1-1 By: Saunders (Senate Sponsor - Armbrister) H.B. No. 1968
1-2 (In the Senate - Received from the House May 5, 1993;
1-3 May 6, 1993, read first time and referred to Committee on Natural
1-4 Resources; May 25, 1993, reported favorably, as amended, by the
1-5 following vote: Yeas 7, Nays 0; May 25, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Sims x
1-9 Truan x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Brown x
1-14 Carriker x
1-15 Lucio x
1-16 Montford x
1-17 Ratliff x
1-18 Shelley x
1-19 COMMITTEE AMENDMENT NO. 1 By: Shelley
1-20 Amend H.B. 1968 by inserting new sections 7 through 12 and
1-21 renumbering the remaining sections accordingly:
1-22 SECTION 7. Section 133.082, Natural Resources Code, is
1-23 amended to read as follows:
1-24 Sec. 133.082. Civil Penalty. (a) A person or responsible
1-25 party who violates this chapter or a rule or order adopted under
1-26 this chapter after due notice is liable <to the state> for a civil
1-27 penalty of not less than $500 or more than $5,000 for each act of
1-28 violation on a first offense.
1-29 (b) A person or responsible party who violates this chapter
1-30 or a rule or order adopted under this chapter after due notice is
1-31 liable <to the state> for a civil penalty of not less than $1,000
1-32 or more than $10,000 for each act of violation on a second and
1-33 subsequent offense.
1-34 SECTION 8. Section 133.083(a), Natural Resources Code, is
1-35 amended to read as follows:
1-36 (a) The commission or a county in which a violation of this
1-37 chapter or a rule or order adopted under this chapter is occurring
1-38 or has occurred may enforce this chapter or a rule or order adopted
1-39 under this chapter by injunction or other appropriate remedy.
1-40 SECTION 9. Section 133.084, Natural Resources Code, is
1-41 amended to read as follows:
1-42 Sec. 133.084. Recovery of Costs. (a) A person responsible
1-43 for a quarry or pit is liable to the state for customary, ordinary,
1-44 and reasonable costs incurred by the commission in undertaking
1-45 corrective or enforcement action under this chapter and for court
1-46 costs and attorney's fees.
1-47 (b) A person responsible for a quarry or pit is liable to a
1-48 county for customary, ordinary, and reasonable costs incurred by
1-49 the county in undertaking enforcement action under this chapter and
1-50 for court costs and attorney's fees.
1-51 SECTION 10. Section 133.085, Natural Resources Code, is
1-52 amended by adding Subsection (d) to read as follows:
1-53 (d) A county in which a violation of this chapter or a rule
1-54 or order adopted under this chapter is occurring or has occurred
1-55 may bring suit for injunctive relief, civil penalty, or both, as
1-56 appropriate, under this subchapter.
1-57 SECTION 11. Section 133.086, Natural Resources Code, is
1-58 amended to read as follows:
1-59 Sec. 133.086. Disposition of Penalties and Costs.
1-60 (a) Money collected under Section 133.082 or 133.084 of this code
1-61 shall be deposited in the state treasury to the credit of the Texas
1-62 aggregates quarry and pit safety fund.
1-63 (b) Money collected under Section 133.082 of this code in a
1-64 suit brought by a county shall be retained by that county. Money
1-65 collected under that section in a suit brought by the state shall
1-66 be equally divided between the state and the county in which the
1-67 violation occurred. The state shall deposit its share of the
1-68 recovery in the state treasury to the credit of the Texas
2-1 aggregates quarry and pit safety fund.
2-2 SECTION 12. Chapter 133, Natural Resources Code, is amended
2-3 by adding Subchapter F to read as follows:
2-4 SUBCHAPTER F. AUTHORITY TO REGULATE QUARRIES AND
2-5 PITS IN CERTAIN COUNTIES
2-6 Sec. 133.091. COUNTY AUTHORITY TO REGULATE. A county with a
2-7 population of 2.4 million or more may adopt regulations requiring
2-8 the placement of safety devices on aggregate quarries and pits.
2-9 Sec. 133.092. AREA SUBJECT TO REGULATION. A regulation
2-10 adopted under this subchapter applies only in the unincorporated
2-11 area of the county.
2-12 Sec. 133.093. CONFLICT WITH COMMISSION RULE. If a
2-13 regulation adopted under this subchapter conflicts with a
2-14 commission rule, the commission rule prevails.
2-15 A BILL TO BE ENTITLED
2-16 AN ACT
2-17 relating to the regulation of aggregate quarries and pits.
2-18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
2-19 SECTION 1. Sections 133.003(13), (24), (25), and (26),
2-20 Natural Resources Code, are amended to read as follows:
2-21 (13) "In hazardous proximity to a public road" means
2-22 that distance beginning 200 feet from the nearest roadway edge
2-23 <outer right-of-way line> of a public road or highway to the pit
2-24 perimeter.
2-25 (24) "Roadway" means the part of the public road
2-26 intended for vehicular traffic that consists of an improved driving
2-27 surface constructed of concrete, asphalt, compacted soil, rock, or
2-28 other material.
2-29 (25) "Setback distance" means from the outer
2-30 right-of-way line of a public road or highway up to a distance of
2-31 25 feet.
2-32 (26) <(25)> "Site" means the tract of land on which is
2-33 located a pit and includes the immediate area on which the plant
2-34 used in the extraction of aggregates is located.
2-35 (27) <(26)> "Unacceptable unsafe location" means a
2-36 condition where the edge of a pit is located within 200 feet of a
2-37 public roadway <right-of-way> intersection <with a public road> in
2-38 a manner which, in the judgment of the commission:
2-39 (A) presents a significant risk of harm to
2-40 public motorists by reason of the proximity of the pit to the
2-41 roadway intersection; and,
2-42 (B) has no naturally occurring or artificially
2-43 constructed barrier or berm between the road and pit that would
2-44 likely prevent a motor vehicle from accidentally entering the pit
2-45 as the result of a motor vehicle collision at or near the
2-46 intersection; or which,
2-47 (C) in the opinion of the commission, is also at
2-48 any other location constituting a substantial dangerous risk to the
2-49 driving public, which condition can be rectified by the placement
2-50 of berms, barriers, guardrails, or other devices as prescribed by
2-51 this code.
2-52 SECTION 2. Sections 133.041(b) and (d), Natural Resources
2-53 Code, are amended to read as follows:
2-54 (b) A person responsible for an abandoned or inactive pit
2-55 must construct a barrier or other device required by this code
2-56 between a public road adjoining the site and the pit, provided that
2-57 the pit is in hazardous proximity to a public road and in an
2-58 unacceptable unsafe location. The commission may grant a waiver
2-59 from the barrier requirement if the person responsible for the
2-60 abandoned or inactive pit submits an application to the commission
2-61 showing that:
2-62 (1) a governmental entity obtained a right-of-way and
2-63 constructed a public road within 200 feet of the abandoned or
2-64 inactive pit before August 26, 1991; and
2-65 (2) the pit has remained abandoned or inactive since
2-66 the road was constructed.
2-67 (d) The barrier or other device must be completed not later
2-68 than the 90th day after the day on which the person responsible for
2-69 the quarry or pit receives a notice of approval under Section
2-70 133.048(b) of this code. An<, although an> additional time of not
3-1 more than 60 days may be granted by the commission for good cause
3-2 shown. If the responsible person must obtain an easement before
3-3 constructing the barrier or other device, the commission may grant
3-4 additional reasonable time to complete the barrier or other device.
3-5 SECTION 3. Sections 133.042(a) and (b), Natural Resources
3-6 Code, are amended to read as follows:
3-7 (a) A barrier constructed under Section 133.041 of this code
3-8 must:
3-9 (1) reach a height that the commission determines that
3-10 under the circumstances will obstruct, restrain, and prevent the
3-11 normal passage of vehicular traffic <at least twice the mid-axle
3-12 height of the largest motor vehicle that usually travels the public
3-13 road adjacent to the site>;
3-14 (2) be of substantial construction suitable for impact
3-15 under normal driving conditions; and
3-16 (3) have openings to the extent necessary for travel
3-17 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 under Subsection (a) that are more stringent than the
3-23 Texas <State> Department of <Highways and Public> Transportation
3-24 standards <for barriers in comparable locations>.
3-25 SECTION 4. Section 133.045, Natural Resources Code, is
3-26 amended to read as follows:
3-27 Sec. 133.045. Safety Certificate Required. (a) A safety
3-28 certificate is required for an active, inactive, or abandoned
3-29 quarry or pit that is located in hazardous proximity to a public
3-30 road or is in an unacceptable unsafe location, excluding an
3-31 inactive or abandoned quarry or pit that receives a written waiver
3-32 from the commission.
3-33 (b) From and after November 1, 1991, unless a person
3-34 responsible for a quarry or pit has obtained from the commission a
3-35 certificate that a quarry or pit complies with this subchapter and
3-36 rules or orders adopted under this subchapter, and subject to
3-37 Subsection (c) <(b)> of this section, the person responsible may
3-38 not:
3-39 (1) open a new pit in hazardous proximity to a public
3-40 road; and
3-41 (2) locate a pit in an area wherein it is in an
3-42 unacceptable unsafe location; or
3-43 (3) reopen, operate, or abandon a quarry or pit that
3-44 is in hazardous proximity to a public road and in an unacceptable
3-45 unsafe location; and
3-46 (4) provided, however, that the person responsible
3-47 must have received a notice from the commission that the quarry or
3-48 pit requires the operator to obtain a safety certificate, before
3-49 that person is prohibited from operating or maintaining the quarry
3-50 or pit without a safety certificate.
3-51 (c) <(b)> Any person responsible who, on November 1, 1991,
3-52 is utilizing a portion of a site for quarrying operations,
3-53 including the stockpiling, sale, or processing of aggregates or a
3-54 combination thereof, or who has a current, valid, or outstanding
3-55 agreement or legal right to develop, utilize, or quarry the
3-56 property, shall be responsible for obtaining a safety certificate
3-57 limited to that specific pit area he is using or excavating or
3-58 intends to use or excavate.
3-59 (d) <(c)> A person responsible for a quarry or pit may
3-60 operate the pit during a period that is described by Subsection (a)
3-61 or (c) of Section 133.052 of this code.
3-62 (e) <(d)> In the event a quarry or pit previously not within
3-63 the proscribed distance in the definition of "in hazardous
3-64 proximity to a public road" and not initially within the purview of
3-65 "unacceptable unsafe location" later becomes subject to regulation
3-66 as the result of an expansion or relocation of an existing public
3-67 road or construction of a new public road, the person or entity
3-68 responsible for the expansion or relocation of the existing public
3-69 road or construction of a new public road shall be liable to report
3-70 the same to the commission within 90 days of the date the
4-1 expansion, relocation, or construction is finally accomplished.
4-2 (f) <(e)> The commission shall provide such rules and
4-3 regulations to require the person or entity responsible for the
4-4 expansion or relocation to erect berms or barriers.
4-5 (g) <(f)> For the purposes of this subsection, the person or
4-6 entity responsible for the erection of berms or barriers is that
4-7 person or entity having the original and initial legal authority
4-8 and responsibility for the initiation and contracting of the
4-9 expansion or relocation.
4-10 SECTION 5. Section 133.046(b), Natural Resources Code, is
4-11 amended to read as follows:
4-12 (b) An application for a safety certificate must contain not
4-13 more than:
4-14 (1) the name, address, and telephone number of the
4-15 person responsible for the quarry or pit;
4-16 (2) the name, address, and telephone number of the
4-17 owner or owners if different from the person responsible for the
4-18 quarry or pit;
4-19 (3) the type of quarrying activities, if any,
4-20 occurring on the site;
4-21 (4) a brief description of the site, including the
4-22 acreage outside and inside the pit;
4-23 (5) the distance of each pit perimeter from the
4-24 nearest roadway edge <right-of-way line> of each public road that
4-25 the site adjoins and the nearest intersection of any public or
4-26 private road or driveway;
4-27 (6) the depth in feet, below the top of the pit
4-28 highwall located between the pit and the roadway <right-of-way
4-29 line>, of the deepest excavation in the pit;
4-30 (7) a description of and a construction plan for any
4-31 barrier or other device allowed in this code to be constructed,
4-32 specifying the material to be used and the expected date of
4-33 completion; and
4-34 (8) any other information or condition that, in the
4-35 opinion of the operator or owner, constitutes an unacceptable
4-36 unsafe location, as defined or required by this Act that is
4-37 absolutely essential to the purposes of this Act.
4-38 SECTION 6. Section 133.051(a), Natural Resources Code, is
4-39 amended to read as follows:
4-40 (a) A person holding a safety certificate has the full
4-41 right, power, and authority to transfer the certificate upon the
4-42 sale, lease, or other transfer of title to the site, provided the
4-43 new owner, operator, lessor or lessee, or party in interest files a
4-44 written affidavit that:
4-45 (1) all barriers between a pit and the nearest roadway
4-46 edge <right-of-way line> of any public road comply with this
4-47 subchapter, and rules and orders adopted by this subchapter; and
4-48 (2) there will be no change, on or after the day of
4-49 the transfer of title or operation, in:
4-50 (A) the condition or location of a barrier; and
4-51 (B) the distance of a pit perimeter from:
4-52 (i) the nearest public road; and
4-53 (ii) the nearest intersection of a public
4-54 road and a private road or driveway <the nearest right-of-way line
4-55 of a public road or public or private intersection of a public road
4-56 or driveway that adjoins the site>.
4-57 SECTION 7. This Act takes effect September 1, 1993.
4-58 SECTION 8. The importance of this legislation and the
4-59 crowded condition of the calendars in both houses create an
4-60 emergency and an imperative public necessity that the
4-61 constitutional rule requiring bills to be read on three several
4-62 days in each house be suspended, and this rule is hereby suspended.
4-63 * * * * *
4-64 Austin,
4-65 Texas
4-66 May 25, 1993
4-67 Hon. Bob Bullock
4-68 President of the Senate
4-69 Sir:
4-70 We, your Committee on Natural Resources to which was referred H.B.
5-1 No. 1968, have had the same under consideration, and I am
5-2 instructed to report it back to the Senate with the recommendation
5-3 that it do pass, as amended, and be printed.
5-4 Sims,
5-5 Chairman
5-6 * * * * *
5-7 WITNESSES
5-8 FOR AGAINST ON
5-9 ___________________________________________________________________
5-10 Name: Melvin Hodgkiss x
5-11 Representing: Railroad Commission
5-12 City: Austin
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