BILL ANALYSIS



C.S.S.B. 226
By: Cain (Tillery, Junell, Turner, B.)
05-04-95
Committee Report (Substituted)


BACKGROUND

Current law requires that owners of real property, which contains
an abandoned or inactive pit, construct a barrier or other device
between a public road adjoining the site and the pit.  The real
property owner must also engage in an application and certification
process, pay fees for inspection of the barrier or device, and be
subject to any civil penalties for failing to comply with current
legal requirements.

PURPOSE

As proposed, C.S.S.B. 226 exempts certain property owners from
being required to construct barriers or other devices and obtain
safety certificates for abandoned or inactive pits.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1  Amends Section 133.041(b), Natural Resources Code, as
           follows:

           (b) Requires a person responsible for an abandoned or
           inactive pit to construct a barrier or other device as
           instructed by this code if the pit is in hazardous
           proximity to a public road, except as provided by
           Section 133.055.  Authorizes the Railroad Commission of
           Texas (commission) to grant a waiver from the barrier
           requirement under certain conditions.

SECTION 2  Amends Section 133.045(a), Natural Resources Code, to
           make a conforming change.

SECTION 3  Amends Chapter 133D, Natural Resources Code, by adding
           Section 133.055, as follows:

           Sec.  133.055.  EXEMPTION.  (a) Provides that a person
           responsible for an abandoned or inactive pit is not
           required to construct a barrier or other device and is
           not required to obtain a safety certificate under
           certain circumstances.

           (b) Provides that if the commission determines that a
           pit, which is exempt under Subsection (a), is a danger
           to the public, then it may require the construction of
           a barrier or other device in accordance with Section
           133.041.  The cost of constructing said barrier shall
           be paid by the commission.

SECTION 4  Emergency clause.
           Effective upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute amends Section 3, Subsection (b), to require that
the commission determine that a pit is an "unsafe inactive pit,"
rather than "a danger to the public" before it requires
construction of a protective barrier.  The substitute also adds
Subsection (c) which defines an "unsafe inactive pit."

SUMMARY OF COMMITTEE ACTION

S.B. 226 was considered by the committee in a public hearing on May
2, 1995.

The committee considered a complete substitute for the bill.  The
substitute was adopted without objection.

The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed, by a record vote of
7 ayes, 0 nays, 0 pnv, 2 absent.