| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 86R13009 AJA-D | |
| 2 | 2 | By: Zaffirini S.B. No. 2149 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to the appeal of certain decisions concerning mining | |
| 8 | 8 | leases. | |
| 9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 10 | 10 | SECTION 1. Subtitle D, Title 2, Civil Practice and Remedies | |
| 11 | 11 | Code, is amended by adding Chapter 53 to read as follows: | |
| 12 | 12 | CHAPTER 53. APPEAL OF CERTAIN DECISIONS | |
| 13 | 13 | Sec. 53.001. APPEAL OF CERTAIN DECISIONS CONCERNING MINING | |
| 14 | 14 | LEASES. (a) This section applies to a civil action on a dispute | |
| 15 | 15 | between the lessee of a mining lease and the owner of a surface | |
| 16 | 16 | estate burdened by the mining lease if the dispute concerns a mining | |
| 17 | 17 | lease agreement entered into at least 20 years before the date the | |
| 18 | 18 | action is commenced. | |
| 19 | 19 | (b) If the lessee of a mining lease described by Subsection | |
| 20 | 20 | (a) prevails in an action described by that subsection, the owner of | |
| 21 | 21 | the surface estate is entitled to an injunction restraining the | |
| 22 | 22 | lessee from proceeding with any activity under the trial court's | |
| 23 | 23 | decision pending the owner's appeal of the decision if allowing the | |
| 24 | 24 | lessee to proceed under the decision would lead to irreparable | |
| 25 | 25 | damage to the surface estate. | |
| 26 | 26 | (c) An appeal by the owner of the surface estate under this | |
| 27 | 27 | section is an accelerated appeal for purposes of the Texas Rules of | |
| 28 | 28 | Appellate Procedure. | |
| 29 | 29 | SECTION 2. The change in law made by this Act applies only | |
| 30 | 30 | to a civil action commenced on or after the effective date of this | |
| 31 | 31 | Act. | |
| 32 | 32 | SECTION 3. This Act takes effect September 1, 2019. |