1. (a) The Commission may enter land where an emergency exists and other land necessary to have access to that land to:

   1. (1) restore, reclaim, abate, control, or prevent the adverse effects of coal mining practices; and
   2. (2) perform activities necessary or expedient to protect the public health, safety, or general welfare.
2. (b) Entry under this section shall be considered an exercise of the police power and not an act of condemnation of property or trespass.

Source Note:The provisions of this §12.818 adopted to be effective August 17, 1999, 24 TexReg 6283; amended to be effective December 9, 2019, 44 TexReg 7534.