Texas Natural Resources Code 134.012 – Jurisdiction of Commission Over Surface Coal, Iron Ore, and Iron Ore Gravel Mining and Reclamation Operations
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(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 mining and reclamation operations in this state.
(b) This chapter governs iron ore and iron ore gravel mining and reclamation operations to the extent it can be made applicable.
Terms Used In Texas Natural Resources Code 134.012
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(c) The jurisdiction conferred by Subsection (a)(2) does not extend to:
(1) a mining or reclamation activity in progress on or before September 1, 1985; or
(2) a mining operation or reclamation activity that is conducted solely on real property owned in fee simple by the person authorizing the operation or reclamation activity and that is confined to a single, contiguous tract of land, if:
(A) the activity is conducted in an area not larger than 20 acres;
(B) the depth of the mining operation is restricted to 30 inches or less; and
(C) the fee simple owner receives surface damages.
(d) This chapter does not authorize the commission to adjudicate property title or property rights disputes.