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.