Tex. Nat. Res. Code § 134.093 · Subchapter E. PERFORMANCE STANDARDS
BACKFILLING, GRADING, AND COMPACTING: INSUFFICIENT OVERBURDEN.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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 transects the coal deposit;
(3) in which the thickness of the coal deposit relative to the volume of the overburden is large; and
(4) for which the operator demonstrates that the overburden and other spoil and waste materials at a particular point in the permit area or otherwise available from the entire permit area are insufficient, considering volumetric expansion, to restore the approximate original contour.
(b) Notwithstanding Section 134.092(a)(3), the operator, at a minimum, shall backfill, grade, and compact, where advisable, using the available overburden and other spoil and waste materials to attain the lowest practicable grade but not more than the angle of repose, to provide adequate drainage, and to cover the acid-forming and other toxic materials in order to achieve an ecologically sound land use compatible with the surrounding region.
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 7690cc8927c20ace12606ce5237ee5cc97fc5b9fd084582978f678171b643b46
- 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
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