Texas Senate Bill SB1088

Texas 2019 - 86th Regular

Caption

Relating to the procedure for acting on an application for a permit for a surface coal mining and reclamation operation.

Summary

SB1088 focuses on establishing a clear process for acting on applications for permits related to surface coal mining and reclamation operations in Texas. By amending the Government Code, it outlines specific procedures that the Railroad Commission must follow in handling these permit applications, ensuring that all hearings regarding applications are conducted with due process. The bill aims to streamline the permitting process while maintaining necessary environmental protections and operational protocols.<br><br> One of the pivotal aspects of SB1088 is the definition of an 'affected person' within the scope of contested case hearings. The bill establishes criteria under which individuals or associations may challenge permit applications, which includes demonstrating a personal justiciable interest in the matters at hand. This change is anticipated to clarify who has the standing to participate in contested hearings, potentially limiting the number of interventions by general public members, which has been a contentious issue in previous hearings.<br><br> Notably, the bill influences the evidentiary standards within permit proceedings by establishing a prima facie case for permit issuance, contingent on the technical assessments provided by the commission’s Surface Mining and Reclamation Division. This procedural amendment may impact how evidence is viewed in these cases, placing additional responsibilities on parties wishing to contest permits. Supporters believe this will facilitate timely decision-making on permit applications and bolster the mining industry by reducing bureaucratic delays.<br><br> However, opponents of the bill raise concerns about the implications for environmental governance and community rights. They argue that by restricting participation in permit hearings, the bill could lead to increased mining activities without comprehensive oversight and could undermine local efforts to address specific environmental concerns. These tensions indicate a broader debate around balancing economic development in the mining sector with preserving environmental integrity and community autonomy.