73R8685 MLR-F
By Saunders H.B. No. 1968
Substitute the following for H.B. No. 1968:
By Earley C.S.H.B. No. 1968
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of aggregate quarries and pits.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 133.003(13), (24), (25), and (26),
1-5 Natural Resources Code, are amended to read as follows:
1-6 (13) "In hazardous proximity to a public road" means
1-7 that distance beginning 200 feet from the nearest roadway edge
1-8 <outer right-of-way line> of a public road or highway to the pit
1-9 perimeter.
1-10 (24) "Roadway" means the part of the public road
1-11 intended for vehicular traffic that consists of an improved driving
1-12 surface constructed of concrete, asphalt, compacted soil, rock, or
1-13 other material.
1-14 (25) "Setback distance" means from the outer
1-15 right-of-way line of a public road or highway up to a distance of
1-16 25 feet.
1-17 (26) <(25)> "Site" means the tract of land on which is
1-18 located a pit and includes the immediate area on which the plant
1-19 used in the extraction of aggregates is located.
1-20 (27) <(26)> "Unacceptable unsafe location" means a
1-21 condition where the edge of a pit is located within 200 feet of a
1-22 public roadway <right-of-way> intersection <with a public road> in
1-23 a manner which, in the judgment of the commission:
2-1 (A) presents a significant risk of harm to
2-2 public motorists by reason of the proximity of the pit to the
2-3 roadway intersection; and,
2-4 (B) has no naturally occurring or artificially
2-5 constructed barrier or berm between the road and pit that would
2-6 likely prevent a motor vehicle from accidentally entering the pit
2-7 as the result of a motor vehicle collision at or near the
2-8 intersection; or which,
2-9 (C) in the opinion of the commission, is also at
2-10 any other location constituting a substantial dangerous risk to the
2-11 driving public, which condition can be rectified by the placement
2-12 of berms, barriers, guardrails, or other devices as prescribed by
2-13 this code.
2-14 SECTION 2. Sections 133.041(b) and (d), Natural Resources
2-15 Code, are amended to read as follows:
2-16 (b) A person responsible for an abandoned or inactive pit
2-17 must construct a barrier or other device required by this code
2-18 between a public road adjoining the site and the pit, provided that
2-19 the pit is in hazardous proximity to a public road and in an
2-20 unacceptable unsafe location. The commission may grant a waiver
2-21 from the barrier requirement if the person responsible for the
2-22 abandoned or inactive pit submits an application to the commission
2-23 showing that:
2-24 (1) a governmental entity obtained a right-of-way and
2-25 constructed a public road within 200 feet of the abandoned or
3-1 inactive pit before August 26, 1991; and
3-2 (2) the pit has remained abandoned or inactive since
3-3 the road was constructed.
3-4 (d) The barrier or other device must be completed not later
3-5 than the 90th day after the day on which the person responsible for
3-6 the quarry or pit receives a notice of approval under Section
3-7 133.048(b) of this code. An<, although an> additional time of not
3-8 more than 60 days may be granted by the commission for good cause
3-9 shown. If the responsible person must obtain an easement before
3-10 constructing the barrier or other device, the commission may grant
3-11 additional reasonable time to complete the barrier or other device.
3-12 SECTION 3. Sections 133.042(a) and (b), Natural Resources
3-13 Code, are amended to read as follows:
3-14 (a) A barrier constructed under Section 133.041 of this code
3-15 must:
3-16 (1) reach a height that the commission determines that
3-17 under the circumstances will obstruct, restrain, and prevent the
3-18 normal passage of vehicular traffic <at least twice the mid-axle
3-19 height of the largest motor vehicle that usually travels the public
3-20 road adjacent to the site>;
3-21 (2) be of substantial construction suitable for impact
3-22 under normal driving conditions; and
3-23 (3) have openings to the extent necessary for travel
3-24 on the premises and for public road drainage, although such
3-25 drainage paths must be covered with protective material,
4-1 substantial enough to turn away motor vehicular traffic that
4-2 normally travels the adjacent public road.
4-3 (b) The commission may not adopt construction standards for
4-4 barriers under Subsection (a) that are more stringent than the
4-5 Texas <State> Department of <Highways and Public> Transportation
4-6 standards <for barriers in comparable locations>.
4-7 SECTION 4. Section 133.045, Natural Resources Code, is
4-8 amended to read as follows:
4-9 Sec. 133.045. Safety Certificate Required. (a) A safety
4-10 certificate is required for an active, inactive, or abandoned
4-11 quarry or pit that is located in hazardous proximity to a public
4-12 road or is in an unacceptable unsafe location, excluding an
4-13 inactive or abandoned quarry or pit that receives a written waiver
4-14 from the commission.
4-15 (b) From and after November 1, 1991, unless a person
4-16 responsible for a quarry or pit has obtained from the commission a
4-17 certificate that a quarry or pit complies with this subchapter and
4-18 rules or orders adopted under this subchapter, and subject to
4-19 Subsection (c) <(b)> of this section, the person responsible may
4-20 not:
4-21 (1) open a new pit in hazardous proximity to a public
4-22 road; and
4-23 (2) locate a pit in an area wherein it is in an
4-24 unacceptable unsafe location; or
4-25 (3) reopen, operate, or abandon a quarry or pit that
5-1 is in hazardous proximity to a public road and in an unacceptable
5-2 unsafe location; and
5-3 (4) provided, however, that the person responsible
5-4 must have received a notice from the commission that the quarry or
5-5 pit requires the operator to obtain a safety certificate, before
5-6 that person is prohibited from operating or maintaining the quarry
5-7 or pit without a safety certificate.
5-8 (c) <(b)> Any person responsible who, on November 1, 1991,
5-9 is utilizing a portion of a site for quarrying operations,
5-10 including the stockpiling, sale, or processing of aggregates or a
5-11 combination thereof, or who has a current, valid, or outstanding
5-12 agreement or legal right to develop, utilize, or quarry the
5-13 property, shall be responsible for obtaining a safety certificate
5-14 limited to that specific pit area he is using or excavating or
5-15 intends to use or excavate.
5-16 (d) <(c)> A person responsible for a quarry or pit may
5-17 operate the pit during a period that is described by Subsection (a)
5-18 or (c) of Section 133.052 of this code.
5-19 (e) <(d)> In the event a quarry or pit previously not within
5-20 the proscribed distance in the definition of "in hazardous
5-21 proximity to a public road" and not initially within the purview of
5-22 "unacceptable unsafe location" later becomes subject to regulation
5-23 as the result of an expansion or relocation of an existing public
5-24 road or construction of a new public road, the person or entity
5-25 responsible for the expansion or relocation of the existing public
6-1 road or construction of a new public road shall be liable to report
6-2 the same to the commission within 90 days of the date the
6-3 expansion, relocation, or construction is finally accomplished.
6-4 (f) <(e)> The commission shall provide such rules and
6-5 regulations to require the person or entity responsible for the
6-6 expansion or relocation to erect berms or barriers.
6-7 (g) <(f)> For the purposes of this subsection, the person or
6-8 entity responsible for the erection of berms or barriers is that
6-9 person or entity having the original and initial legal authority
6-10 and responsibility for the initiation and contracting of the
6-11 expansion or relocation.
6-12 SECTION 5. Section 133.046(b), Natural Resources Code, is
6-13 amended to read as follows:
6-14 (b) An application for a safety certificate must contain not
6-15 more than:
6-16 (1) the name, address, and telephone number of the
6-17 person responsible for the quarry or pit;
6-18 (2) the name, address, and telephone number of the
6-19 owner or owners if different from the person responsible for the
6-20 quarry or pit;
6-21 (3) the type of quarrying activities, if any,
6-22 occurring on the site;
6-23 (4) a brief description of the site, including the
6-24 acreage outside and inside the pit;
6-25 (5) the distance of each pit perimeter from the
7-1 nearest roadway edge <right-of-way line> of each public road that
7-2 the site adjoins and the nearest intersection of any public or
7-3 private road or driveway;
7-4 (6) the depth in feet, below the top of the pit
7-5 highwall located between the pit and the roadway <right-of-way
7-6 line>, of the deepest excavation in the pit;
7-7 (7) a description of and a construction plan for any
7-8 barrier or other device allowed in this code to be constructed,
7-9 specifying the material to be used and the expected date of
7-10 completion; and
7-11 (8) any other information or condition that, in the
7-12 opinion of the operator or owner, constitutes an unacceptable
7-13 unsafe location, as defined or required by this Act that is
7-14 absolutely essential to the purposes of this Act.
7-15 SECTION 6. Section 133.051(a), Natural Resources Code, is
7-16 amended to read as follows:
7-17 (a) A person holding a safety certificate has the full
7-18 right, power, and authority to transfer the certificate upon the
7-19 sale, lease, or other transfer of title to the site, provided the
7-20 new owner, operator, lessor or lessee, or party in interest files a
7-21 written affidavit that:
7-22 (1) all barriers between a pit and the nearest roadway
7-23 edge <right-of-way line> of any public road comply with this
7-24 subchapter, and rules and orders adopted by this subchapter; and
7-25 (2) there will be no change, on or after the day of
8-1 the transfer of title or operation, in:
8-2 (A) the condition or location of a barrier; and
8-3 (B) the distance of a pit perimeter from:
8-4 (i) the nearest public road; and
8-5 (ii) the nearest intersection of a public
8-6 road and a private road or driveway <the nearest right-of-way line
8-7 of a public road or public or private intersection of a public road
8-8 or driveway that adjoins the site>.
8-9 SECTION 7. This Act takes effect September 1, 1993.
8-10 SECTION 8. The importance of this legislation and the
8-11 crowded condition of the calendars in both houses create an
8-12 emergency and an imperative public necessity that the
8-13 constitutional rule requiring bills to be read on three several
8-14 days in each house be suspended, and this rule is hereby suspended.