(a) 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) perform activities necessary or expedient to protect the public health, safety, or general welfare.
- (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.