By: Shelley S.B. No. 1393
A BILL TO BE ENTITLED
AN ACT
1-1 relating to county regulation of aggregate quarry and pit safety;
1-2 providing a civil penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter D, Chapter 133, Natural Resources
1-5 Code, is amended by adding Section 133.055 to read as follows:
1-6 Sec. 133.055. COUNTY AUTHORITY TO REGULATE. A county with a
1-7 population of 2.4 million or more may adopt regulations requiring
1-8 the placement of safety devices on aggregate quarries and pits.
1-9 SECTION 2. Section 133.082, Natural Resources Code, is
1-10 amended to read as follows:
1-11 Sec. 133.082. CIVIL PENALTY. (a) A person or responsible
1-12 party who violates this chapter or a rule or order adopted under
1-13 this chapter after due notice is liable <to the state> for a civil
1-14 penalty of not less than $500 or more than $5,000 for each act of
1-15 violation on a first offense.
1-16 (b) A person or responsible party who violates this chapter
1-17 or a rule or order adopted under this chapter after due notice is
1-18 liable <to the state> for a civil penalty of not less than $1,000
1-19 or more than $10,000 for each act of violation on a second and
1-20 subsequent offense.
1-21 SECTION 3. Subsection (a), Section 133.083, Natural
1-22 Resources Code, is amended to read as follows:
1-23 (a) The commission or a county in which a violation of this
1-24 chapter or a rule or order adopted under this chapter is occurring
2-1 or has occurred may enforce this chapter or a rule or order adopted
2-2 under this chapter by injunction or other appropriate remedy.
2-3 SECTION 4. Section 133.084, Natural Resources Code, is
2-4 amended to read as follows:
2-5 Sec. 133.084. RECOVERY OF COSTS. (a) A person responsible
2-6 for a quarry or pit is liable to the state for customary, ordinary,
2-7 and reasonable costs incurred by the commission in undertaking
2-8 corrective or enforcement action under this chapter and for court
2-9 costs and attorney's fees.
2-10 (b) A person responsible for a quarry or pit is liable to a
2-11 county for customary, ordinary, and reasonable costs incurred by
2-12 the county in undertaking enforcement action under this chapter and
2-13 for court costs and attorney's fees.
2-14 SECTION 5. Section 133.085, Natural Resources Code, is
2-15 amended by amending Subsection (c) and adding Subsection (d) to
2-16 read as follows:
2-17 (c) Except as provided by Section 133.055 of this code, the
2-18 <The> provisions of this Act supersede any other municipal
2-19 ordinance or county regulation that seeks to accomplish the same
2-20 ends as set out herein.
2-21 (d) A county in which a violation of this chapter or a rule
2-22 or order adopted under this chapter is occurring or has occurred
2-23 may bring suit for injunctive relief, civil penalty, or both, as
2-24 appropriate, under this subchapter.
2-25 SECTION 6. Section 133.086, Natural Resources Code, is
2-26 amended to read as follows:
2-27 Sec. 133.086. DISPOSITION OF PENALTIES AND COSTS.
3-1 (a) Money collected under Section 133.082 or 133.084 of this code
3-2 shall be deposited in the state treasury to the credit of the Texas
3-3 aggregates quarry and pit safety fund.
3-4 (b) Money collected under Section 133.082 of this code by a
3-5 county shall be equally divided between the state and the county
3-6 that brought the suit. The state shall deposit its recovery in the
3-7 state treasury to the credit of the Texas aggregates quarry and pit
3-8 safety fund.
3-9 SECTION 7. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended,
3-14 and that this Act take effect and be in force from and after its
3-15 passage, and it is so enacted.