HBA-AMW, CBW H.B. 1838 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1838
By: Denny
Land & Resource Management
7/18/2001
Enrolled



BACKGROUND 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, but there was concern that the erosion
associated with quarry operations could encroach on a neighboring property.
House Bill 1838 creates a buffer zone of 50 feet between the edge of a pit
or a quarry and an adjacent property that is not owned or leased by the
operator. 

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. 

ANALYSIS

House Bill 1838 amends the Natural Resources Code to set forth provisions
regarding the distance between certain pits that are part of quarrying
operations and adjacent  property lines.  At the time quarrying is
completed, the bill prohibits 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 from being less than 50 feet.  The provisions of the bill apply
only to a county with a population of more than 400,000 and less than
475,000.  The bill does not apply if the operator and the adjacent property
owner agree that the pit may be located closer to the property line. 

EFFECTIVE DATE

September 1, 2001.