By Denny, Brown of Kaufman                            H.B. No. 2234
         76R5851 SMJ-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the distance between certain pits that are part of
 1-3     quarrying operations and adjacent property.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 133, Natural Resources Code, is amended
 1-6     by adding Subchapter Z to read as follows:
 1-7                  SUBCHAPTER Z.  MISCELLANEOUS PROVISIONS 
 1-8           Sec. 133.901.  DISTANCE BETWEEN PIT AND PROPERTY LINE.  At
 1-9     the time quarrying is completed, the distance from the edge of the
1-10     consolidated material of a pit that does not have lateral support
1-11     to the property line of the nearest property that is not owned or
1-12     leased by the operator may not be less than 1.5 times the vertical
1-13     distance from the original ground surface to the top of the
1-14     consolidated material, plus 25 feet.  This section does not apply
1-15     if the operator and the adjacent property owner agree that the pit
1-16     may be located closer to the property line.
1-17           SECTION 2.  (a)  This Act takes effect September 1, 1999.
1-18           (b)  The change in law made by Subchapter Z, Chapter 133,
1-19     Natural Resources Code, as added by this Act, applies only to a pit
1-20     that is active on or after the effective date of this Act.  A pit
1-21     that is inactive on the effective date of this Act is governed by
1-22     the law in effect immediately before the effective date of this
1-23     Act, and that law is continued in effect for that purpose.
1-24           SECTION 3.  The importance of this legislation and the
 2-1     crowded condition of the calendars in both houses create an
 2-2     emergency and an imperative public necessity that the
 2-3     constitutional rule requiring bills to be read on three several
 2-4     days in each house be suspended, and this rule is hereby suspended.
 2-5                          COMMITTEE AMENDMENT NO. 1
 2-6           Amend House Bill 2234 on page 1, Section 1, line 12, by
 2-7     striking the following language: "1.5 times the vertical distance
 2-8     from the original ground surface to the top of the consolidated
 2-9     material, plus"
2-10                                                       Turner of Coleman