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.