By:  Moncrief                                          S.B. No. 648
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the safety and regulation of certain aggregate pits and
    1-2  quarries.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 133.003, Natural Resources Code, is
    1-5  amended by amending Subdivisions (13) and (26) and adding
    1-6  Subdivision (27) to read as follows:
    1-7              (13)  "In hazardous proximity to a public road" means
    1-8  within that distance beginning 200 feet from the outer right-of-way
    1-9  line of a public road or highway to the pit perimeter.
   1-10              (26)  "Unacceptable unsafe location" means a condition
   1-11  in which <where the edge of> a pit perimeter is located within 200
   1-12  feet of the outer <a> right-of-way line of a public road or highway
   1-13  <intersection with a public road> in a manner which, in the
   1-14  judgment of the commission,<:>
   1-15                    <(A)>  presents a significant risk of harm to
   1-16  public motorists by reason of the proximity of the pit to the
   1-17  roadway <intersection;> and<,>
   1-18                    <(B)>  has no naturally occurring or artificially
   1-19  constructed barrier or berm between the road and pit that would
   1-20  likely prevent a motor vehicle from accidentally entering the pit
   1-21  as the result of a motor vehicle collision <at or near the
   1-22  intersection;> or which,
   1-23                    <(C)>  in the judgment <opinion> of the
    2-1  commission, constitutes <is also at any other location
    2-2  constituting> a substantial dangerous risk to the driving public,
    2-3  which condition can be rectified by the placement of berms,
    2-4  barriers, guardrails, or other devices as prescribed by this code.
    2-5              (27)  "Undisturbed buffer" means an area of trees and
    2-6  vegetation native to the area of the pit location, which area has
    2-7  not previously been razed, damaged, or destroyed.
    2-8        SECTION 2.  Subsection (c), Section 133.041, Natural
    2-9  Resources Code, is amended to read as follows:
   2-10        (c)  The responsible party may choose to slope the sidewalls
   2-11  of a pit in place of constructing a berm or barrier, provided that
   2-12  in the opinion of the responsible party such corrective measure
   2-13  better serves the public safety and provided that the slope extends
   2-14  from the outer edge of the slope to a position that is at least 200
   2-15  feet from the outer right-of-way line of a public road or highway
   2-16  and does <shall> not exceed 10 <30> degrees from the horizontal.
   2-17        SECTION 3.  Subsection (a), Section 133.042, Natural
   2-18  Resources Code, is amended to read as follows:
   2-19        (a)  A barrier constructed under Section 133.041 of this code
   2-20  must:
   2-21              (1)  reach a height at least twice the mid-axle height
   2-22  of the largest motor vehicle that usually travels the public road
   2-23  adjacent to the site;
   2-24              (2)  be of substantial construction suitable for impact
   2-25  under normal driving conditions;
    3-1              (3)  have openings to the extent necessary for travel
    3-2  on the premises and for public road drainage, although such
    3-3  drainage paths must be covered with protective material,
    3-4  substantial enough to turn away motor vehicular traffic that
    3-5  normally travels the adjacent public road;
    3-6              (4)  extend at least 300 feet in each direction along
    3-7  the roadway from each point at which the pit is within 200 feet of
    3-8  the outer right-of-way line; and
    3-9              (5)  if a berm, be constructed of consolidated material
   3-10  with a top width of not less than two feet and with side slopes in
   3-11  a ratio of two units in the horizontal direction to one unit in the
   3-12  vertical direction.
   3-13        SECTION 4.  Subchapter D, Chapter 133, Natural Resources
   3-14  Code, is amended by adding Section 133.0421 to read as follows:
   3-15        Sec. 133.0421.  UNDISTURBED BUFFERS.  (a)  An undisturbed
   3-16  buffer must extend around the perimeter of the pit and have a width
   3-17  of five percent of the width of the pit, as determined by the
   3-18  commission, but shall be not less than 25 feet wide and may not be
   3-19  required to be more than 250 feet wide.
   3-20        (b)  The undisturbed buffer is to be left in a natural state
   3-21  with no loss of the screening associated with trees and native
   3-22  vegetation.
   3-23        (c)  If the buffer has previously been razed, damaged, or
   3-24  destroyed, the responsible party must restore the area to its
   3-25  undisturbed state through the planting of trees and vegetation
    4-1  native to the area and subsequently preserve the area as an
    4-2  undisturbed buffer.
    4-3        SECTION 5.  Subsection (c), Section 133.044, Natural
    4-4  Resources Code, is amended to read as follows:
    4-5        (c)  The quarry safety plan must:
    4-6              (1)  set out the information required in Section
    4-7  133.046 et seq. of this code; and
    4-8              (2)  be filed by the applicant at least 60 days prior
    4-9  to the opening of the pit; and
   4-10              (3)  contain a statement as to the yearly progress of
   4-11  the encroachment of the pit perimeter within the hazardous
   4-12  proximity to a public road, if any, and the type of berm or barrier
   4-13  or other device required by this code that will be erected; and
   4-14              (4)  contain a statement detailing the pit closure plan
   4-15  required by Section 133.0441 of this code; and
   4-16              (5)  be in writing, certified, and sworn to by the
   4-17  applicant; and
   4-18              (6) <(5)>  contain any other information relating to
   4-19  safety matters as the commission by rule or regulation deems
   4-20  essential to the implementation of this code.
   4-21        SECTION 6.  Subchapter D, Chapter 133, Natural Resources
   4-22  Code, is amended by adding Section 133.0441 to read as follows:
   4-23        Sec. 133.0441.  PIT CLOSURE PLAN; PERFORMANCE BOND.  (a)  A
   4-24  pit closure plan outlining the proposed final contour of the pit
   4-25  walls and proposed surface drainage features and approved by the
    5-1  commission shall be a part of the quarry safety plan required under
    5-2  Section 133.044 of this code.
    5-3        (b)  The pit closure plan must provide for the walls of the
    5-4  pit to be left in a manner to prevent undue erosion and provide for
    5-5  a type and degree of slope appropriate to the type of soil found at
    5-6  the pit location.
    5-7        (c)  A closure performance bond in the amount of $20,000
    5-8  shall be posted for each mining site no later than 30 days after
    5-9  operations at a pit site begin.  The closure performance bond shall
   5-10  be refunded in full within 45 days of verification by the
   5-11  commission that the measures required by the pit closure plan as
   5-12  approved by the commission have been completed.
   5-13        (d)  On submission of the pit closure plan with the quarry
   5-14  safety plan required under Section 133.044 of this code, the
   5-15  responsible person shall submit a letter to the county judge of the
   5-16  county in which pit operations have commenced stating that a pit
   5-17  closure plan has been filed with the commission.
   5-18        SECTION 7.  Subchapter E, Chapter 133, Natural Resources
   5-19  Code, is amended by adding Section 133.0811 to read as follows:
   5-20        Sec. 133.0811.  COUNTY INSPECTION AND ENFORCEMENT.  (a)  A
   5-21  county authority may inspect pits regulated by the commission under
   5-22  this chapter.
   5-23        (b)  Individual pit reports prepared by county inspectors
   5-24  shall be submitted to the commission and can be used as evidence in
   5-25  commission hearings.
    6-1        (c)  A county has the authority to halt operation of a pit
    6-2  found by the commission to be in violation until corrective work is
    6-3  completed and approved by the commission.
    6-4        SECTION 8.  This Act takes effect September 1, 1993.
    6-5        SECTION 9.  The importance of this legislation and the
    6-6  crowded condition of the calendars in both houses create an
    6-7  emergency and an imperative public necessity that the
    6-8  constitutional rule requiring bills to be read on three several
    6-9  days in each house be suspended, and this rule is hereby suspended.