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.