HBA-EDN H.B. 2538 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2538
By: Walker
Land & Resource Management
3/14/2001
Introduced



BACKGROUND AND PURPOSE 

Presently, Texas is one of thirteen states that does not require
reclamation of sand, gravel, aggregate, clay, or stone quarries upon the
completion of mining activity.  In the past, the Texas Aggregates and
Concrete Association (TACA) opposed legislative efforts to impose
reclamation standards for quarrying operations because of their perception
that the guidelines were impractical for aggregate facilities.   In 1991,
TACA was instrumental in the passage of the Texas Quarry and Pit Safety Act
relating to the placement of safety barriers for quarries and pits that
were located within close proximity to a public road or highway.  As an
industry, TACA believes that it is appropriate to expand upon this Act by
requiring the Railroad Commission of Texas (commission) to authorize the
reclamation of property affected by a quarrying operation.  House Bill 2538
grants the commission this authority.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Railroad Commission in
SECTION 1 (Secs. 135.051 and 135.102, Natural Resources Code) and in
SECTION 2 of this bill.   

ANALYSIS

House Bill 2538 amends the Natural Resources Code to enact the Texas
Aggregate Quarrying and Reclamation Act.  The bill authorizes the Texas
Railroad Commission (commission) or an authorized representative of the
commission to inspect a quarrying operation to determine whether the
operation is properly reclaiming the land affected by the operation.  The
bill sets forth procedures for such an inspection and for a report on the
inspection (Sec.135.052).  The bill prohibits a person from conducting a
quarrying operation in this state unless the person holds a certificate of
registration (certificate).  The bill provides that a person must file an
application for a certificate, accompanied by a fee of $200 and a bond or
alternative form of financial security in the amount of $1,000, for each
acre of land to be disturbed as provided by the reclamation plan for the
proposed quarry.  The bill provides that a separate application is required
for each quarrying operation and requires the commission, by rule, to
specify criteria to determine whether a quarrying operation constitutes a
separate operation.  The bill sets forth provisions regarding the
application process, the certificate, and the bond or alternative form of
financial security (Secs.135.101-135.108, and 135.151-135.156).   

The bill provides that a pit perimeter must be located at least 50 feet
from the nearest property line if the slope has a horizontal to vertical
ratio of at least two to one, or 100 feet from the nearest property line if
the slope is vertical and has a height of at least 10 feet (Sec.135.201). 

The bill provides that a reclamation plan must be developed in a manner
consistent with physical, environmental, and climatological conditions and
with quarrying and reclamation technologies considered to be customary
business practices at the time the plan is developed.  The bill sets forth
provisions regarding reclamation, including provisions relating to land
access above a bench or highwall, restriction of a waterway, grading of
overburden, construction of a dam, and revegetation (Secs.135.251-135.256).
 
The bill requires the commission to impose an administrative penalty of
$5,000 on an owner or operator of a quarrying operation who violates this
Act or a rule adopted or ordered under this Act and entitles a person to a
hearing on the occurrence of the alleged violation, the amount of the
penalty, or both.  The bill sets forth provisions relating to
administrative procedures regarding the imposition of a penalty
(Secs.135.301-135.313).  The bill requires the commission to deposit the
amount recovered on a bond, the alternative form of financial security, or
an administrative penalty to the credit of the Texas aggregate quarry
reclamation account and authorizes funds from this account to be
appropriated only for corrective or enforcement action under this Act
(Sec.135.351).   

The commission is authorized to adopt rules and issue orders as necessary
to implement and enforce this Act and requires the commission to adopt such
rules no later than March 1, 2002  (Sec.135.051 and SECTION 2). 

This Act does not apply to land under the jurisdiction of the General Land
Office, land from which aggregates are being produced on September 1, 2001,
or a parcel of land of less than five acres. However, the bill provides
that land under the jurisdiction of the General Land Office on which
quarrying is conducted must be reclaimed in a manner consistent with this
Act and that an operator is prohibited from expanding the surface acreage
of a pit from which aggregates are being produced on September 1, 2001,
unless the operator obtains a certificate and complies with the provisions
of this Act relating to the expanded portion of the pit and any land
affected by the expansion (Sec.  135.003). 

EFFECTIVE DATE

September 1, 2001.