By:  C. Harris                                         S.B. No. 102
       73R708 SHS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to county enforcement of the Texas Aggregate Quarry and
    1-3  Pit Safety Act.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 133.082, Natural Resources Code, is
    1-6  amended to read as follows:
    1-7        Sec. 133.082.  CIVIL PENALTY.  (a)  A person or responsible
    1-8  party who violates this chapter or a rule or order adopted under
    1-9  this chapter after due notice is liable <to the state> for a civil
   1-10  penalty of not less than $500 or more than $5,000 for each act of
   1-11  violation on a first offense.
   1-12        (b)  A person or responsible party who violates this chapter
   1-13  or a rule or order adopted under this chapter after due notice is
   1-14  liable <to the state> for a civil penalty of not less than $1,000
   1-15  or more than $10,000 for each act of violation on a second and
   1-16  subsequent offense.
   1-17        SECTION 2.  Section 133.083(a), Natural Resources Code, is
   1-18  amended to read as follows:
   1-19        (a)  The commission or a county in which a violation of this
   1-20  chapter or a rule or order adopted under this chapter is occurring
   1-21  or has occurred may enforce this chapter or a rule or order adopted
   1-22  under this chapter by injunction or other appropriate remedy.
   1-23        SECTION 3.  Section 133.084, Natural Resources Code, is
   1-24  amended to read as follows:
    2-1        Sec. 133.084.  RECOVERY OF COSTS.   (a)  A person responsible
    2-2  for a quarry or pit is liable to the state for customary, ordinary,
    2-3  and reasonable costs incurred by the commission in undertaking
    2-4  corrective or enforcement action under this chapter and for court
    2-5  costs and attorney's fees.
    2-6        (b)  A person responsible for a quarry or pit is liable to a
    2-7  county for customary, ordinary, and reasonable costs incurred by
    2-8  the county in undertaking enforcement action under this chapter and
    2-9  for court costs and attorney's fees.
   2-10        SECTION 4.  Section 133.085, Natural Resources Code, is
   2-11  amended by adding Subsection (d) to read as follows:
   2-12        (d)  A county in which a violation of this chapter or a rule
   2-13  or order adopted under this chapter is occurring or has occurred
   2-14  may bring suit for injunctive relief, civil penalty, or both, as
   2-15  appropriate, under this subchapter.
   2-16        SECTION 5.  Section 133.086, Natural Resources Code, is
   2-17  amended to read as follows:
   2-18        Sec. 133.086.  DISPOSITION OF PENALTIES AND COSTS.  (a)
   2-19  Money collected under Section 133.082 or 133.084 of this code shall
   2-20  be deposited in the state treasury to the credit of the Texas
   2-21  aggregates quarry and pit safety fund.
   2-22        (b)  Money collected under Section 133.082 of this code by a
   2-23  county shall be equally divided between the state and the county
   2-24  that brought the suit.  The state shall deposit its recovery in the
   2-25  state treasury to the credit of the Texas aggregates quarry and pit
   2-26  safety fund.
   2-27        SECTION 6.  The importance of this legislation and the
    3-1  crowded condition of the calendars in both houses create an
    3-2  emergency and an imperative public necessity that the
    3-3  constitutional rule requiring bills to be read on three several
    3-4  days in each house be suspended, and this rule is hereby suspended,
    3-5  and that this Act take effect and be in force from and after its
    3-6  passage, and it is so enacted.