By Tillery, Turner of Coleman                          H.B. No. 535
       74R3350 DLF-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to exempting certain property owners from certain
    1-3  requirements relating to abandoned or inactive pits.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 133.041(b), Natural Resources Code, is
    1-6  amended to read as follows:
    1-7        (b)  Except as provided by Section 133.055, a <A> person
    1-8  responsible for an abandoned or inactive pit must construct a
    1-9  barrier or other device required by this code between a public road
   1-10  adjoining the site and the pit, provided that the pit is in
   1-11  hazardous proximity to a public road and in an unacceptable unsafe
   1-12  location.  The commission may grant a waiver from the barrier
   1-13  requirement if the person responsible for the abandoned or inactive
   1-14  pit submits an application to the commission showing that:
   1-15              (1)  a governmental entity obtained a right-of-way and
   1-16  constructed a public road within 200 feet of the abandoned or
   1-17  inactive pit before August 26, 1991; and
   1-18              (2)  the pit has remained abandoned or inactive since
   1-19  the road was constructed.
   1-20        SECTION 2.  Section 133.045(a), Natural Resources Code, is
   1-21  amended to read as follows:
   1-22        (a)  Except as provided by Section 133.055, a <A> safety
   1-23  certificate is required for an active, inactive, or abandoned
   1-24  quarry or pit that is located in hazardous proximity to a public
    2-1  road or is in an unacceptable unsafe location, excluding an
    2-2  inactive or abandoned quarry or pit that receives a written waiver
    2-3  from the commission.
    2-4        SECTION 3.  Subchapter D, Chapter 133, Natural Resources
    2-5  Code, is amended by adding Section 133.055 to read as follows:
    2-6        Sec. 133.055.  EXEMPTION.  A person responsible for an
    2-7  abandoned or inactive pit is not required to construct a barrier or
    2-8  other device as required by Section 133.041 and is not required to
    2-9  obtain a safety certificate under Section 133.045 if:
   2-10              (1)  the person purchased or otherwise became
   2-11  responsible for the pit before August 26, 1991;
   2-12              (2)  the pit was abandoned or inactive when the person
   2-13  purchased or otherwise became responsible for the pit;
   2-14              (3)  the pit has not been active during any period in
   2-15  which the person has been responsible for the pit; and
   2-16              (4)  the person did not create the pit.
   2-17        SECTION 4.  The importance of this legislation and the
   2-18  crowded condition of the calendars in both houses create an
   2-19  emergency and an imperative public necessity that the
   2-20  constitutional rule requiring bills to be read on three several
   2-21  days in each house be suspended, and this rule is hereby suspended,
   2-22  and that this Act take effect and be in force from and after its
   2-23  passage, and it is so enacted.