By Saunders                                           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 133.033(13), (24), (25), (26), and (27),
    1-5  Natural Resources Code, are amended to read as follows:
    1-6        (13)  "In hazardous proximity to a public road" means that
    1-7  distance beginning 200 feet from the nearest roadway edge <outer
    1-8  right-of-way line> of a public road or highway to the pit
    1-9  perimeter.
   1-10        (24)  "Roadway" means that part of a road intended for
   1-11  vehicular traffic and consists of an improved driving surface
   1-12  constructed of concrete, asphalt, compacted soil, rock, or other
   1-13  suitable material, and is limited to a "public road".
   1-14        (25)<(24)>  "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 condition
   1-21  where the edge of a pit is located within 200 feet of a public
   1-22  roadway intersection <right-of-way intersection with a public road>
   1-23  in a manner which, in the judgment of the commission:
    2-1              (A)  presents a significant risk of harm to public
    2-2  motorists by reason of the proximity of the pit to the roadway
    2-3  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 any
   2-10  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.  Section 133.041(b), Natural Resources Code, is
   2-15  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 pit
   2-22  demonstrates in an application to the commission the following:
   2-23              (1)  a governmental agency, county, or city obtained
   2-24  right-of-way and constructed a public road within 200 feet of the
   2-25  inactive or abandoned pit prior to August 26, 1991;
    3-1              (2)  the pit remained inactive or abandoned after the
    3-2  public road was constructed.
    3-3        SECTION 3.  Sections 133.042(a) and (b), Natural Resources
    3-4  Code, are amended to read as follows:
    3-5        (a)  A barrier constructed under Section 133.041 of this code
    3-6  must:
    3-7              (1)  reach a height of at least 42 inches for quarries
    3-8  and pits located within 100 feet of a public roadway <reach a
    3-9  height at least twice the mid-axle height of the largest motor
   3-10  vehicle that usually travels the public road adjacent to the site>;
   3-11              (2)  reach a height of at least 27 inches for quarries
   3-12  and pits located between 100 feet and 200 feet from a public
   3-13  roadway;
   3-14              (3)<(2)>  be of substantial construction suitable for
   3-15  impact under normal driving conditions;
   3-16              (4)<(3)>  have openings to the extent necessary for
   3-17  travel on the premises and for public road drainage, although such
   3-18  drainage paths must be covered with protective material,
   3-19  substantial enough to turn away motor vehicular traffic that
   3-20  normally travels the adjacent public road.
   3-21        (b)  The commission may not adopt construction standards for
   3-22  barriers constructed under Section 133.042(a)(2) of this code that
   3-23  are more stringent than the State Department of Highways and Public
   3-24  Transportation standards <for barriers in comparable locations>.
   3-25        SECTION 4.  Section 133.045, Natural Resources code, is
    4-1  amended to read as follows:
    4-2        Sec. 133.045.  Safety Certificate Required.  (a)  A Safety
    4-3  Certificate is required for any active, inactive and abandoned
    4-4  quarry or pit that is located in hazardous proximity to a public
    4-5  road or unacceptable unsafe location, except inactive or abandoned
    4-6  pits which have received a written waiver from the commission.
    4-7        (b)<(a)>  From and after November 1, 1991, unless a person
    4-8  responsible for a quarry or pit has obtained from the commission a
    4-9  certificate that a quarry or pit complies with this subchapter and
   4-10  rules or orders adopted under this subchapter, and subject to
   4-11  Subsection (b) of this section, the person responsible may not:
   4-12              (1)  open a new pit in hazardous proximity to a public
   4-13  road; and
   4-14              (2)  locate a pit in an area wherein it is in an
   4-15  unacceptable unsafe location; or
   4-16              (3)  reopen, operate, or abandon a quarry or pit that
   4-17  is in hazardous proximity to a public road and in an unacceptable
   4-18  unsafe location; and
   4-19              (4)  provided, however, that the person responsible
   4-20  must have received a notice from the commission that the quarry or
   4-21  pit requires the operator to obtain a safety certificate, before
   4-22  that person is prohibited from operating or maintaining the quarry
   4-23  or pit without a safety certificate.
   4-24        (c)<(b)>  Any person responsible who, on November 1, 1991, is
   4-25  utilizing a portion of a site for quarrying operations, including
    5-1  the stockpiling, sale, or processing of aggregates or a combination
    5-2  thereof, or who has a current, valid, or outstanding agreement or
    5-3  legal right to develop, utilize, or quarry the property, shall be
    5-4  responsible for obtaining a safety certificate limited to that
    5-5  specific pit area he is using or excavating or intends to use or
    5-6  excavate.
    5-7        (d)<(c)>  A person responsible for a quarry or pit may
    5-8  operate the pit during a period that is described by Subsection (a)
    5-9  or (c) of Section 133.052 of this code.
   5-10        (e)<(d)>  In the event a quarry or pit previously not within
   5-11  the proscribed distance in the definition of "in hazardous
   5-12  proximity to a public road" and not initially within the purview of
   5-13  "unacceptable unsafe location" later becomes subject to regulation
   5-14  as the result of an expansion or relocation of an existing public
   5-15  road or construction of a new public road, the person or entity
   5-16  responsible for the expansion or relocation of the existing public
   5-17  road or construction of a new public road shall be liable to report
   5-18  the same to the commission within 90 days of the date the
   5-19  expansion, relocation, or construction is finally accomplished.
   5-20        (f)<(e)>  The commission shall provide such rules and
   5-21  regulations to require the person or entity responsible for the
   5-22  expansion or relocation to erect berms or barriers.
   5-23        (g)<(f)>  For the purposes of this subsection, the person or
   5-24  entity responsible for the erection of berms or barriers is that
   5-25  person or entity having the original and initial legal authority
    6-1  and responsibility for the initiation and contracting of the
    6-2  expansion or relocation.
    6-3        SECTION 5.  Section 133.046(b), Natural Resources Code, is
    6-4  amended to read as follows:
    6-5        (b)  An application for a safety certificate must contain not
    6-6  more than:
    6-7              (1)  the name, address, and telephone number of the
    6-8  person responsible for the quarry or pit;
    6-9              (2)  the name, address, and telephone number of the
   6-10  owner or owners if different from the person responsible for the
   6-11  quarry or pit;
   6-12              (3)  the type of quarrying activities, if any,
   6-13  occurring on the site;
   6-14              (4)  a brief description of the site, including the
   6-15  acreage outside and inside the pit;
   6-16              (5)  the distance of each pit perimeter from the
   6-17  nearest roadway edge <right-of-way line> of each public road that
   6-18  the site adjoins and the nearest intersection of any public or
   6-19  private road or driveway;
   6-20              (6)  the depth in feet, below the top of pit highwall
   6-21  located between the pit and the roadway <right-of-way line>, of the
   6-22  deepest excavation in the pit;
   6-23              (7)  a description of and a construction plan for any
   6-24  barrier or other device allowed in this code to be constructed,
   6-25  specifying the material to be used and the expected date of
    7-1  completion; and
    7-2              (8)  any other information or condition that, in the
    7-3  opinion of the operator or owner, constitutes an unacceptable
    7-4  unsafe location, as defined or required by this Act that is
    7-5  absolutely essential to the purposes of this Act.
    7-6        SECTION 6.  Section 133.051(a), Natural Resources Code, is
    7-7  amended to read as follows:
    7-8        (a)  A person holding a safety certificate has the full
    7-9  right, power, and authority to transfer the certificate upon the
   7-10  sale, lease, or other transfer of title to the site, provided the
   7-11  new owner, operator, lessor or lessee, or party in interest files a
   7-12  written affidavit that:
   7-13              (1)  all barriers between a pit and the nearest roadway
   7-14  edge <right-of-way line> of any public road comply with this
   7-15  subchapter, and rules and orders adopted by this subchapter; and
   7-16              (2)  there will be no change, on or after the day of
   7-17  the transfer of title or operation, in:
   7-18                    (A)  the condition or location of a barrier; and
   7-19                    (B)  the distance of a pit perimeter from both
   7-20  (i) the nearest public road, and (ii) the nearest intersection of a
   7-21  public road with a public or private road or driveway. <the nearest
   7-22  right-of-way line of a public road or public or private
   7-23  intersection of a public road or driveway that adjoins the site.>
   7-24        SECTION 7.  This Act takes effect September 1, 1993.
   7-25        SECTION 8.  EMERGENCY.  The importance of this legislation
    8-1  and the crowded condition of the calendars in both houses create an
    8-2  emergency and an imperative public necessity that the
    8-3  constitutional rule requiring bills to be read on three several
    8-4  days in each house be suspended, and this rule is hereby suspended.