By Denny                                              H.B. No. 1838
         77R10294 QS-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 50 feet.  This section
1-13     does not apply if the operator and the adjacent property owner
1-14     agree that the pit may be located closer to the property line.
1-15           SECTION 2.  (a)  This Act takes effect September 1, 2001.
1-16           (b)  The change in law made by Subchapter Z, Chapter 133,
1-17     Natural Resources Code, as added by this Act, applies only to a pit
1-18     that is active on or after the effective date of this Act.  A pit
1-19     that is inactive on the effective date of this Act is governed by
1-20     the law in effect immediately before the effective date of this
1-21     Act, and that law is continued in effect for that purpose.