1-1     By:  Denny (Senate Sponsor - Nelson)                  H.B. No. 1838
 1-2           (In the Senate - Received from the House April 30, 2001;
 1-3     May 1, 2001, read first time and referred to Committee on Natural
 1-4     Resources; May 10, 2001, reported favorably by the following vote:
 1-5     Yeas 4, Nays 0; May 10, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the distance between certain pits that are part of
 1-9     quarrying operations and adjacent property.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Chapter 133, Natural Resources Code, is amended
1-12     by adding Subchapter Z to read as follows:
1-13                  SUBCHAPTER Z.  MISCELLANEOUS PROVISIONS 
1-14           Sec. 133.901.  DISTANCE BETWEEN PIT AND PROPERTY LINE.  At
1-15     the time quarrying is completed, the distance from the edge of the
1-16     consolidated material of a pit that does not have lateral support
1-17     to the property line of the nearest property that is not owned or
1-18     leased by the operator may not be less than 50 feet.  This section
1-19     does not apply if the operator and the adjacent property owner
1-20     agree that the pit may be located closer to the property line.
1-21           SECTION 2.  (a)  This Act takes effect September 1, 2001.
1-22           (b)  The change in law made by Subchapter Z, Chapter 133,
1-23     Natural Resources Code, as added by this Act, applies only to a pit
1-24     that is active on or after the effective date of this Act.  A pit
1-25     that is inactive on the effective date of this Act is governed by
1-26     the law in effect immediately before the effective date of this
1-27     Act, and that law is continued in effect for that purpose.
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