§ 134.173 — CIVIL ACTION.

Texas § 134.173

• Jurisdiction: Texas
• Code NR: Natural Resources Code

Text

Sec. 134.173. CIVIL ACTION. (a) The commission may request the attorney general to institute a civil action for relief, including a permanent or temporary injunction, restraining order, or other appropriate order, if the permit holder:
(1) violates, fails, or refuses to comply with an order or decision issued by the commission under this chapter;
(2) interferes with, hinders, or delays the commission or its authorized representative in carrying out Sections 134.161 through 134.172 ;
(3) refuses to admit an authorized representative to the mine;
(4) refuses to allow an authorized representative to inspect the mine;
(5) refuses to furnish information or a report requested by the commission under the commission's rules; or
(6) refuses to allow access to and copying of records the commission determines reasonably necessary to carry out this chapter.
(b) The action shall be brought in a district court in Travis County or in the county in which the greater part of the surface mining and reclamation operation is located.
(c) The court has jurisdiction to provide appropriate relief.
(d) Relief granted by the court to enforce Subsection (a)(1) continues in effect until the earlier of the date on which:
(1) all proceedings for review of the order are completed or finally terminated; or
(2) the court sets aside or modifies the order.

Legislative History

Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.