Sec. 134.152. EMERGENCY POWERS. (a) The commission may spend money available for abandoned mine reclamation for the emergency restoration, reclamation, abatement, control, or prevention of the adverse effects of coal mining practices on eligible land and water if the commission finds that:
(1) an emergency exists constituting a danger to the public health, safety, or general welfare; and
(2) there is not another person who will act expeditiously to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices.
(b) The commission may enter land where an emergency exists and other land necessary to have access to that land to:
(1) restore, reclaim, abate, control, or prevent the adverse effects of coal mining practices; and
(2) do the things necessary or expedient to protect the public health, safety, or general welfare.
(c) Entry under this section is an exercise of the police power and not an act of condemnation of property or trespass.
(d) Money spent under this section and the benefits accruing to the premises entered are chargeable against the land and mitigate or offset a claim for, or an action brought by an owner of an interest in the premises for, damages by virtue of the entry. This subsection does not create a new right of action or eliminate an existing immunity.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
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