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.