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.  (a)
 1-9     This section applies only to a county with a population of more
1-10     than 400,000 and less than 475,000.
1-11           (b)  At the time quarrying is completed, the distance from
1-12     the edge of the consolidated material of a pit that does not have
1-13     lateral support to the property line of the nearest property that
1-14     is not owned or leased by the operator may not be less than 50
1-15     feet.  This section does not apply if the operator and the adjacent
1-16     property owner agree that the pit may be located closer to the
1-17     property line.
1-18           SECTION 2.  (a)  This Act takes effect September 1, 2001.
1-19           (b)  The change in law made by Subchapter Z, Chapter 133,
1-20     Natural Resources Code, as added by this Act, applies only to a pit
1-21     that is active on or after the effective date of this Act.  A pit
1-22     that is inactive on the effective date of this Act is governed by
1-23     the law in effect immediately before the effective date of this
1-24     Act, and that law is continued in effect for that purpose.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1838 was passed by the House on April
         27, 2001, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 1838 on May 25, 2001, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1838 was passed by the Senate, with
         amendments, on May 23, 2001, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor