(a) The Commission, its agents, employees, or contractors may enter land to perform reclamation activities or conduct studies or exploratory work to determine the existence of the adverse effects of past coal mining if consent from the owner is obtained pursuant to §12.813 of this title (relating to Written Consent for Entry).
(b) The Commission shall be entitled to enter any property to conduct studies or exploratory work to determine:
  (1) the existence of adverse effects of past coal mining practices; and
  (2) the feasibility of restoration, reclamation, abatement, control, or prevention of those adverse effects.
(c) The Commission shall be entitled to enter property adversely affected by past coal mining practices or other property necessary to have access to that property to perform the activities necessary or expedient to restore, reclaim, abate, control, or prevent the adverse effects if the Commission:
  (1) makes a finding of fact that:
    (A) land or water resources have been adversely affected by past coal mining practices;
    (B) the adverse effects are at a stage at which action to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices should be taken to protect the public interest; and
    (C) the owners of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices either are not known or readily available or will not permit this state or a political subdivision to enter the property to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices; and
  (2) gives written notice of intent to enter at least 30 days prior to entering the property:
    (A) to the owner, if known, by certified mail, return receipt requested. A copy of the findings required under paragraph (1) shall be included with the notice; or
    (B) if the owner is not known, or if the current mailing address of the owner is not known, notice shall be posted in one or more places on the property to be entered where the notice is readily visible to the public and advertised once in a newspaper of general circulation in the locality in which the land is located. The notice posted on the property and advertised in the newspaper shall include a statement of where the findings required under paragraph (1) of this subsection may be inspected or obtained.

Source Note: The provisions of this §12.814 adopted to be effective August 17, 1999, 24 TexReg 6283; amended to be effective December 9, 2019, 44 TexReg 7534