74R11625 DLF-D
By Cain S.B. No. 226
Substitute the following for S.B. No. 226:
By Turner of Coleman C.S.S.B. No. 226
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) 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 (b) If the commission determines that an abandoned or
2-18 inactive pit that is subject to the exemption established by
2-19 Subsection (a) is an unsafe inactive pit, the commission may
2-20 require the construction of a barrier or other device in accordance
2-21 with Section 133.041. The cost of constructing the barrier or
2-22 other device required under this subsection shall be paid by the
2-23 commission from money appropriated to the commission.
2-24 (c) For purposes of Subsection (b), "unsafe inactive pit"
2-25 means a pit:
2-26 (1) that had been abandoned or that became inactive
2-27 before August 26, 1991;
3-1 (2) the edge of which is located within 25 feet of the
3-2 edge of a roadway;
3-3 (3) the depth of which is at least five feet measured
3-4 from the top of the pit to the bottom of the pit;
3-5 (4) that is not protected by naturally occurring
3-6 barriers such as trees or embankments; and
3-7 (5) that is not a naturally occurring pit or
3-8 depression.
3-9 SECTION 4. The importance of this legislation and the
3-10 crowded condition of the calendars in both houses create an
3-11 emergency and an imperative public necessity that the
3-12 constitutional rule requiring bills to be read on three several
3-13 days in each house be suspended, and this rule is hereby suspended,
3-14 and that this Act take effect and be in force from and after its
3-15 passage, and it is so enacted.