Title NR, Natural Resources Code

Sec. 133.044. PROHIBITION AGAINST OPENING PITS. (a) From and after November 1, 1991, no person responsible may open a new pit on a site for the extraction of aggregates in this state wherein the pit perimeter will be less than 25 feet from the outer right-of-way line of any publi…

Sec. 133.045. SAFETY CERTIFICATE REQUIRED. (a) A safety certificate is required for an active, inactive, or abandoned quarry or pit that is located in hazardous proximity to a public road or is in an unacceptable unsafe location, excluding an inactive or abandoned quarry or pit t…

Sec. 133.046. FORM AND CONTENTS OF APPLICATION. (a) The department by rule shall prescribe the form of an application for a safety certificate. (b) An application for a safety certificate must contain not more than: (1) the name, address, and telephone number of the person respon…

Sec. 133.047. APPLICATION FEE. (a) The department may require the payment of an application fee. (b) The department shall set the fee in an amount reasonably necessary to cover the department's cost of carrying out this chapter, but not more than: (1) $500 for an active aggregate…

Sec. 133.048. REVIEW OF APPLICATION. (a) Not later than the 10th day after the day on which an application for a safety certificate is received, the department shall review the application and the plan and determine if each complies with this subchapter, and with rules or orders …

Sec. 133.049. INSPECTION OF BARRIERS. Within 15 days of the time in which construction of barriers required by Section 133.041 of this code and described in an approved application is required to be completed, the department may inspect those barriers to determine whether they me…

Sec. 133.050. ISSUANCE OF CERTIFICATE. (a) If, after inspection, the department determines that the barriers described in an approved application conform with the plan and comply with this subchapter, and the rules or orders adopted under this subchapter, the department must issu…

Sec. 133.051. TRANSFER OF CERTIFICATE AFTER TRANSFER OF TITLE. (a) A person holding a safety certificate has the full right, power, and authority to transfer the certificate upon the sale, lease, or other transfer of title to the site, provided the new owner, operator, lessor or …

Sec. 133.052. RECERTIFICATION AFTER TRANSFER OF TITLE. (a) Unless proper transfer affidavit is filed pursuant to this subchapter, or an application for an amended certificate as required by Subsection (b) of this section is pending, an existing safety certificate expires on the 9…

Sec. 133.053. DENIAL OR REVOCATION OF CERTIFICATE. (a) At its option, the department may not issue or approve the transfer of a certificate to a person who has violated this chapter or a rule or order adopted under this chapter. (b) The department may revoke or disapprove the tra…

Sec. 133.054. CESSATION OF ACTIVE PIT OPERATIONS. (a) The responsible party who plans or intends to cease active operations in a quarry or pit subject to the provisions of this code shall, 60 days prior to cessation of operations, notify the department of its intent and submit an…

Sec. 133.081. NOTICE OF VIOLATION; TIME TO CURE. (a) On receipt of a complaint or a violation of this chapter or a rule or order adopted under this chapter or on its own motion, the department must give the person responsible for the quarry or pit written notice of each alleged v…

Sec. 133.082. CIVIL PENALTY. (a) A person or responsible party who violates this chapter or a rule or order adopted under this chapter after due notice is liable to the state for a civil penalty of not less than $500 or more than $5,000 for each act of violation on a first offens…

Sec. 133.083. INJUNCTION. (a) The department may enforce this chapter or a rule or order adopted under this chapter by injunction or other appropriate remedy. (b) On application for injunctive or other relief and a finding that a person is violating or has violated this chapter o…

Sec. 133.084. RECOVERY OF COSTS. A person responsible for a quarry or pit is liable to the state for customary, ordinary, and reasonable costs incurred by the department in undertaking corrective or enforcement action under this chapter and for court costs and attorney's fees. Ad…

Sec. 133.085. PROCEDURE. (a) At the request of the department, the attorney general shall bring suit for injunctive or other relief, to recover a civil penalty or costs as provided by Section 133.082 or 133.084 of this code, or for both injunctive or other relief and to recover a…

Sec. 133.086. DISPOSITION OF PENALTIES AND COSTS. Money collected under Section 133.082 or 133.084 of this code shall be deposited in the state treasury to the credit of the Texas aggregates quarry and pit safety fund. Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,…

Sec. 133.087. COMPLIANCE. Compliance with this Act shall be admissible as evidence in any legal proceeding. Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991.

Sec. 133.088. GOVERNMENTAL LIABILITY. The provisions of this act shall not be construed to impose any liability upon a state governmental entity or county, or their officers or employees. Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991. Amended by Acts 1993, 73…

Sec. 133.091. COUNTY AUTHORITY TO REGULATE. A county with a population of 3.3 million or more may adopt regulations requiring the placement of signs or barriers on aggregate quarries and pits. Added by Acts 1993, 73rd Leg., ch. 693, Sec. 9, eff. Sept. 1, 1993. Amended by: Acts 20…

Sec. 133.092. AREA SUBJECT TO REGULATION. A regulation adopted under this subchapter applies only in the unincorporated area of the county. Added by Acts 1993, 73rd Leg., ch. 693, Sec. 9, eff. Sept. 1, 1993.

Sec. 133.093. CONFLICT WITH DEPARTMENT RULE. A county may not adopt regulations for aggregate quarries and pits which are regulated by the department. Added by Acts 1993, 73rd Leg., ch. 693, Sec. 9, eff. Sept. 1, 1993. Amended by: Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620), …

Sec. 133.121. USE OF MUNICIPAL QUARRY SITE LOCATED IN DIFFERENT MUNICIPALITY. (a) This section applies only to a rock quarry: (1) owned or leased by a municipality with a population of more than 650,000 according to the 2000 federal decennial census; (2) located in the boundaries…

Sec. 133.901. DISTANCE BETWEEN PIT AND PROPERTY LINE. (a) Except as provided by Subsection (b), at the time quarrying is completed, the distance from the edge of the consolidated material of a pit that does not have lateral support to the property line of the nearest property tha…

Sec. 134.001. SHORT TITLE. This chapter may be cited as the Texas Surface Coal Mining and Reclamation Act. Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.

Sec. 134.002. FINDINGS AND DECLARATION OF POLICY. The legislature finds and declares that: (1) the Congress of the United States has enacted the federal Act, which provides for the establishment of a nationwide program to regulate surface coal mining and reclamation and which ves…

Sec. 134.003. PURPOSES. It is the purpose of this chapter: (1) to prevent adverse effects to society and the environment from unregulated surface coal mining operations as defined by this chapter; (2) to assure that the rights of surface landowners and other persons with a legal …

Sec. 134.004. DEFINITIONS. In this chapter: (1) "Affected person" means a person having an interest that is or may be affected. (2) "Alluvial valley floors" means the unconsolidated stream-laid deposits holding streams where water availability is sufficient for subirrigation or f…

Sec. 134.005. EXEMPTIONS. (a) This chapter does not apply to the extraction of coal: (1) by a landowner for the landowner's own noncommercial use from land owned or leased by the landowner; or (2) incidental to federal, state, or local government-financed highway or other constru…

Sec. 134.006. WATER RIGHTS. This chapter does not affect the right of a person under other law to enforce or protect the person's interest in water resources affected by a surface coal mining operation. Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.

Sec. 134.007. CONFLICT OF INTEREST; OFFENSE. (a) An employee of the commission commits an offense if the employee knowingly: (1) performs a function or duty under this chapter; and (2) has a direct or indirect financial interest in an underground or surface coal mining operation.…

Sec. 134.008. APPLICABILITY TO GOVERNMENTAL UNITS. An agency, unit, or instrumentality of federal, state, or local government, including a publicly owned utility or publicly owned corporation of federal, state, or local government, that proposes to engage in surface coal mining o…

Sec. 134.011. GENERAL AUTHORITY OF COMMISSION. To accomplish the purposes of this chapter, the commission may: (1) adopt, amend, and enforce rules pertaining to surface coal mining and reclamation operations consistent with the general intent and purposes of this chapter; (2) iss…

Sec. 134.012. JURISDICTION OF COMMISSION OVER SURFACE COAL, IRON ORE, AND IRON ORE GRAVEL MINING AND RECLAMATION OPERATIONS. (a) The commission has exclusive jurisdiction over: (1) surface coal mining and reclamation operations in this state; and (2) iron ore and iron ore gravel …

Sec. 134.013. RULEMAKING AND PERMITTING. (a) The commission shall adopt rules pertaining to surface coal mining and reclamation operations required by this chapter. (b) The process of making and amending rules and issuing permits is subject to Chapter 2001, Government Code. (c) A…

Sec. 134.014. COAL EXPLORATION OPERATIONS. (a) A person who conducts coal exploration operations that substantially disturb the natural land surface shall comply with commission rules adopted to govern those operations. The rules shall require that before conducting the explorati…

Sec. 134.015. SURFACE EFFECTS OF UNDERGROUND MINING. (a) The commission shall adopt rules applicable to the surface effects of underground mining that are consistent with the federal Act and regulations adopted under that Act by the secretary of the interior. (b) This chapter app…

Sec. 134.016. DEVELOPMENT OF PROCESS FOR DESIGNATING AREAS UNSUITABLE FOR SURFACE COAL MINING. The commission shall develop a process for designating areas unsuitable for surface coal mining. The process shall include: (1) reviewing surface coal mining land; (2) developing a data…

Sec. 134.017. PETITION FOR DESIGNATION. (a) An affected person is entitled: (1) before an application is filed under Section 134.052, to petition the commission to designate an area unsuitable for surface coal mining operations; or (2) to petition the commission to terminate a de…

Sec. 134.018. HEARING ON DESIGNATION. (a) Not later than 10 months after the date the commission receives the petition, the commission shall hold a public hearing under Chapter 2001, Government Code, in the locality of the affected area. (b) After a person has filed a petition un…

Sec. 134.019. COMMISSION STATEMENT. Before designating a land area unsuitable for surface coal mining operations, the commission shall prepare a detailed statement on: (1) the potential coal resources of the area; (2) the demand for coal resources; and (3) the impact of the desig…

Sec. 134.020. DESIGNATION OF AREA AS UNSUITABLE FOR SURFACE COAL MINING. (a) On petition under Section 134.017, the commission shall designate an area unsuitable for all or certain types of surface coal mining operations if the commission determines that reclamation under this ch…

Sec. 134.021. INTEGRATION WITH LAND USE PLANNING AND REGULATION PROCESSES. Determinations of the unsuitability of land for surface coal mining under Sections 134.016 through 134.020 shall be integrated as closely as possible with present and future land use planning and regulatio…

Sec. 134.022. PROHIBITION ON SURFACE COAL MINING IN CERTAIN AREAS. (a) Surface coal mining operations may not be permitted: (1) that will adversely affect a publicly owned park or place included in the National Register of Historic Sites unless approved jointly by the commission …

Sec. 134.023. COOPERATIVE AGREEMENTS WITH FEDERAL GOVERNMENT. The commission may enter into cooperative agreements with the federal government under the federal Act. Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.

Sec. 134.024. EXPERIMENTAL PRACTICES. (a) The commission, with approval by the secretary of agriculture, may authorize experimental departures, in individual cases, from the environmental protection performance standards of this chapter to: (1) encourage advances in mining and re…