HBA-CBW C.S.H.B. 1838 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1838
By: Denny
Land & Resource Management
4/6/2001
Committee Report (Substituted)



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, but the erosion associated with quarry operations may
encroach on a neighboring property. C.S.H.B. 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

C.S.H.B. 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 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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1838  differs from the original bill by providing that the
distance from the edge of the consolidated material of a pit may not be
less than 50 feet, rather than 25 feet, from the nearest adjacent property
line.