Texas 2011 - 82nd Regular

Texas House Bill HB2963 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	82R20130 ACP-F
2	2	By: Crownover H.B. No. 2963
3	3	Substitute the following for H.B. No. 2963:
4	4	By: Craddick C.S.H.B. No. 2963
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to deadlines for the Railroad Commission of Texas to
10	10	review certain applications for surface coal mining operation
11	11	permits.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 134.004, Natural Resources Code, is
14	14	amended by adding Subdivision (7-a) to read as follows:
15	15	(7-a) "Director" means the director, Surface Mining
16	16	and Reclamation Division, Railroad Commission of Texas, or the
17	17	director's representative.
18	18	SECTION 2. Section 134.080, Natural Resources Code, is
19	19	amended to read as follows:
20	20	Sec. 134.080. APPROVAL [OR DISAPPROVAL] OF PERMIT REVISION.
21	21	[(a)] The commission may not approve an application for a permit
22	22	revision unless the commission finds that reclamation as required
23	23	by this chapter can be accomplished under the revised reclamation
24	24	plan.
25	25	[(b) The commission shall approve or disapprove the
26	26	revision not later than the 90th day after the date the permit
27	27	holder submits the application to the commission.]
28	28	SECTION 3. Subchapter D, Chapter 134, Natural Resources
29	29	Code, is amended by adding Section 134.085 to read as follows:
30	30	Sec. 134.085. REVIEW PERIODS FOR NEW PERMITS, RENEWALS, AND
31	31	REVISIONS. (a) Not later than the seventh day after the date the
32	32	commission receives an application for a new permit or for renewal
33	33	or a significant revision of a permit, the director shall complete a
34	34	review of the application to determine whether the application is
35	35	complete.
36	36	(b) If the director determines that the application is
37	37	complete, the director shall file the application with the
38	38	commission's office of general counsel for processing under
39	39	commission rules and Chapter 2001, Government Code.
40	40	(c) If the director determines that the application is not
41	41	complete, the director shall send a written notice to the applicant
42	42	that identifies the specific information that the applicant must
43	43	provide to the commission. Not later than the seventh day after the
44	44	date the commission receives the requested information, the
45	45	director shall complete another review of the application to assess
46	46	the completeness of the application.
47	47	(d) Not later than the 120th day after the date the
48	48	commission receives an application described by Subsection (a) that
49	49	the director determines is complete, the director shall complete
50	50	the technical review of the application and make a recommendation
51	51	to approve or deny the application to the commission's office of
52	52	general counsel.
53	53	(e) If the director determines that the application is
54	54	deficient under Subsection (d):
55	55	(1) the period required by Subsection (d) for
56	56	completing the review of the application is tolled until the date
57	57	the commission receives the requested information from the
58	58	applicant; and
59	59	(2) the director shall send a written notice to the
60	60	applicant that notifies the applicant:
61	61	(A) that the review period required by Subsection
62	62	(d) is being tolled;
63	63	(B) of the reason the review period is being
64	64	tolled;
65	65	(C) of the information the applicant must submit
66	66	to the commission before the commission will resume the review of
67	67	the application; and
68	68	(D) of the number of days remaining that the
69	69	commission has to review the application after the commission
70	70	receives the requested information from the applicant.
71	71	(f) If the applicant submits supplemental information to
72	72	the commission that is not in response to a request for information
73	73	under Subsection (e), the director may extend the review period
74	74	required by Subsection (d) for an additional period of not more than
75	75	60 days. The director shall provide written notice to the applicant
76	76	that includes the director's decision regarding whether to extend
77	77	the review period, the reason for the decision, and the number of
78	78	days remaining in the review period.
79	79	(g) This subsection and Subsection (h) apply only to an
80	80	application for a permit revision that the director determines is
81	81	not a significant departure from the approved method or conduct of
82	82	mining and reclamation operations. Not later than the 90th day
83	83	after the date the commission receives a complete application, the
84	84	director shall provide written notice to the applicant that the
85	85	permit revision request has been approved or denied.
86	86	(h) If the director determines that the application is
87	87	deficient:
88	88	(1) the review period required by Subsection (g) to
89	89	approve or deny the application under this section is tolled until
90	90	the date the commission receives the requested information from the
91	91	applicant; and
92	92	(2) the director shall send a written notice to the
93	93	applicant that notifies the applicant:
94	94	(A) that the review period required by Subsection
95	95	(g) is being tolled;
96	96	(B) of the reason the review period is being
97	97	tolled;
98	98	(C) of the information that the applicant must
99	99	submit to the commission before the commission will resume the
100	100	review of the revision application; and
101	101	(D) of the number of days remaining that the
102	102	commission has to review the application after the commission
103	103	receives the requested information from the applicant.
104	104	SECTION 4. The change in law made by this Act applies only
105	105	to a permit to conduct mining operations the application for which
106	106	is filed with the Railroad Commission of Texas on or after the
107	107	effective date of this Act. A permit the application for which is
108	108	filed before the effective date of this Act is subject to the law in
109	109	effect on the date the application is filed, and that law is
110	110	continued in effect for that purpose.
111	111	SECTION 5. This Act takes effect immediately if it receives
112	112	a vote of two-thirds of all the members elected to each house, as
113	113	provided by Section 39, Article III, Texas Constitution. If this
114	114	Act does not receive the vote necessary for immediate effect, this
115	115	Act takes effect September 1, 2011.