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.