1-1  By:  Shelley                                          S.B. No. 1393
    1-2        (In the Senate - Filed April 20, 1993; April 21, 1993, read
    1-3  first time and referred to Committee on Natural Resources;
    1-4  May 7, 1993, reported favorably by the following vote:  Yeas 7,
    1-5  Nays 0; May 7, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Sims               x                               
    1-9        Truan              x                               
   1-10        Armbrister         x                               
   1-11        Barrientos         x                               
   1-12        Bivins                                        x    
   1-13        Brown              x                               
   1-14        Carriker                                      x    
   1-15        Lucio              x                               
   1-16        Montford                                      x    
   1-17        Ratliff                                       x    
   1-18        Shelley            x                               
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to county regulation of aggregate quarry and pit safety;
   1-22  providing a civil penalty.
   1-23        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-24        SECTION 1.  Subchapter D, Chapter 133, Natural Resources
   1-25  Code, is amended by adding Section 133.055 to read as follows:
   1-26        Sec. 133.055.  COUNTY AUTHORITY TO REGULATE.  A county with a
   1-27  population of 2.4 million or more may adopt regulations requiring
   1-28  the placement of safety devices on aggregate quarries and pits.
   1-29        SECTION 2.  Section 133.082, Natural Resources Code, is
   1-30  amended to read as follows:
   1-31        Sec. 133.082.  CIVIL PENALTY.  (a)  A person or responsible
   1-32  party who violates this chapter or a rule or order adopted under
   1-33  this chapter after due notice is liable <to the state> for a civil
   1-34  penalty of not less than $500 or more than $5,000 for each act of
   1-35  violation on a first offense.
   1-36        (b)  A person or responsible party who violates this chapter
   1-37  or a rule or order adopted under this chapter after due notice is
   1-38  liable <to the state> for a civil penalty of not less than $1,000
   1-39  or more than $10,000 for each act of violation on a second and
   1-40  subsequent offense.
   1-41        SECTION 3.  Subsection (a), Section 133.083, Natural
   1-42  Resources Code, is amended to read as follows:
   1-43        (a)  The commission or a county in which a violation of this
   1-44  chapter or a rule or order adopted under this chapter is occurring
   1-45  or has occurred may enforce this chapter or a rule or order adopted
   1-46  under this chapter by injunction or other appropriate remedy.
   1-47        SECTION 4.  Section 133.084, Natural Resources Code, is
   1-48  amended to read as follows:
   1-49        Sec. 133.084.  RECOVERY OF COSTS.   (a)  A person responsible
   1-50  for a quarry or pit is liable to the state for customary, ordinary,
   1-51  and reasonable costs incurred by the commission in undertaking
   1-52  corrective or enforcement action under this chapter and for court
   1-53  costs and attorney's fees.
   1-54        (b)  A person responsible for a quarry or pit is liable to a
   1-55  county for customary, ordinary, and reasonable costs incurred by
   1-56  the county in undertaking enforcement action under this chapter and
   1-57  for court costs and attorney's fees.
   1-58        SECTION 5.  Section 133.085, Natural Resources Code, is
   1-59  amended by amending Subsection (c) and adding Subsection (d) to
   1-60  read as follows:
   1-61        (c)  Except as provided by Section 133.055 of this code, the
   1-62  <The> provisions of this Act supersede any other municipal
   1-63  ordinance or county regulation that seeks to accomplish the same
   1-64  ends as set out herein.
   1-65        (d)  A county in which a violation of this chapter or a rule
   1-66  or order adopted under this chapter is occurring or has occurred
   1-67  may bring suit for injunctive relief, civil penalty, or both, as
   1-68  appropriate, under this subchapter.
    2-1        SECTION 6.  Section 133.086, Natural Resources Code, is
    2-2  amended to read as follows:
    2-3        Sec. 133.086.  DISPOSITION OF PENALTIES AND COSTS.
    2-4  (a)  Money collected under Section 133.082 or 133.084 of this code
    2-5  shall be deposited in the state treasury to the credit of the Texas
    2-6  aggregates quarry and pit safety fund.
    2-7        (b)  Money collected under Section 133.082 of this code by a
    2-8  county shall be equally divided between the state and the county
    2-9  that brought the suit.  The state shall deposit its recovery in the
   2-10  state treasury to the credit of the Texas aggregates quarry and pit
   2-11  safety fund.
   2-12        SECTION 7.  The importance of this legislation and the
   2-13  crowded condition of the calendars in both houses create an
   2-14  emergency and an imperative public necessity that the
   2-15  constitutional rule requiring bills to be read on three several
   2-16  days in each house be suspended, and this rule is hereby suspended,
   2-17  and that this Act take effect and be in force from and after its
   2-18  passage, and it is so enacted.
   2-19                               * * * * *
   2-20                                                         Austin,
   2-21  Texas
   2-22                                                         May 7, 1993
   2-23  Hon. Bob Bullock
   2-24  President of the Senate
   2-25  Sir:
   2-26  We, your Committee on Natural Resources to which was referred S.B.
   2-27  No. 1393, have had the same under consideration, and I am
   2-28  instructed to report it back to the Senate with the recommendation
   2-29  that it do pass and be printed.
   2-30                                                         Sims,
   2-31  Chairman
   2-32                               * * * * *
   2-33                               WITNESSES
   2-34  No witnesses appeared on S.B. No. 1393.