Bill Text: TX SB2149 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the appeal of certain decisions concerning mining leases.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-21 - Referred to Natural Resources & Economic Development [SB2149 Detail]
Download: Texas-2019-SB2149-Introduced.html
| 86R13009 AJA-D | ||
| By: Zaffirini | S.B. No. 2149 | |
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| relating to the appeal of certain decisions concerning mining | ||
| leases. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle D, Title 2, Civil Practice and Remedies | ||
| Code, is amended by adding Chapter 53 to read as follows: | ||
| CHAPTER 53. APPEAL OF CERTAIN DECISIONS | ||
| Sec. 53.001. APPEAL OF CERTAIN DECISIONS CONCERNING MINING | ||
| LEASES. (a) This section applies to a civil action on a dispute | ||
| between the lessee of a mining lease and the owner of a surface | ||
| estate burdened by the mining lease if the dispute concerns a mining | ||
| lease agreement entered into at least 20 years before the date the | ||
| action is commenced. | ||
| (b) If the lessee of a mining lease described by Subsection | ||
| (a) prevails in an action described by that subsection, the owner of | ||
| the surface estate is entitled to an injunction restraining the | ||
| lessee from proceeding with any activity under the trial court's | ||
| decision pending the owner's appeal of the decision if allowing the | ||
| lessee to proceed under the decision would lead to irreparable | ||
| damage to the surface estate. | ||
| (c) An appeal by the owner of the surface estate under this | ||
| section is an accelerated appeal for purposes of the Texas Rules of | ||
| Appellate Procedure. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to a civil action commenced on or after the effective date of this | ||
| Act. | ||
| SECTION 3. This Act takes effect September 1, 2019. | ||
