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.