SRC-TJG H.B. 547 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 547
78R8228 QS-DBy: Wohlgemuth (Averitt)
Natural Resources
5/10/2003
Engrossed


DIGEST AND PURPOSE 

The Texas Aggregate Quarry and Pit Safety Act was enacted by the 72nd
Legislature and became effective August 26, 1991.  Prior to the 77th
Legislature, quarry and pit operators were permitted to dig to the edge of
an adjacent property line. However, there was concern that the erosion
associated with quarry operations could encroach on a neighboring
property. H.B. 547 provides that Section 133.901, Natural Resources Code,
applies to certain pits and does not only apply to a county with a certain
population.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 133.901, Natural Resources Code, as follows:

(a) Deletes existing text relating to this section applying only to a
county with a certain population.  Makes a conforming and a nonsubstantive
change. 

(b) Provides that this section does not apply to a pit if the operator and
the adjacent property owner agree that the pit may be located closer to
the property line or to an excavation constructed by a political
subdivision to provide drainage or stormwater retention.  

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 2003.