BILL ANALYSIS


                                                         S.B. 226
                                                         By: Cain
                                                Natural Resources
                                                         03-22-95
                                     Committee Report (Unamended)
BACKGROUND

Current law requires that owners of real property, which contains
an abandoned or inactive pit, to 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, S.B. 226 exempts 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 grant any
additional rulemaking authority to a state officer, institution, or
agency.

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.  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.
     
     SECTION 4.     Emergency clause.
           Effective date: upon passage.