Bill Text: TX SB1478 | 2011-2012 | 82nd Legislature | Enrolled


Bill Title: Relating to deadlines for the Railroad Commission of Texas to review certain applications for surface coal mining operation permits.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2011-05-27 - Effective immediately [SB1478 Detail]

Download: Texas-2011-SB1478-Enrolled.html
 
 
  S.B. No. 1478
 
 
 
 
AN ACT
  relating to deadlines for the Railroad Commission of Texas to
  review certain applications for surface coal mining operation
  permits.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 134.004, Natural Resources Code, is
  amended by adding Subdivision (7-a) to read as follows:
               (7-a)  "Director" means the director, Surface Mining
  and Reclamation Division, Railroad Commission of Texas, or the
  director's representative.
         SECTION 2.  Section 134.080, Natural Resources Code, is
  amended to read as follows:
         Sec. 134.080.  APPROVAL [OR DISAPPROVAL] OF PERMIT REVISION.
  [(a)]  The commission may not approve an application for a permit
  revision unless the commission finds that reclamation as required
  by this chapter can be accomplished under the revised reclamation
  plan.
         [(b)     The commission shall approve or disapprove the
  revision not later than the 90th day after the date the permit
  holder submits the application to the commission.]
         SECTION 3.  Subchapter D, Chapter 134, Natural Resources
  Code, is amended by adding Section 134.085 to read as follows:
         Sec. 134.085.  REVIEW PERIODS FOR NEW PERMITS, RENEWALS, AND
  REVISIONS. (a)  Not later than the seventh day after the date the
  commission receives an application for a new permit or for renewal
  or a significant revision of a permit, the director shall complete a
  review of the application to determine whether the application is
  complete.
         (b)  If the director determines that the application is
  complete, the director shall file the application with the
  commission's office of general counsel for processing under
  commission rules and Chapter 2001, Government Code.
         (c)  If the director determines that the application is not
  complete, the director shall send a written notice to the applicant
  that identifies the specific information that the applicant must
  provide to the commission. Not later than the seventh day after the
  date the commission receives the requested information, the
  director shall complete another review of the application to assess
  the completeness of the application.
         (d)  Not later than the 120th day after the date the
  commission receives an application described by Subsection (a) that
  the director determines is complete, the director shall complete
  the technical review of the application and make a recommendation
  to approve or deny the application to the commission's office of
  general counsel.
         (e)  If the director determines that the application is
  deficient under Subsection (d):
               (1)  the period required by Subsection (d) for
  completing the review of the application is tolled until the date
  the commission receives the requested information from the
  applicant; and
               (2)  the director shall send a written notice to the
  applicant that notifies the applicant:
                     (A)  that the review period required by Subsection
  (d) is being tolled;
                     (B)  of the reason the review period is being
  tolled;
                     (C)  of the information the applicant must submit
  to the commission before the commission will resume the review of
  the application; and
                     (D)  of the number of days remaining that the
  commission has to review the application after the commission
  receives the requested information from the applicant.
         (f)  If the applicant submits supplemental information to
  the commission that is not in response to a request for information
  under Subsection (e), the director may extend the review period
  required by Subsection (d) for an additional period of not more than
  60 days. The director shall provide written notice to the applicant
  that includes the director's decision regarding whether to extend
  the review period, the reason for the decision, and the number of
  days remaining in the review period.
         (g)  This subsection and Subsection (h) apply only to an
  application for a permit revision that the director determines is
  not a significant departure from the approved method or conduct of
  mining and reclamation operations.  Not later than the 90th day
  after the date the commission receives a complete application, the
  director shall provide written notice to the applicant that the
  permit revision request has been approved or denied.
         (h)  If the director determines that the application is
  deficient:
               (1)  the review period required by Subsection (g) to
  approve or deny the application under this section is tolled until
  the date the commission receives the requested information from the
  applicant; and
               (2)  the director shall send a written notice to the
  applicant that notifies the applicant:
                     (A)  that the review period required by Subsection
  (g) is being tolled;
                     (B)  of the reason the review period is being
  tolled;
                     (C)  of the information that the applicant must
  submit to the commission before the commission will resume the
  review of the revision application; and
                     (D)  of the number of days remaining that the
  commission has to review the application after the commission
  receives the requested information from the applicant.
         SECTION 4.  The change in law made by this Act applies only
  to a permit to conduct mining operations the application for which
  is filed with the Railroad Commission of Texas on or after the
  effective date of this Act. A permit the application for which is
  filed before the effective date of this Act is subject to the law in
  effect on the date the application is filed, and that law is
  continued in effect for that purpose.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1478 passed the Senate on
  April 28, 2011, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1478 passed the House on
  May 10, 2011, by the following vote:  Yeas 142, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor
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