Tex. Nat. Res. Code § 131.038 · Subchapter B. POWERS AND DUTIES OF THE COMMISSION
REASONS FOR UNSUITABLE DESIGNATION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
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 reclamation under this chapter is not feasible;
(2) the operations will result in significant damage to important areas of historic, cultural, or archaeological value or to important natural systems;
(3) the operations will affect renewable resource land that includes aquifers and aquifer recharge areas, resulting in a substantial loss or reduction of long-range productivity of water supply or food or fiber products;
(4) the operations are located in an area subject to frequent flooding or an area that is geologically unstable and may reasonably be expected to endanger life and property;
(5) the operations will adversely affect any national park, national monument, national historic landmark, property listed on the national register of historic places, national forest, national wilderness area, national wildlife refuge, national wild and scenic river area, state park, state wildlife refuge, state forest, recorded Texas historic landmark, state historic site, state archaeological landmark, or city or county park; or
(6) the operations would endanger any public road, public building, cemetery, school, church, or similar structure or existing dwelling outside the permit area.
Notes and commentary — not statutory text
History
Acts 1977, 65th Leg., p. 2613, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/NR/htm/NR.131.htm
- Text hash
- sha256 77025c16977a48cb75161d2a6abb16f0f55e349a0874b267d55e051c893af4c7
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 1 provision
Provisions in this library whose text cites Tex. Nat. Res. Code § 131.038. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.