Tex. Nat. Resources Code Section 131.021
General Authority of Commission


In seeking to accomplish the purposes of this chapter, the commission shall have the authority:

(1)

to adopt and amend rules pertaining to exploration, surface mining, and reclamation operations consistent with the general intent and purposes of this chapter;

(2)

to issue permits pursuant to the provisions of this chapter;

(3)

to conduct hearings pursuant to the provisions of this chapter;

(4)

to issue orders requiring an operator to take actions that are necessary to comply with this chapter and with rules adopted under this chapter;

(5)

to issue orders modifying previous orders;

(6)

to issue a final order revoking the permit of an operator who has failed to comply with an order of the commission to take action required by this chapter or rules adopted under this chapter;

(7)

to order the immediate cessation of an ongoing exploration or surface mining operation if the commission finds that the operation creates an imminent danger to the health or safety of the public, or is causing or can reasonably be expected to cause significant imminent environmental harm to land, air, or water resources, and to take other action or make changes in a permit that are reasonably necessary to avoid or alleviate these conditions;

(8)

to hire employees, adopt standards for employment of these persons, and hire and authorize the hiring of outside contractors to assist in carrying out the requirements of this chapter;

(9)

to enter on and inspect, in person or by its agents, an exploration or a surface mining operation that is subject to the provisions of this chapter to assure compliance with the terms of this chapter;

(10)

to conduct, encourage, request, and participate in studies, surveys, investigations, research, experiments, training, and demonstrations by contract, grant, or otherwise;

(11)

to prepare reports and to require persons who hold exploration or surface mining permits to prepare reports;

(12)

to collect and disseminate to the public information considered reasonable and necessary for the proper enforcement of this chapter;

(13)

to accept, receive, and administer grants, gifts, loans, or other funds made available from any source for the purposes of this chapter;

(14)

to enter into contracts with state boards and agencies that have pertinent expertise to obtain professional and technical services necessary to carry out the provisions of this chapter; and

(15)

to perform other duties and acts required by and provided for in this chapter.
Acts 1977, 65th Leg., p. 2610, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1117 (H.B. 3837), Sec. 3, eff. September 1, 2007.

Source: Section 131.021 — General Authority of Commission, https://statutes.­capitol.­texas.­gov/Docs/NR/htm/NR.­131.­htm#131.­021 (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

Accessed:
Apr. 29, 2024

§ 131.021’s source at texas​.gov