mine Exemption
  The commission shall designate a qualified public or private laboratory to prepare the determination of probable hydrologic consequences and statement of the results of test...
• Texas Section 134.057 - Public Inspection Of Application
  (a) An applicant for a surface coal mining and reclamation permit shall file a copy of the application for public inspection with the county clerk...
• Texas Section 134.058 - Notice By Applicant
  At the time the applicant submits an application for a surface coal mining and reclamation permit or renewal of an existing permit, the applicant shall...
• Texas Section 134.059 - Notification By Commission
  (a) The commission shall notify local governmental bodies, planning agencies, and sewage and water treatment authorities in the locality of a proposed surface coal mining...
• Texas Section 134.060 - Comments
  (a) During a period established by the commission, a local body, agency, authority, or company described by Section 134.059 may submit written comments on the...
• Texas Section 134.061 - Written Objections
  (a) Not later than the 30th day after the date of the last publication of notice under Section 134.058, an affected person or a federal,...
• Texas Section 134.062 - Request For Public Hearing; Notice
  (a) Not later than the 45th day after the date of the last publication of notice under Section 134.058, the applicant or an affected person...
• Texas Section 134.063 - Notice Of Approval Or Denial
  The commission shall notify the applicant and any objector that the permit application has been approved or denied: (1) within the time provided by Chapter...
• Texas Section 134.064 - Procedure
  Chapter 2001, Government Code, applies to a permit application under this chapter. Notice of hearing and appeal is governed by that chapter, except as provided...
• Texas Section 134.065 - Permit Approval Or Denial
  (a) On the basis of a complete application for a surface coal mining and reclamation permit or a revision or renewal of a permit, as...
• Texas Section 134.066 - Written Findings Required
  (a) The commission may not approve an application for a permit or a permit revision unless it finds, in writing, using the information in the...
• Texas Section 134.067 - Determination Of Ownership
  If the ownership of the coal has been severed from the private surface estate by a conveyance that does not expressly grant the right to...
• Texas Section 134.068 - Schedule Of Notices Of Violations
  (a) The applicant shall file with the application a schedule listing any notices of violations of this chapter, the federal Act, a federal regulation or...
• Texas Section 134.069 - Effect Of Past Or Present Violation
  (a) If the schedule under Section 134.068 or other information available to the commission indicates that a surface coal mining operation owned or controlled by...
• Texas Section 134.070 - Permit For Mining On Prime Farmland
  (a) After consulting with the secretary of agriculture and under regulations issued under the federal Act by the secretary of the interior with the concurrence...
• Texas Section 134.071 - Term
  (a) A permit is issued for a term not to exceed five years. (b) The commission may grant a permit for a specified longer term...
• Texas Section 134.072 - Termination On Failure To Begin Operations
  (a) A permit terminates if the permit holder has not begun the surface coal mining operation covered by the permit on or before the third...
• Texas Section 134.073 - Successor In Interest
  A successor in interest to a permit holder may continue the surface coal mining and reclamation plan of the original permit holder until the successor's...
• Texas Section 134.074 - Right To Renewal
  A permit issued under this chapter carries with it the right of successive renewal on expiration for areas within the boundaries of the existing permit....
• Texas Section 134.075 - Application For And Issuance Of Renewal
  (a) A permit holder may apply for renewal. (b) After the public notice requirements of Sections 134.058 through 134.062 have been met, the commission shall...
• Texas Section 134.076 - Extension Of Permit Area
  (a) Except for incidental boundary revisions, an extension of the permit area must be made by application for another permit. (b) If an application for...
• Texas Section 134.077 - Term Of Renewal Permit
  A permit renewal is for a term not to exceed the term of the original permit established by this chapter. Added by Acts 1995, 74th...
• Texas Section 134.078 - Time Limit For Renewal Application
  Application for permit renewal must be made not later than the 120th day before the date the existing permit expires. Added by Acts 1995, 74th...
• Texas Section 134.079 - Application For Permit Revision
  During the term of a permit, the permit holder may submit to the commission an application for a permit revision, together with a revised reclamation...
• Texas Section 134.080 - Approval Of Permit Revision
  The commission may not approve an application for a permit revision unless the commission finds that reclamation as required by this chapter can be accomplished...
• Texas Section 134.081 - Guidelines For Revision
  (a) The commission shall establish guidelines for determining the scale or extent of a revision request for which all permit application information requirements and procedures,...
• Texas Section 134.082 - Commission Requirement Of Permit Revision Or Modification
  (a) The commission, within a time prescribed by rule, shall review outstanding permits and may require reasonable revision or modification of a permit during the...
• Texas Section 134.083 - Transfer Of Permit
  A person may not transfer, assign, or sell the rights granted under a permit issued under this chapter without the written approval of the commission....
• Texas Section 134.084 - Suspension Or Rescission Of Improvidently Issued Permit
  (a) The commission may suspend or rescind an improvidently issued permit under rules adopted by the commission. (b) A rule adopted by the commission under...

SUBCHAPTER E PERFORMANCE STANDARDS

• Texas Section 134.085 - Review Periods For New Permits, Renewals, And Revisions
  (a) Not later than the seventh day after the date the commission receives an application for a new permit or for renewal or a significant...
• Texas Section 134.091 - Operations Required To Meet Performance Standards
  A permit issued under this chapter to conduct surface coal mining operations shall require that the operations meet the applicable performance standards of this chapter....
• Texas Section 134.092 - Performance Standards
  (a) Performance standards for surface coal mining and reclamation operations shall require an operator: (1) to conduct surface coal mining operations to maximize the use...
• Texas Section 134.093 - Backfilling, Grading, And Compacting: Insufficient Overburden
  (a) This section applies to a surface coal mining operation: (1) that is carried out at the same location over a substantial period; (2) that...
• Texas Section 134.094 - Backfilling, Grading, And Compacting: Sufficient Overburden
  (a) This section applies to a surface coal mining operation: (1) in which the volume of overburden is large relative to the thickness of the...
• Texas Section 134.095 - Maintenance Of Topsoil Or Other Strata
  (a) The performance standards shall require that, if the topsoil is not replaced on a backfill area within a time short enough to avoid deterioration...
• Texas Section 134.096 - Specifications For Soil Removal, Storage, Replacement, And Reconstruction
  For prime farmland to be mined and reclaimed, the applicable specifications for soil removal, storage, replacement, and reconstruction are those established by the secretary of...
• Texas Section 134.097 - Removal, Storage, And Replacement Of Soil And Overburden Without Regard To Soil Horizons
  (a) This section applies only to prime farmland to be mined and reclaimed. (b) On proper documentation supporting the use of the mining technique to...
• Texas Section 134.098 - Prohibition On Augering
  The commission may prohibit augering if necessary to: (1) maximize the use, recoverability, or conservation of the solid fuel resources; or (2) protect against adverse...
• Texas Section 134.099 - Certification Of Siltation Structure
  The performance standards shall require that a siltation structure constructed under Section 134.092(a)(10)(B) be certified by a qualified registered engineer to be constructed as designed...
• Texas Section 134.100 - Proximity Of Mine To Underground Mines: Exception
  Notwithstanding Section 134.092(a)(12), the commission shall permit an operator to mine near or through an abandoned underground mine or closer to an active underground mine...
• Texas Section 134.101 - Rules Regarding Use Of Explosives
  The commission rules described by Section 134.092(a)(15) shall require that: (1) adequate advance written notice be given to local governments and residents who might be...
• Texas Section 134.102 - Variance To Permit Underground Mining Operations Before Reclamation
  (a) The commission may grant a variance from the contemporaneous reclamation requirement of Section 134.092(a)(16) for specific areas within the reclamation plan to permit underground...
• Texas Section 134.103 - Use Of Introduced Species For Revegetation
  Notwithstanding Section 134.092(a)(19), introduced species may be used in the revegetation process where necessary to achieve the approved postmining land use plan. Added by Acts...
• Texas Section 134.104 - Responsibility For Revegetation: Area Of Low Precipitation
  Notwithstanding Section 134.092(a)(20), in areas or regions of the state where the annual average precipitation is 26 inches or less, an operator's assumption of responsibility...
• Texas Section 134.105 - Responsibility For Revegetation: Long-term Intensive Agricultural Postmining Use
  (a) The applicable period of responsibility for revegetation begins on the date of initial planting for long-term intensive agricultural postmining land use if the commission...
• Texas Section 134.106 - Spoil Disposal
  (a) The performance standards shall require an operator: (1) to transport the excess spoil material resulting from surface coal mining and reclamation activities and place...
• Texas Section 134.107 - Permit Without Regard To Requirement To Restore To Approximate Original Contour
  (a) The commission may grant a permit, without regard to the requirement to restore to approximate original contour set forth in Section 134.092(a)(3) or 134.108(a)(2),...
• Texas Section 134.108 - Steep Slope Surface Coal Mining
  (a) An operator of a steep slope surface coal mining operation, in addition to meeting the general performance standards of this subchapter: (1) shall ensure...
• Texas Section 134.109 - Variance From Requirement To Restore Contour
  (a) The commission may grant a variance from the requirement in Section 134.108(a)(2) to restore to approximate original contour after steep slope surface coal mining...

SUBCHAPTER F BONDS AND DEPOSITS

• Texas Section 134.110 - Water Supply Replacement
  The operator of a surface coal mining operation shall replace the water supply of an owner of an interest in real property who obtains all...
• Texas Section 134.121 - Performance Bond Requirement
  (a) After a surface coal mining and reclamation permit application has been approved but before the permit is issued, the applicant shall file with the...
• Texas Section 134.122 - Amount Of Bond
  (a) The commission shall determine the amount of the bond required for each bonded area. (b) The amount of the bond shall: (1) reflect the...
• Texas Section 134.123 - Bond Without Surety
  The commission may accept the bond of an applicant without separate surety if the applicant demonstrates to the satisfaction of the commission the existence of...
• Texas Section 134.124 - Alternative To Bonding Program
  Instead of establishing a bonding program under this subchapter, the commission may approve an alternative system that will achieve the purposes of the bonding program...
• Texas Section 134.125 - Extent Of Liability Under Bond
  Liability under the bond shall be for the duration of the surface coal mining and reclamation operation and of the applicant's responsibility for revegetation. Added...
• Texas Section 134.126 - Security For Bond
  (a) The applicant and a corporate surety licensed to do business in this state shall execute the bond unless the applicant elects to deposit security...
• Texas Section 134.127 - Adjustment Of Amount Of Bond Or Deposit
  The commission periodically shall adjust the amount of the bond or deposit required and the terms of each acceptance of the applicant's bond to reflect...
• Texas Section 134.128 - Application For Release Of Bond Or Deposit
  The permit holder may file a request with the commission for the release of all or part of a performance bond or deposit. Added by...
• Texas Section 134.129 - Notice
  (a) Not later than the 30th day after the date the permit holder files with the commission an application for release of a bond or...
• Texas Section 134.130 - Inspection And Evaluation
  (a) Not later than the 30th day after the date the commission receives a request under Section 134.128 and a copy of an advertisement or...
• Texas Section 134.131 - Release Of Bond Or Deposit
  (a) The commission may release part or all of the bond or deposit if the commission is satisfied that the reclamation covered by the bond...
• Texas Section 134.132 - Notice To Permit Holder Of Decision To Approve Or Disapprove Release
  (a) The commission shall notify the permit holder in writing of its decision to release or not to release all or part of the bond...
• Texas Section 134.133 - Notice To County Judge
  Not later than the 31st day before the date of release of all or part of a bond, the commission, by certified mail, shall notify...

SUBCHAPTER G ABANDONED MINE RECLAMATION

• Texas Section 134.134 - Objections To Release
  (a) A person is entitled to file a written objection to a proposed release of a bond if the person: (1) has a legal interest...
• Texas Section 134.141 - Fund Participation
  (a) The commission may take any action necessary to: (1) ensure this state's participation to the fullest extent practicable in the abandoned mine reclamation fund...
• Texas Section 134.142 - Eligibility Of Land And Water
  Land and water are eligible for reclamation or abatement expenditures under this subchapter if the land and water are eligible for reclamation or abatement expenditures...
• Texas Section 134.143 - Right Of Entry
  The commission is entitled to enter any property to conduct studies or exploratory work to determine: (1) the existence of adverse effects of past coal...
• Texas Section 134.144 - Reclamation By Commission
  (a) The commission is entitled to enter property adversely affected by past coal mining practices or other property necessary to have access to that property...
• Texas Section 134.145 - Acquisition
  This state may acquire by purchase, donation, or condemnation land that is adversely affected by past coal mining practices if: (1) it is in the...
• Texas Section 134.146 - Title
  Title to land acquired under Section 134.145 shall be in the name of this state. Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a),...
• Texas Section 134.147 - Cost Of Land
  The price paid for land acquired under Section 134.145 shall reflect the market value of the land as adversely affected by past coal mining practices....
• Texas Section 134.148 - Sale Of Acquired Land
  (a) If land acquired under Section 134.145 is considered suitable for industrial, commercial, residential, or recreational development, this state may sell the land by public...
• Texas Section 134.149 - Hearing On Sale
  (a) The commission, after appropriate public notice and on request, shall hold a public hearing in the county or counties in which land acquired under...
• Texas Section 134.150 - Lien
  (a) Not later than six months after the date projects to reclaim privately owned land are completed, the commission: (1) shall itemize the money spent;...
• Texas Section 134.151 - Hearing On Lien
  Not later than the 60th day after the date the lien is filed, an affected landowner may petition the commission for a hearing on the...

SUBCHAPTER H ENFORCEMENT

• Texas Section 134.152 - Emergency Powers
  (a) The commission may spend money available for abandoned mine reclamation for the emergency restoration, reclamation, abatement, control, or prevention of the adverse effects of...
• Texas Section 134.161 - Condition, Practice, Or Violation Creating Imminent Danger Or Causing Imminent Harm
  (a) The commission or its authorized representative shall immediately order the cessation of surface coal mining operations or the relevant part of those operations if,...
• Texas Section 134.162 - Violation Not Creating Imminent Danger Or Causing Imminent Harm
  (a) The commission or its authorized representative shall issue a notice to a permit holder who is violating this chapter or a permit condition required...
• Texas Section 134.163 - Term Of Cessation Order
  Except as provided by Section 134.167, a cessation order under Section 134.161 or 134.162 remains in effect until the commission: (1) determines the condition, practice,...
• Texas Section 134.164 - Continuous Violation
  (a) The commission shall issue an order to a permit holder promptly to show cause why a permit should not be suspended or revoked if,...
• Texas Section 134.165 - Form Of Notice Or Order
  (a) A notice or order issued under Section 134.161, 134.162, or 134.164 shall: (1) state with reasonable specificity the nature of the violation and the...
• Texas Section 134.166 - Modification, Vacation, Or Termination Of Notice Of Order
  The commission or its authorized representative may modify, vacate, or terminate a notice or order issued under Section 134.161, 134.162, or 134.164. Added by Acts...
• Texas Section 134.167 - Expiration Of Notice Or Order
  If a notice or order issued under Section 134.161, 134.162, or 134.164 requires the operator to stop mining, the notice or order expires not later...
• Texas Section 134.168 - Application For Commission Review Of Notice Or Order
  (a) A permit holder to whom the commission issues a notice or order under Section 134.161 or 134.162 or an affected person may apply to...
• Texas Section 134.169 - Investigation And Hearing On Application For Review
  (a) On receipt of an application filed under Section 134.168, the commission shall investigate as it considers appropriate. (b) The investigation shall provide an opportunity...
• Texas Section 134.170 - Commission Findings And Decision
  (a) On receiving the investigation report, the commission shall: (1) make findings of fact; and (2) issue a written decision incorporating: (A) its findings; and...
• Texas Section 134.171 - Request For Temporary Relief
  (a) Before the investigation and hearing required by Section 134.169 are completed, the applicant may file with the commission a written request that the commission...
• Texas Section 134.172 - Assessment Of Costs Incurred In Administrative Proceeding Or Judicial Review
  (a) If the commission issues an order under Sections 134.161 through 134.171 or in an administrative proceeding under this chapter, the commission may, on request...
• Texas Section 134.173 - Civil Action
  (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 134.174 - Administrative Penalty For Violation Of Permit Condition Of This Chapter
  (a) The commission may assess an administrative penalty against a person who violates a permit condition or this chapter. The commission shall assess an administrative...
• Texas Section 134.175 - Penalty Assessment Procedure
  (a) The commission may assess an administrative penalty under Section 134.174 only after giving the person charged with a violation an opportunity for a public...
• Texas Section 134.176 - Payment Of Penalty; Refund
  (a) Not later than the 30th day after the date the commission issues a notice or order charging that a violation of this chapter has...
• Texas Section 134.177 - Administrative Penalty For Failing To Correct Violation For Which Citation Has Been Issued
  (a) The commission shall assess a person who does not correct a violation for which a citation has been issued under Section 134.161 within the...
• Texas Section 134.178 - Recovery Of Administrative Penalty
  The attorney general at the request of the commission may bring a civil action to recover an administrative penalty owed under this chapter. Added by...
• Texas Section 134.179 - Criminal Penalty For Wilful And Knowing Violation
  (a) A person commits an offense if the person wilfully and knowingly violates a condition of a permit issued under this chapter or does not...
• Texas Section 134.180 - Criminal Penalty For False Statement, Representation, Or Certification
  (a) A person commits an offense if the person knowingly makes a false statement, representation, or certification, or knowingly fails to make a statement, representation,...
• Texas Section 134.181 - Penalty For Director, Officer, Or Agent Of Corporation
  (a) If a corporation violates a condition of a permit issued under this chapter or does not comply with an order issued under Section 134.161,...
• Texas Section 134.182 - Citizen Suit
  (a) Except as provided by Subsection (d), an affected person may bring a civil action to compel compliance with this chapter against: (1) the commission...
• Texas Section 134.183 - Notice To Commission Before Bringing Suit; Suit By State
  (a) A person must give written notice to the commission of an action under Section 134.182(a)(1) not later than the 61st day before the date...
• Texas Section 134.184 - Venue
  A person may bring an action under Section 134.182 only in the judicial district in which the surface coal mining operation complained of is located....
• Texas Section 134.185 - Intervention By Commission
  The commission may intervene as a matter of right in an action brought under Section 134.182. Added by Acts 1995, 74th Leg., ch. 76, Sec....
• Texas Section 134.186 - Costs Of Suit; Filing Of Bond
  (a) In issuing a final order in an action brought under Section 134.182(a), a court may award a party litigation costs, including attorney's and expert...
• Texas Section 134.187 - Rights Under Other Law
  Sections 134.182 through 134.186 do not restrict any right a person or class of persons may have under a statute or common law to seek...
• Texas Section 134.188 - Defense
  It is a defense to a civil or criminal penalty under this chapter that a person allegedly conducting an iron ore or iron ore gravel...

Last modified: September 28, 2016