Tex. Nat. Resources Code Section 131.002
Declaration of Policy

The legislature finds and declares that:

(1)

the extraction of minerals by surface mining operations is a basic and essential activity making an important contribution to the economic well-being of the state and nation;

(2)

proper reclamation of land explored for minerals and surface-mined land is necessary to prevent undesirable land and water conditions that would be detrimental to the general welfare, health, safety, and property rights of the citizens of this state;

(3)

surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different and that reclamation operations and the specifications for reclamation operations must vary accordingly;

(4)

it is not always possible to explore for or to extract minerals required by our society without disturbing the earth and producing waste materials, and the very character of certain types of surface mining operations occasionally precludes complete restoration of the affected land to its original condition;

(5)

unregulated surface mining may destroy or diminish the utility of land for commercial, industrial, residential, recreational, agricultural, and forestry purposes by causing erosion and landslides, by contributing to floods, by polluting the water, by destroying fish and wildlife habitats, by impairing natural beauty, by damaging the property of citizens, by creating hazards dangerous to life and property, by degrading the quality of life in local communities, and by counteracting governmental programs and efforts to conserve soil, water, and other natural resources, which results are declared to be inimical to the public interest and destructive to the public health, safety, welfare, and economy of the State of Texas;

(6)

due to its unique character or location, some land within the state may be unsuitable for all or certain types of surface mining operations;

(7)

reclamation of land explored for minerals and surface-mined land as provided by this chapter will allow the mining of valuable minerals in a manner designed for the protection and subsequent beneficial use of land; and

(8)

the requirements of this chapter for reclamation and maintenance of affected land are necessary for the public health and safety and thus constitute a valid application of the police power of this state.
Acts 1977, 65th Leg., p. 2607, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 849, ch. 379, Sec. 1, eff. June 6, 1979.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1117 (H.B. 3837), Sec. 1, eff. September 1, 2007.

Source: Section 131.002 — Declaration of Policy, https://statutes.­capitol.­texas.­gov/Docs/NR/htm/NR.­131.­htm#131.­002 (accessed Apr. 29, 2024).

131.001
Short Title 131.002
Declaration of Policy 131.003
Purposes 131.004
Definitions 131.005
Reclamation 131.006
Exclusions and Exemptions 131.021
General Authority of Commission 131.022
Jurisdiction of Commission 131.023
Commission Procedure 131.024
Compliance with Federal Surface Mining Laws 131.025
Hearing Procedure 131.033
Differing Terms and Provisions of Rules 131.034
Exploration Activities 131.035
Rules Designating Unsuitable Land 131.036
Survey of Land 131.037
Commission Statement 131.038
Reasons for Unsuitable Designation 131.039
Petition and Hearing on Designation 131.040
Modifying, Amending, and Terminating Designations 131.041
Applicability of Subchapter 131.042
Records, Reports, Monitoring Equipment, and Information 131.043
Inspection by Commission 131.044
Time and Procedures for Inspections 131.045
Sign 131.046
Procedure on Detection of Violation 131.047
Judicial Review 131.048
Confidentiality 131.049
Temporary Orders Prior to Notice and Hearing 131.101
Reclamation Plan 131.102
Reclamation Standards 131.131
Permit Required for Operation 131.132
Form of Permit Application 131.133
Required Information 131.134
Documents to Be Included with Application 131.135
Application Fees 131.136
Amendment to Permit Application 131.137
Combined Permit Application 131.138
Filing Application with County Clerk 131.139
Submission of Application to Agencies for Comment 131.140
Approval of Permit 131.141
Denial of a Permit 131.142
Term and Transferability of Permit 131.143
Liability Insurance Policy 131.144
Rules for Revision, Transfer, and Renewal of Permits 131.145
Right to Renewal 131.146
Application for and Issuance of Renewal 131.147
Renewal Application Fee 131.148
Extension of Permit Coverage 131.149
Term of Renewal Permit 131.150
Time Limit for Renewal Application 131.151
Revision of Permit 131.152
Approval or Disapproval of Permit Revision 131.153
Guidelines for Revision 131.154
Extensions to Area 131.155
Transfer of Permit 131.156
Required Information for Transfer 131.157
Approval of Transfer 131.158
Denial of Application for Transfer 131.159
Notice by Applicant 131.160
Notification by Commission 131.161
Comments 131.162
Written Objections 131.163
Notice and Public Hearing 131.165
Procedure 131.201
Performance Bond Requirement 131.202
Amount of Performance Bond 131.203
Bond Without Surety 131.204
Extent of Liability Under Bond 131.205
Security for Bond 131.206
Increase or Decrease of Bond 131.207
Forfeiture of Operator’s Performance Bond 131.208
Application for Release of Performance Bond or Deposit 131.209
Notice 131.210
Inspection and Evaluation 131.211
Basis for Release of Bond or Deposit 131.212
Disapproval of Application for Bond or Deposit Release 131.213
Notice of Release to Local Governmental Agency 131.214
Objections to Release 131.231
Land Reclamation Fund 131.232
Appropriation 131.233
Use of Proceeds from Bond Forfeitures and Penalties 131.234
Reclamation of Land 131.261
Conditions, Practices, and Violations Creating Imminent Danger or Causing Imminent Harm 131.262
Violations Not Creating Imminent Danger or Causing Imminent Harm 131.263
Continuous Violations 131.264
Form of Notices and Orders 131.265
Civil Actions 131.266
Injunctive Relief and Civil Penalty 131.267
Criminal Penalty for Violating Permits and Orders 131.268
Criminal Penalty for Corporate Permittee 131.269
Criminal Penalty for False Statement, Representation, or Certification 131.270
Recovery of Civil Penalties 131.301
Discharge Rules, Orders, and Permits 131.302
Access to Property and Records 131.303
Injunctive Relief and Civil Penalty 131.304
Administrative Penalty 131.305
Criminal Penalty 131.351
Applicability of Subchapter 131.352
Exploration Permits 131.353
Scope of Exploration Permit 131.354
Commission Jurisdiction 131.355
Application Fees 131.356
Notification by Commission 131.357
Geologic, Hydrologic, Water Quality, and Well Information 131.2661
Administrative Penalty 131.2662
Penalty Assessment Procedure 131.2663
Payment of Penalty 131.2664
Recovery of Penalty
Green check means up to date. Up to date

Accessed:
Apr. 29, 2024

§ 131.002’s source at texas​.gov