1-1 By: Cain S.B. No. 226
1-2 (In the Senate - Filed January 16, 1995; January 18, 1995,
1-3 read first time and referred to Committee on Natural Resources;
1-4 March 21, 1995, reported favorably by the following vote: Yeas 9,
1-5 Nays 0; March 21, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to exempting certain property owners from certain
1-9 requirements relating to abandoned or inactive pits.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsection (b), Section 133.041, Natural
1-12 Resources Code, is amended to read as follows:
1-13 (b) Except as provided by Section 133.055, a <A> person
1-14 responsible for an abandoned or inactive pit must construct a
1-15 barrier or other device required by this code between a public road
1-16 adjoining the site and the pit, provided that the pit is in
1-17 hazardous proximity to a public road and in an unacceptable unsafe
1-18 location. The commission may grant a waiver from the barrier
1-19 requirement if the person responsible for the abandoned or inactive
1-20 pit submits an application to the commission showing that:
1-21 (1) a governmental entity obtained a right-of-way and
1-22 constructed a public road within 200 feet of the abandoned or
1-23 inactive pit before August 26, 1991; and
1-24 (2) the pit has remained abandoned or inactive since
1-25 the road was constructed.
1-26 SECTION 2. Subsection (a), Section 133.045, Natural
1-27 Resources Code, is amended to read as follows:
1-28 (a) Except as provided by Section 133.055, a <A> safety
1-29 certificate is required for an active, inactive, or abandoned
1-30 quarry or pit that is located in hazardous proximity to a public
1-31 road or is in an unacceptable unsafe location, excluding an
1-32 inactive or abandoned quarry or pit that receives a written waiver
1-33 from the commission.
1-34 SECTION 3. Subchapter D, Chapter 133, Natural Resources
1-35 Code, is amended by adding Section 133.055 to read as follows:
1-36 Sec. 133.055. EXEMPTION. A person responsible for an
1-37 abandoned or inactive pit is not required to construct a barrier or
1-38 other device as required by Section 133.041 and is not required to
1-39 obtain a safety certificate under Section 133.045 if:
1-40 (1) the person purchased or otherwise became
1-41 responsible for the pit before August 26, 1991;
1-42 (2) the pit was abandoned or inactive when the person
1-43 purchased or otherwise became responsible for the pit;
1-44 (3) the pit has not been active during any period in
1-45 which the person has been responsible for the pit; and
1-46 (4) the person did not create the pit.
1-47 SECTION 4. The importance of this legislation and the
1-48 crowded condition of the calendars in both houses create an
1-49 emergency and an imperative public necessity that the
1-50 constitutional rule requiring bills to be read on three several
1-51 days in each house be suspended, and this rule is hereby suspended,
1-52 and that this Act take effect and be in force from and after its
1-53 passage, and it is so enacted.
1-54 * * * * *