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.