Tex. Nat. Resources Code Section 134.164
Continuous Violation

(a)

The commission shall issue an order to a permit holder promptly to show cause why a permit should not be suspended or revoked if, after an inspection:

(1)

the commission has reason to believe that a pattern of violations of this chapter or of permit conditions required by this chapter exists or has existed; and

(2)

the commission or its authorized representative finds that the violations are:

(A)

caused by the unwarranted failure of the permit holder to comply with this chapter or the permit conditions; or

(B)

wilfully caused by the permit holder.

(b)

The order shall set a time, place, and date for a public hearing. The hearing is of record and is subject to Chapter 2001 (Administrative Procedure), Government Code.

(c)

The commission shall promptly suspend or revoke the permit if the permit holder does not show cause why the permit should not be suspended or revoked.

(d)

The permit holder shall immediately stop surface coal mining operations on the permit area and shall complete reclamation within a time specified by the commission if the commission revokes the permit. The commission shall declare the performance bonds for the operation forfeited if the permit holder fails to comply with this subsection.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.

Source: Section 134.164 — Continuous Violation, https://statutes.­capitol.­texas.­gov/Docs/NR/htm/NR.­134.­htm#134.­164 (accessed Jun. 5, 2024).

134.001
Short Title 134.002
Findings and Declaration of Policy 134.003
Purposes 134.004
Definitions 134.005
Exemptions 134.006
Water Rights 134.007
Conflict of Interest 134.008
Applicability to Governmental Units 134.011
General Authority of Commission 134.012
Jurisdiction of Commission over Surface Coal, Iron Ore, and Iron Ore Gravel Mining and Reclamation Operations 134.013
Rulemaking and Permitting 134.014
Coal Exploration Operations 134.015
Surface Effects of Underground Mining 134.016
Development of Process for Designating Areas Unsuitable for Surface Coal Mining 134.017
Petition for Designation 134.018
Hearing on Designation 134.019
Commission Statement 134.020
Designation of Area as Unsuitable for Surface Coal Mining 134.021
Integration with Land Use Planning and Regulation Processes 134.022
Prohibition on Surface Coal Mining in Certain Areas 134.023
Cooperative Agreements with Federal Government 134.024
Experimental Practices 134.025
Certification of Blasters 134.026
Monitoring, Reporting, and Inspections 134.027
Monitoring of Operations that Affect Aquifers 134.028
Inspection Procedure 134.029
Procedure on Detection of Violation 134.030
Rules Regarding Monitoring, Reporting, and Inspections 134.031
Confidentiality 134.032
Determination Regarding Prime Farmland 134.041
Reclamation Plan 134.042
Blasting Plan 134.051
Permit Required for Operation 134.052
Contents of Permit Application 134.053
Liability Insurance Policy 134.054
Application Fees 134.055
Annual Fees 134.056
Small Mine Exemption 134.057
Public Inspection of Application 134.058
Notice by Applicant 134.059
Notification by Commission 134.060
Comments 134.061
Written Objections 134.062
Request for Public Hearing 134.063
Notice of Approval or Denial 134.064
Procedure 134.065
Permit Approval or Denial 134.066
Written Findings Required 134.067
Determination of Ownership 134.068
Schedule of Notices of Violations 134.069
Effect of Past or Present Violation 134.070
Permit for Mining on Prime Farmland 134.071
Term 134.072
Termination on Failure to Begin Operations 134.073
Successor in Interest 134.074
Right to Renewal 134.075
Application for and Issuance of Renewal 134.076
Extension of Permit Area 134.077
Term of Renewal Permit 134.078
Time Limit for Renewal Application 134.079
Application for Permit Revision 134.080
Approval of Permit Revision 134.081
Guidelines for Revision 134.082
Commission Requirement of Permit Revision or Modification 134.083
Transfer of Permit 134.084
Suspension or Rescission of Improvidently Issued Permit 134.085
Review Periods for New Permits, Renewals, and Revisions 134.091
Operations Required to Meet Performance Standards 134.092
Performance Standards 134.093
Backfilling, Grading, and Compacting: Insufficient Overburden 134.094
Backfilling, Grading, and Compacting: Sufficient Overburden 134.095
Maintenance of Topsoil or Other Strata 134.096
Specifications for Soil Removal, Storage, Replacement, and Reconstruction 134.097
Removal, Storage, and Replacement of Soil and Overburden Without Regard to Soil Horizons 134.098
Prohibition on Augering 134.099
Certification of Siltation Structure 134.100
Proximity of Mine to Underground Mines: Exception 134.101
Rules Regarding Use of Explosives 134.102
Variance to Permit Underground Mining Operations Before Reclamation 134.103
Use of Introduced Species for Revegetation 134.104
Responsibility for Revegetation: Area of Low Precipitation 134.105
Responsibility for Revegetation: Long-term Intensive Agricultural Postmining Use 134.106
Spoil Disposal 134.107
Permit Without Regard to Requirement to Restore to Approximate Original Contour 134.108
Steep Slope Surface Coal Mining 134.109
Variance from Requirement to Restore Contour 134.110
Water Supply Replacement 134.121
Performance Bond Requirement 134.122
Amount of Bond 134.123
Bond Without Surety 134.124
Alternative to Bonding Program 134.125
Extent of Liability Under Bond 134.126
Security for Bond 134.127
Adjustment of Amount of Bond or Deposit 134.128
Application for Release of Bond or Deposit 134.129
Notice 134.130
Inspection and Evaluation 134.131
Release of Bond or Deposit 134.132
Notice to Permit Holder of Decision to Approve or Disapprove Release 134.133
Notice to County Judge 134.134
Objections to Release 134.141
Fund Participation 134.142
Eligibility of Land and Water 134.143
Right of Entry 134.144
Reclamation by Commission 134.145
Acquisition 134.146
Title 134.147
Cost of Land 134.148
Sale of Acquired Land 134.149
Hearing on Sale 134.150
Lien 134.151
Hearing on Lien 134.152
Emergency Powers 134.161
Condition, Practice, or Violation Creating Imminent Danger or Causing Imminent Harm 134.162
Violation Not Creating Imminent Danger or Causing Imminent Harm 134.163
Term of Cessation Order 134.164
Continuous Violation 134.165
Form of Notice or Order 134.166
Modification, Vacation, or Termination of Notice of Order 134.167
Expiration of Notice or Order 134.168
Application for Commission Review of Notice or Order 134.169
Investigation and Hearing on Application for Review 134.170
Commission Findings and Decision 134.171
Request for Temporary Relief 134.172
Assessment of Costs Incurred in Administrative Proceeding or Judicial Review 134.173
Civil Action 134.174
Administrative Penalty for Violation of Permit Condition of This Chapter 134.175
Penalty Assessment Procedure 134.176
Payment of Penalty 134.177
Administrative Penalty for Failing to Correct Violation for Which Citation Has Been Issued 134.178
Recovery of Administrative Penalty 134.179
Criminal Penalty for Wilful and Knowing Violation 134.180
Criminal Penalty for False Statement, Representation, or Certification 134.181
Penalty for Director, Officer, or Agent of Corporation 134.182
Citizen Suit 134.183
Notice to Commission Before Bringing Suit 134.184
Venue 134.185
Intervention by Commission 134.186
Costs of Suit 134.187
Rights Under Other Law 134.188
Defense
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 134.164’s source at texas​.gov