By:  Moncrief                                 S.B. No. 473

         97S0303/1                           

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the regulation of certain aggregate quarries and pits.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Subdivisions (13) and (27), Section 133.003,

 1-4     Natural Resources Code, are amended to read as follows:

 1-5                 (13)  "In hazardous proximity to a public road" means

 1-6     within a [that] distance of [beginning] 200 feet from the nearest

 1-7     roadway edge of a public road or highway [to the pit perimeter].

 1-8                 (27)  "Unacceptable unsafe location" means a condition

 1-9     where the edge of a pit is located within 200 feet of a public

1-10     roadway or roadway intersection in a manner which, in the judgment

1-11     of the commission:

1-12                       (A)  presents a significant risk of harm to

1-13     public motorists by reason of the proximity of the pit to the

1-14     roadway or roadway intersection; and[,]

1-15                       (B)  has no naturally occurring or artificially

1-16     constructed barrier or berm between the road and pit that would

1-17     likely prevent a motor vehicle from accidentally entering the pit

1-18     as the result of a motor vehicle collision at or near the roadway

1-19     or roadway intersection; or which,

1-20                       (C)  in the opinion of the commission, is also at

1-21     any other location constituting a substantial dangerous risk to the

1-22     driving public, which condition can be rectified by the placement

1-23     of berms, barriers, guardrails, or other devices as prescribed by

 2-1     this code.

 2-2           SECTION 2.  Subsection (b), Section 133.041, Natural

 2-3     Resources Code, is amended to read as follows:

 2-4           (b)  A person responsible for an abandoned or inactive pit

 2-5     must construct a barrier or other device required by this code

 2-6     between a public road adjoining the site and the pit, provided that

 2-7     the pit is in hazardous proximity to a public road or [and] in an

 2-8     unacceptable unsafe location.  The commission may grant a waiver

 2-9     from the barrier requirement if the person responsible for the

2-10     abandoned or inactive pit submits an application to the commission

2-11     showing that:

2-12                 (1)  a governmental entity obtained a right-of-way and

2-13     constructed a public road within 200 feet of the abandoned or

2-14     inactive pit before August 26, 1991; and

2-15                 (2)  the pit has remained abandoned or inactive since

2-16     the road was constructed.

2-17           SECTION 3.  Sections 133.091 and 133.093, Natural Resources

2-18     Code, are amended to read as follows:

2-19           Sec. 133.091.  COUNTY AUTHORITY TO REGULATE.  A county with a

2-20     population of 1.17 [2.4] million or more may adopt regulations

2-21     requiring the placement of signs, [or] barriers, or other safety

2-22     devices on aggregate quarries and pits.

2-23           Sec. 133.093.  CONFLICT WITH COMMISSION RULE.  A county may

2-24     not adopt regulations for aggregate quarries and pits which are

2-25     actively regulated by the commission.

 3-1           SECTION 4.  This Act takes effect September 1, 1997.

 3-2           SECTION 5.  The importance of this legislation and the

 3-3     crowded condition of the calendars in both houses create an

 3-4     emergency and an imperative public necessity that the

 3-5     constitutional rule requiring bills to be read on three several

 3-6     days in each house be suspended, and this rule is hereby suspended.