By Junell H.B. No. 2372
74R5336 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the safety regulation of aggregate quarries and pits.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 133.003(27), Natural Resources Code, is
1-5 amended to read as follows:
1-6 (27) "Unacceptable unsafe location" means a condition
1-7 in which:
1-8 (A) <where> the edge of a pit is located within
1-9 200 feet of the center of a public roadway intersection; and
1-10 (B) <in a manner which,> in the judgment of the
1-11 commission:
1-12 (i) <(A)> the pit presents a significant
1-13 risk of harm to public motorists by reason of the proximity of the
1-14 pit to the roadway intersection; and<,>
1-15 (ii) there is not a <(B) has no>
1-16 naturally occurring or artificially constructed barrier or berm
1-17 between the road and pit that would likely prevent a motor vehicle
1-18 from accidentally entering the pit as the result of a motor vehicle
1-19 collision at or near the intersection<; or which,>
1-20 <(C) in the opinion of the commission, is also
1-21 at any other location constituting a substantial dangerous risk to
1-22 the driving public, which condition can be rectified by the
1-23 placement of berms, barriers, guardrails, or other devices as
1-24 prescribed by this code>.
2-1 SECTION 2. Section 133.011, Natural Resources Code, is
2-2 amended to read as follows:
2-3 Sec. 133.011. General Authority of the Commission. To
2-4 accomplish the limited purposes of this chapter, the commission
2-5 may:
2-6 (1) with proper notice to all parties affected, adopt
2-7 rules and regulations consistent with the provisions of this
2-8 chapter and issue orders necessary to implement and enforce this
2-9 chapter;
2-10 (2) conduct research necessary for the discharge of
2-11 its duties under this chapter;
2-12 (3) collect and make available to the public
2-13 information relating to the inventory and classification of
2-14 quarries, including maps and other technical data;
2-15 (4) apply for, accept, receive, and administer grants,
2-16 gifts, loans, or other funds from any source; and
2-17 (5) hold public hearings, take written sworn
2-18 testimony, hear witnesses upon oath, and consider reports in regard
2-19 to the classifications of pits that are in <within the definitions
2-20 of hazardous proximity to a public road and> unacceptable unsafe
2-21 locations <location>, issuing rules and orders in relation thereto.
2-22 SECTION 3. Section 133.012(a), Natural Resources Code, is
2-23 amended to read as follows:
2-24 (a) The commission shall inventory, classify, and maintain a
2-25 log according to the degree of hazard, proximity to public roads,
2-26 age, and current use of all existing, inactive, or abandoned
2-27 quarries that have <a pit perimeter that is in hazardous proximity
3-1 to a public road, and those> pits that are in <an> unacceptable
3-2 unsafe locations <location>.
3-3 SECTION 4. Sections 133.041(a) and (b), Natural Resources
3-4 Code, are amended to read as follows:
3-5 (a) A person responsible for an active pit must construct a
3-6 barrier or other device required by this code between a public road
3-7 adjoining the site and a pit, provided the pit is in an
3-8 unacceptable unsafe location <hazardous proximity to the public
3-9 road>.
3-10 (b) A person responsible for an abandoned or inactive pit
3-11 must construct a barrier or other device required by this code
3-12 between a public road adjoining the site and the pit, provided that
3-13 the pit is in <hazardous proximity to a public road and in> an
3-14 unacceptable unsafe location. The commission may grant a waiver
3-15 from the barrier requirement if the person responsible for the
3-16 abandoned or inactive pit submits an application to the commission
3-17 showing that:
3-18 (1) a governmental entity obtained a right-of-way and
3-19 constructed a public road within 200 feet of the abandoned or
3-20 inactive pit before August 26, 1991; and
3-21 (2) the pit has remained abandoned or inactive since
3-22 the road was constructed.
3-23 SECTION 5. Sections 133.044(b) and (c), Natural Resources
3-24 Code, are amended to read as follows:
3-25 (b) From and after November 1, 1991, no person responsible
3-26 may open a new pit on a site for the extraction of aggregates in
3-27 this state wherein the pit perimeter is in an unacceptable unsafe
4-1 location <hazardous proximity to a public road> without first
4-2 filing a quarry safety plan detailing how the applicant intends to
4-3 comply with the safety provisions of this code in the opening and
4-4 closing of the pit.
4-5 (c) The quarry safety plan must:
4-6 (1) set out the information required in Section
4-7 133.046 et seq. of this code; <and>
4-8 (2) be filed by the applicant at least 60 days prior
4-9 to the opening of the pit; <and>
4-10 (3) contain a statement as to the yearly progress of
4-11 the encroachment, if any, of the pit perimeter <within the
4-12 hazardous proximity to a public road, if any,> and the type of berm
4-13 or barrier or other device required by this code that will be
4-14 erected; <and>
4-15 (4) be in writing, certified and sworn to the
4-16 applicant; and
4-17 (5) contain any other information relating to safety
4-18 matters as the commission by rule or regulation deems essential to
4-19 the implementation of this code.
4-20 SECTION 6. Section 133.045, Natural Resources Code, is
4-21 amended to read as follows:
4-22 Sec. 133.045. Safety Certificate Required. (a) A safety
4-23 certificate is required for an active, inactive, or abandoned
4-24 quarry or pit that is located in <hazardous proximity to a public
4-25 road or is in> an unacceptable unsafe location, excluding an
4-26 inactive or abandoned quarry or pit that receives a written waiver
4-27 from the commission.
5-1 (b) From and after November 1, 1991, unless a person
5-2 responsible for a quarry or pit has obtained from the commission a
5-3 certificate that a quarry or pit complies with this subchapter and
5-4 rules or orders adopted under this subchapter, and subject to
5-5 Subsection (d) <(c)> of this section, the person responsible may
5-6 not:
5-7 (1) open a new pit in <hazardous proximity to a public
5-8 road; and>
5-9 <(2) locate a pit in an area wherein it is in> an
5-10 unacceptable unsafe location; or
5-11 (2) <(3)> reopen, operate, or abandon a quarry or pit
5-12 that is in <hazardous proximity to a public road and in> an
5-13 unacceptable unsafe location.
5-14 (c) Notwithstanding Subsection (b)(2),<; and>
5-15 <(4) provided, however, that> the person responsible
5-16 must have received a notice from the commission that the quarry or
5-17 pit requires the operator to obtain a safety certificate<,> before
5-18 that person is prohibited from operating or maintaining the quarry
5-19 or pit without a safety certificate.
5-20 (d) <(c)> Any person responsible who, on November 1, 1991,
5-21 is utilizing a portion of a site for quarrying operations,
5-22 including the stockpiling, sale, or processing of aggregates or a
5-23 combination thereof, or who has a current, valid, or outstanding
5-24 agreement or legal right to develop, utilize, or quarry the
5-25 property, shall be responsible for obtaining a safety certificate
5-26 limited to that specific pit area he is using or excavating or
5-27 intends to use or excavate.
6-1 (e) <(d)> A person responsible for a quarry or pit may
6-2 operate the pit during a period that is described by Subsection (a)
6-3 or (c) of Section 133.052 of this code.
6-4 (f) <(e)> In the event a quarry or pit <previously not
6-5 within the proscribed distance in the definition of "in hazardous
6-6 proximity to a public road" and> not initially within the purview
6-7 of "unacceptable unsafe location" later becomes subject to
6-8 regulation as the result of an expansion or relocation of an
6-9 existing public road or construction of a new public road, the
6-10 person or entity responsible for the expansion or relocation of the
6-11 existing public road or construction of a new public road shall be
6-12 liable to report the same to the commission within 90 days of the
6-13 date the expansion, relocation, or construction is finally
6-14 accomplished.
6-15 (g) <(f)> The commission shall provide such rules and
6-16 regulations to require the person or entity responsible for the
6-17 expansion or relocation to erect berms or barriers.
6-18 (h) <(g)> For the purposes of this subsection, the person or
6-19 entity responsible for the erection of berms or barriers is that
6-20 person or entity having the original and initial legal authority
6-21 and responsibility for the initiation and contracting of the
6-22 expansion or relocation.
6-23 SECTION 7. Section 133.046(b), Natural Resources Code, is
6-24 amended to read as follows:
6-25 (b) An application for a safety certificate must contain not
6-26 more than:
6-27 (1) the name, address, and telephone number of the
7-1 person responsible for the quarry or pit;
7-2 (2) the name, address, and telephone number of the
7-3 owner or owners if different from the person responsible for the
7-4 quarry or pit;
7-5 (3) the type of quarrying activities, if any,
7-6 occurring on the site;
7-7 (4) a brief description of the site, including the
7-8 acreage outside and inside the pit;
7-9 (5) the distance of each pit perimeter from the
7-10 nearest roadway edge of each public road that the site adjoins and
7-11 the center of the nearest intersection of any public or private
7-12 road or driveway;
7-13 (6) the depth in feet, below the top of the pit
7-14 highwall located between the pit and the roadway, of the deepest
7-15 excavation in the pit;
7-16 (7) a description of and a construction plan for any
7-17 barrier or other device allowed in this code to be constructed,
7-18 specifying the material to be used and the expected date of
7-19 completion; and
7-20 (8) any other information or condition that, in the
7-21 opinion of the operator or owner, constitutes an unacceptable
7-22 unsafe location, as defined or required by this Act that is
7-23 absolutely essential to the purposes of this Act.
7-24 SECTION 8. Section 133.047(b), Natural Resources Code, is
7-25 amended to read as follows:
7-26 (b) The commission shall set the fee in an amount reasonably
7-27 necessary to cover the commission's cost of carrying out this
8-1 chapter, but not more than $25<:>
8-2 <(1) $500> for an active, inactive, or abandoned
8-3 aggregate quarry or pit<;>
8-4 <(2) $500 for an inactive or abandoned aggregate
8-5 quarry or pit unless the responsible party is a governmental entity
8-6 in which case the fee shall be no more than $350>.
8-7 SECTION 9. Section 133.051(a), Natural Resources Code, is
8-8 amended to read as follows:
8-9 (a) A person holding a safety certificate has the full
8-10 right, power, and authority to transfer the certificate upon the
8-11 sale, lease, or other transfer of title to the site, provided the
8-12 new owner, operator, lessor or lessee, or party in interest files a
8-13 written affidavit that:
8-14 (1) all barriers between a pit and the nearest roadway
8-15 edge of any public road comply with this subchapter, and rules and
8-16 orders adopted by this subchapter; and
8-17 (2) there will be no change, on or after the day of
8-18 the transfer of title or operation, in:
8-19 (A) the condition or location of a barrier; and
8-20 (B) the distance of a pit perimeter from:
8-21 (i) the nearest public road; and
8-22 (ii) the center of the nearest
8-23 intersection of a public road and a private road or driveway.
8-24 SECTION 10. Section 133.054(a), Natural Resources Code, is
8-25 amended to read as follows:
8-26 (a) The responsible party who plans or intends to cease
8-27 active operations in a quarry or pit subject to the provisions of
9-1 this code shall, 60 days prior to cessation of operations, notify
9-2 the commission of its intent and submit any additional plans the
9-3 operator determines necessary to protect the public good and
9-4 welfare after the cessation of operations. The commission may
9-5 charge a fee for the actual costs of processing the notice, which
9-6 fee shall not exceed $25 <$500>.
9-7 SECTION 11. Section 133.003(13), Natural Resources Code, is
9-8 repealed.
9-9 SECTION 12. (a) The change in law made by Section 8 of this
9-10 Act applies only to an application filed on or after the effective
9-11 date of this Act. An application filed before the effective date
9-12 of this Act is covered by the law in effect when the application
9-13 was filed, and the former law is continued in effect for that
9-14 purpose.
9-15 (b) The change in law made by Section 10 of this Act applies
9-16 only to a notice filed on or after the effective date of this Act.
9-17 A notice filed before the effective date of this Act is covered by
9-18 the law in effect when the notice was filed, and the former law is
9-19 continued in effect for that purpose.
9-20 SECTION 13. The importance of this legislation and the
9-21 crowded condition of the calendars in both houses create an
9-22 emergency and an imperative public necessity that the
9-23 constitutional rule requiring bills to be read on three several
9-24 days in each house be suspended, and this rule is hereby suspended,
9-25 and that this Act take effect and be in force from and after its
9-26 passage, and it is so enacted.