Tex. Nat. Res. Code § 134.094 · Subchapter E. PERFORMANCE STANDARDS
BACKFILLING, GRADING, AND COMPACTING: SUFFICIENT OVERBURDEN.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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 coal deposit; and
(2) for which the operator demonstrates that because of volumetric expansion the amount of overburden and other spoil and waste materials removed in the course of the mining operation is more than sufficient to restore the approximate original contour.
(b) Notwithstanding Section 134.092(a)(3), the operator shall, after restoring the approximate contour, backfill, grade, and compact, where advisable, the excess overburden and other spoil and waste materials to attain the lowest grade but not more than the angle of repose and to cover the acid-forming and other toxic materials in order to achieve an ecologically sound land use compatible with the surrounding region. The overburden or spoil shall be shaped and graded to prevent slides, erosion, and water pollution and shall be revegetated in accordance with this chapter.
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 86c91153426314fa5dcf6ce82c23eda540b7bd844e5b4194da0ffbcbdb3af1af
- 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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Natural Resources Code
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