By:  Wohlgemuth (Senate Sponsor - Averitt)                        H.B. No. 547
	(In the Senate - Received from the House April 25, 2003; 
April 28, 2003, read first time and referred to Committee on 
Natural Resources; May 21, 2003, reported adversely, with 
favorable Committee Substitute by the following vote:  Yeas 9, 
Nays 0; May 21, 2003, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 547                                    By:  Jackson


A BILL TO BE ENTITLED

AN ACT


relating to the distance between certain pits that are part of 
quarrying operations in certain counties and adjacent property.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 133.901, Natural Resources Code, is 
amended to read as follows:
	Sec. 133.901.  DISTANCE BETWEEN PIT AND PROPERTY LINE.  (a) 
Except as provided by Subsection (b), at [This section applies only 
to a county with a population of more than 400,000 and less than 
475,000.
	[(b)  At] the time quarrying is completed, the distance from 
the edge of the consolidated material of a pit that does not have 
lateral support to the property line of the nearest property that is 
not owned or leased by the operator may not be less than 50 feet.
	(b)  This section does not apply:                                
		(1)  to a pit if the operator and the adjacent property 
owner agree that the pit may be located closer to the property line;
		(2)  to an excavation constructed by a political 
subdivision to provide drainage or stormwater retention; or
		(3)  to a county with a population of 3.3 million or 
more.           
	SECTION 2.  Section 133.054, Natural Resources Code, is 
amended by adding Subsection (e) to read as follows:
	(e)  A person may not operate a quarry or pit associated with 
a rock-crushing facility if the quarry or pit will be located in a 
county next to a county with a population of 500,000 or more and in 
which is located a portion of a body of water into which a discharge 
is prohibited by the Texas Commission on Environmental Quality 
under 30 T.A.C. Chapter 311 or if the quarry, pit, or rock-crushing 
facility is located over an aquifer, comprised wholly or partly of 
water-bearing limestone or dolomite, that is the primary source of 
drinking water for a municipality.
	SECTION 3.  The change in law made by this Act applies only 
to a pit that is active on or after the effective date of this Act.  
A pit that is inactive on the effective date of this Act and that 
continuously remains inactive after that date is governed by the 
law in effect immediately before the effective date of this Act, and 
that law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2003.                           



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