By: Shelley S.B. No. 1393
73R9060 DWS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to county regulation of aggregate quarry and pit safety.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter D, Chapter 133, Natural
1-5 Resources Code, is amended by adding Section 133.055 to read as
1-6 follows:
1-7 Sec. 133.055. COUNTY AUTHORITY TO REGULATE. A county with a
1-8 population of 2.4 million or more may adopt regulations requiring
1-9 the placement of safety devices on aggregate quarries and pits.
1-10 SECTION 2. Section 133.082, Natural Resources Code, is
1-11 amended to read as follows:
1-12 Sec. 133.082. CIVIL PENALTY. (a) A person or responsible
1-13 party who violates this chapter or a rule or order adopted under
1-14 this chapter after due notice is liable <to the state> for a civil
1-15 penalty of not less than $500 or more than $5,000 for each act of
1-16 violation on a first offense.
1-17 (b) A person or responsible party who violates this chapter
1-18 or a rule or order adopted under this chapter after due notice is
1-19 liable <to the state> for a civil penalty of not less than $1,000
1-20 or more than $10,000 for each act of violation on a second and
1-21 subsequent offense.
1-22 SECTION 3. Section 133.083(a), Natural Resources Code, is
1-23 amended to read as follows:
1-24 (a) The commission or a county in which a violation of this
2-1 chapter or a rule or order adopted under this chapter is occurring
2-2 or has occurred may enforce this chapter or a rule or order adopted
2-3 under this chapter by injunction or other appropriate remedy.
2-4 SECTION 4. Section 133.084, Natural Resources Code, is
2-5 amended to read as follows:
2-6 Sec. 133.084. RECOVERY OF COSTS. (a) A person responsible
2-7 for a quarry or pit is liable to the state for customary, ordinary,
2-8 and reasonable costs incurred by the commission in undertaking
2-9 corrective or enforcement action under this chapter and for court
2-10 costs and attorney's fees.
2-11 (b) A person responsible for a quarry or pit is liable to a
2-12 county for customary, ordinary, and reasonable costs incurred by
2-13 the county in undertaking enforcement action under this chapter and
2-14 for court costs and attorney's fees.
2-15 SECTION 5. Section 133.085, Natural Resources Code, is
2-16 amended by amending Subsection (c) and adding Subsection (d) to
2-17 read as follows:
2-18 (c) Except as provided by Section 133.055 of this chapter,
2-19 the <The> provisions of this Act supersede any other municipal
2-20 ordinance or county regulation that seeks to accomplish the same
2-21 ends as set out herein.
2-22 (d) A county in which a violation of this chapter or a rule
2-23 or order adopted under this chapter is occurring or has occurred
2-24 may bring suit for injunctive relief, civil penalty, or both, as
2-25 appropriate, under this subchapter.
2-26 SECTION 6. Section 133.086, Natural Resources Code, is
2-27 amended to read as follows:
3-1 Sec. 133.086. DISPOSITION OF PENALTIES AND COSTS. (a)
3-2 Money collected under Section 133.082 or 133.084 of this code shall
3-3 be deposited in the state treasury to the credit of the Texas
3-4 aggregates quarry and pit safety fund.
3-5 (b) Money collected under Section 133.082 of this code by a
3-6 county shall be equally divided between the state and the county
3-7 that brought the suit. The state shall deposit its recovery in the
3-8 state treasury to the credit of the Texas aggregates quarry and pit
3-9 safety fund.
3-10 SECTION 7. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended,
3-15 and that this Act take effect and be in force from and after its
3-16 passage, and it is so enacted.