HBA-EVB H.B. 2234 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2234
By: Denny
Land & Resource Management
4/5/1999
Introduced



BACKGROUND AND PURPOSE 

The Texas Aggregate Quarry and Pit Safety Act was enacted by the 72nd
Legislature and became effective August 26, 1991. Under current law, quarry
and pit operators are permitted to dig to the edge of an adjacent property
line. Therefore, erosion associated with quarry operations may encroach on
a neighboring property. H.B. 2234 creates a buffer zone, using a set
formula, between the edge of a pit or a quarry and an adjacent property
that is not owned or leased by the operator. This bill provides that this
provision does not apply if the operator and the adjacent property owner
agree that the pit may be located closer to the property line. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 133, Natural Resources Code, by adding
Subchapter Z, as follows:  

SUBCHAPTER Z. MISCELLANEOUS PROVISIONS

Sec. 133.901. DISTANCE BETWEEN PIT AND PROPERTY LINE. Provides that 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 1.5 times the vertical distance from the original ground
surface to the top of the consolidated material, plus 25 feet. Provides
that this section is inapplicable if the operator and the adjacent property
owner agree that the pit may be located closer to the property line. 

SECTION 2. Effective date: September 1, 1999. 
Makes application of this Act prospective.

SECTION 3. Emergency clause.