Tex. Nat. Res. Code § 134.070 · Subchapter D. SURFACE COAL MINING PERMITS
PERMIT FOR MINING ON PRIME FARMLAND.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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 of the secretary of agriculture, the commission shall grant a permit to mine on prime farmland if:
(1) the area proposed to be mined contains prime farmland;
(2) the commission makes the findings required by Section 134.066 for the application under consideration; and
(3) the commission in addition finds in writing that:
(A) the operator has the technological capability to restore the mined area within a reasonable time to a level of yield equal to or higher than that of nonmined prime farmland in the surrounding area under equivalent levels of management; and
(B) the applicant can meet the soil reconstruction standards of the federal Act.
(b) This section does not apply to:
(1) a permit issued before August 3, 1977;
(2) a revision or renewal of a permit issued before August 3, 1977; or
(3) an existing surface mining operation for which a permit was issued before August 3, 1977.
Notes and commentary — not statutory text
History
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/NR/htm/NR.134.htm
- Text hash
- sha256 d77bd11f59dcb8e47c0f373c6f53d9083922bf51b674fcb349b2c991cbd0b72b
- 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
This section cites
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Natural Resources Code
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.