82R20130 ACP-F
By: Crownover H.B. No. 2963
Substitute the following for H.B. No. 2963:
By: Craddick C.S.H.B. No. 2963
A BILL TO BE ENTITLED
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.