By Tillery                                            H.B. No. 1170
         76R5464 DLF-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to certain requirements relating to abandoned or inactive
 1-3     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 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           SECTION 4.  The importance of this legislation and the
2-18     crowded condition of the calendars in both houses create an
2-19     emergency and an imperative public necessity that the
2-20     constitutional rule requiring bills to be read on three several
2-21     days in each house be suspended, and this rule is hereby suspended,
2-22     and that this Act take effect and be in force from and after its
2-23     passage, and it is so enacted.