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