Texas Coal Mining Goes Gender-Neutral in Rule Overhaul
Published Date: 1/14/2026
Rule
Summary
Texas is updating its surface mining rules to make them clearer, more modern, and fairer by using gender-neutral language and fixing outdated terms. These changes affect anyone involved in surface coal mining in Texas and take effect on February 13, 2026. No big costs or delays are expected—just smoother, smarter rules to keep mining safe and fair.
Analyzed Economic Effects
6 provisions identified: 2 benefits, 4 costs, 0 mixed.
Permit Fee Basis Clarified
If you hold a surface coal mining permit in Texas, the annual permit fee is now tied to the number of acres identified in the permit and approved by the Railroad Commission of Texas. The change aligns Texas rules with Federal regulations that allow a regulatory authority to develop procedures for how permit fees are paid over the term of a permit.
Shorter Permit Renewal Deadline
If you apply to renew a Texas surface coal mining permit, the deadline for receipt of renewal materials was shortened from 180 days to 120 days. This aligns the State deadline with the Federal counterpart.
Must Notify When Ceasing Operations
Texas added a requirement that permittees must notify the commission of the intent to permanently cease and abandon mining operations. The requirement appears in multiple sections of the Texas rules related to cessation of operations.
Applicants Must List Other Permit Dates
People applying for Texas surface coal mining permits must now provide the permit expiration date of all other licenses and permits as part of their applications (new requirement added to 16 TAC sec. 12.121(4) and 12.161(4)).
Updated Water Testing Standard
Texas updated its reference for the American Public Health Association's Standard Methods for the Examination of Water and Wastewater from the 15th edition to the 23rd edition. This changes which published testing methods are referenced in the regulations.
Hydrologic Consequences Rule Added
Texas added a Probable Hydrologic Consequences (PHC) subsection that closely copies the Federal requirement at 30 CFR 780.21(b)(3), clarifying how PHC determinations should be made for permit applications. The addition is intended to align State rules with the Federal counterpart.
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Key Dates
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