86R13009 AJA-D
By: Zaffirini S.B. No. 2149
A BILL TO BE ENTITLED
AN ACT
relating to the appeal of certain decisions concerning mining
leases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 2, Civil Practice and Remedies
Code, is amended by adding Chapter 53 to read as follows:
CHAPTER 53. APPEAL OF CERTAIN DECISIONS
Sec. 53.001. APPEAL OF CERTAIN DECISIONS CONCERNING MINING
LEASES. (a) This section applies to a civil action on a dispute
between the lessee of a mining lease and the owner of a surface
estate burdened by the mining lease if the dispute concerns a mining
lease agreement entered into at least 20 years before the date the
action is commenced.
(b) If the lessee of a mining lease described by Subsection
(a) prevails in an action described by that subsection, the owner of
the surface estate is entitled to an injunction restraining the
lessee from proceeding with any activity under the trial court's
decision pending the owner's appeal of the decision if allowing the
lessee to proceed under the decision would lead to irreparable
damage to the surface estate.
(c) An appeal by the owner of the surface estate under this
section is an accelerated appeal for purposes of the Texas Rules of
Appellate Procedure.
SECTION 2. The change in law made by this Act applies only
to a civil action commenced on or after the effective date of this
Act.
SECTION 3. This Act takes effect September 1, 2019.