(a) A successor in interest to a permittee who is able to obtain the bond coverage of the original permittee may continue surface coal mining and reclamation operations according to the approved mining and reclamation plan and permit of the original permittee.
(b) Pursuant to §12.232(c)(3) of this title (relating to Transfer, Assignment, or Sale of Permit Rights: Obtaining Approval), any successor in interest seeking to change the conditions of mining or reclamation operations, or any of the terms or conditions of the original permit shall:
  (1) make application for a new permit under §§12.103 - 12.108 of this title (relating to General Requirements for Permits and Permit Applications), §§12.109 - 12.115 of this title (relating to General Requirements for Coal Exploration), §§12.116 - 12.123, 12.124 - 12.138, and 12.139 - 12.154 of this title (relating to Surface Mining Permit Applications--Minimum Requirements for Legal, Financial, Compliance, and Related Information, to Surface Mining Permit Applications--Minimum Requirements for Information on Environmental Resources, and to Surface Mining Permit Applications--Minimum Requirements for Reclamation and Operation Plan), §§12.156 - 12.163, 12.170 - 12.184, and 12.185 - 12.199 of this title (relating to Underground Mining Permit Applications--Minimum Requirements for Legal, Financial, Compliance, and Related Information, to Underground Mining Permit Applications--Minimum Requirements for Information on Environmental Resources, to and Underground Mining Permit Applications--Minimum Requirements for Reclamation and Operation Plan), §§12.200 - 12.205 and 12.207 - 12.221 of this title (relating to Requirements for Permits for Special Categories of Mining, and to Review, Public Participation, and Approval of Permit Applications and Permit Terms and Conditions), and §12.222 and §12.223 of this title (relating to Administrative and Judicial Review of Decisions by Commission on Permit Applications), if the change involves conducting operations outside the original permit area; or
  (2) make application for a revised permit under §12.226 of this title (relating to Permit Revisions).

Source Note: The provisions of this §12.233 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective December 29, 1998, 23 TexReg 13041; amended to be effective February 24, 2014, 39 TexReg 1121