(a) No transfer, assignment, or sale of the rights granted under any permit issued pursuant to these rules shall be made without the written approval of the commission. Any person desiring to succeed to the interests of a permittee hereunder must file an application on a form prescribed by the commission setting out the following information.
  (1) Information relating to ownership and other mining activities of the applicant.
  (2) Proof that the public liability insurance requirement of §11.95(1) of this title (relating to Surface Mining Bonding, Insurance, and Payment of Fees) will be fulfilled.
  (3) Proof that the performance bond or other substitute collateral required in §11.95(3) of this title will be furnished.
  (4) The statement of the applicant that the applicant will faithfully carry out all of the requirements of the reclamation plan approved in the permit.
  (5) An affidavit of publication of notice from the newspaper of the greatest general circulation in the locality of the land affected.
(b) The application for transfer shall be approved, subsequent to notice and opportunity for public hearing, if any is required under §§11.91-11.100 of this title (relating to Term; Surface Mining Permit Application; Elements of Surface Mining Permit Application; Surface Mining Permit Application Approval; Surface Mining Bonding, Insurance, and Payment of Fees; Surface Mining Permit Issuance; Surface Mining Permit Renewal; Surface Mining Permit Transfer; Surface Mining Permit Approval; and Surface Mining Permit Denial), on the written finding by the commission that the following requirements have been met.
  (1) The terms and conditions of the existing permit are being satisfactorily met.
  (2) The performance bond or substitute collateral required under the terms of these sections will continue in full force and effect.
  (3) The transferee has provided any additional or revised information required by the commission.
  (4) Notice under §11.31 of this title (relating to Public Notice) has been provided with respect to the application for transfer.
(c) The application for transfer shall be denied if the transferee has had any permit issued hereunder revoked, or any bond posted to comply with the rules forfeited, and if the conditions causing the bond to be forfeited have not been corrected to the satisfaction of the commission.

Source Note: The provisions of this §11.98 adopted to be effective March 24, 1976, 1 TexReg 502; amended to be effective November 1, 2010, 35 TexReg 9724