80R10747 JJT-D
 
  By: Van Arsdale H.B. No. 3631
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the location of a quarry and associated pits in relation
to residences in certain counties.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter Z, Chapter 133, Natural Resources
Code, is amended by adding Section 133.902 to read as follows:
       Sec. 133.902.  MANDATORY DISTANCE OF QUARRY FROM RESIDENCE.
(a) This section applies only to a quarry located wholly in a county
with a population of more than 3.3 million.
       (b)  The commission by rule shall prohibit locating a new
quarry or expanding a pit associated with an existing quarry if any
part of the quarry or any part of the pit would be located less than
two miles from a residential structure.
       (c)  The owner or operator of a quarry any part of which,
including a pit associated with the quarry, is located less than two
miles from a residential structure may not expand the quarry or an
associated pit regardless of the date the residential structure was
built or the date the quarry operations began.
       SECTION 2.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.