CHAPTER 133. QUARRY SAFETY

NATURAL RESOURCES CODE

TITLE 4. MINES AND MINING

CHAPTER 133. QUARRY SAFETY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 133.001. SHORT TITLE. This chapter may be cited as the

Texas Aggregate Quarry and Pit Safety Act.

Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,

1991.

Sec. 133.002. PURPOSE. The Legislature of the State of Texas

finds that:

(1) protection of the public good by requiring safety devices

for certain aggregate quarries and pits and regulation of public

access to such aggregate quarries and pits, with reasonable,

fair, and certain laws, accompanied by civil penalties for

failure to obey such laws, are essential to protect the public

good and welfare;

(2) to carry out the stated purpose of this Act, a method must

be provided to secure usable information concerning the

definition, existence of, operation of, and abandonment of

aggregate quarries and pits;

(3) to provide for a centralized, easily understood method of

requiring safety devices and the administration thereof by one

agency of this state to the exclusion of any other governmental

entity is essential to the smooth workings of any law having

statewide impact.

Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,

1991.

Sec. 133.003. DEFINITIONS. In this chapter:

(1) "Abandoned" means having relinquished all right, title,

claim, and possession with the intent of never again claiming a

future right or title or resuming possession.

(2) "Aggregates" includes any commonly recognized construction

material originating from a quarry or pit by the disturbance of

the surface, including dirt, soil, rock asphalt, clay, granite,

gravel, gypsum, marble, sand, shale, stone, caliche, limestone,

dolomite, rock, riprap, or other nonmineral substance.

(3) "Barrier" means an object of substantial construction that

will obstruct, restrain, and prevent the normal passage of

persons or vehicular traffic and may include guardrails, fences,

or berms or barricades composed of consolidated material or

overburden.

(4) "Berm" means a ridge of refuse, overburden, consolidated

material, or other material in a lengthened elevation designed to

act as a dike or barrier, capable of moderating or limiting the

force of a vehicle in order to impede the passage of the vehicle.

(5) "Commission" means the Railroad Commission of Texas.

(6) "Consolidated material" means material of sufficient

hardness or ability to resist weathering and to inhibit erosion

or sloughing.

(7) "Division" means the Surface Mining and Reclamation

Division, Railroad Commission of Texas, or such department,

bureau, or commission as may lawfully succeed to the powers and

duties of such division.

(8) "Director" means the director, Surface Mining and

Reclamation Division, Railroad Commission of Texas, or the

director's representative.

(9) "Federal act" means the Surface Mining Control and

Reclamation Act of 1977 (Public Law 95-87), and any amendment

thereof.

(10) "Fund" means the abandoned mine reclamation fund

established pursuant to Section 401 of the federal act, and any

amendment thereof.

(11) "Guardrail" means a system of posts and metal rails as

defined by the Texas Department of Transportation.

(12) "Inactive quarry or pit" means a site or any portion of a

site that although previously in aggregate production is not

currently being quarried by any ownership, lease, joint venturer,

or some other legal arrangement.

(13) "In hazardous proximity to a public road" means that

distance beginning 200 feet from the nearest roadway edge of a

public road or highway to the pit perimeter.

(14) "Operator" means any person, partnership, firm, or

corporation engaged in and responsible for the physical operation

and control of the extraction of aggregates.

(15) "Overburden" means all materials displaced in an aggregate

extraction operation that are not or reasonably would not be

expected to be removed from the affected area.

(16) "Owner" means any person, partnership, firm, or corporation

having title, in whole or in part, to the land on which an

aggregate operation exists or has existed.

(17) "Pit" means an open excavation not less than five feet

below the adjacent and natural ground level from which aggregates

have been or are being extracted.

(18) "Public road or right-of-way" means every way publicly

maintained or any part thereof as defined by Section 541.302,

Transportation Code, and the decisions thereunder.

(19) "Quarrying" means the current and ongoing surface

excavation and development without shafts, drafts, or tunnels,

with or without slopes, for the extraction of aggregates from

natural deposits occurring in the earth.

(20) "Quarry" means the site where aggregates are being or have

been removed or extracted from the earth to form the pit,

including the entire excavation, stripped areas, haulage ramps,

the land immediately adjacent thereto upon which the plant

processing the raw materials is located, exclusive of any land

owned or leased by the responsible party not being currently used

in the production of aggregates.

(21) "Refuse" means all waste material directly connected with

the production, cleaning, or preparation of aggregates that have

been produced by quarrying.

(22) "Responsible party" means the operator, lessor, or owner of

lessee as may be subject to the provision of Chapters 2 and 3 of

this Act.

(23) "Ridge" means a lengthened elevation of overburden created

in the aggregate production process.

(24) "Roadway" means the part of the public road intended for

vehicular traffic that consists of an improved driving surface

constructed of concrete, asphalt, compacted soil, rock, or other

material.

(25) "Setback distance" means from the outer right-of-way line

of a public road or highway up to a distance of 25 feet.

(26) "Site" means the tract of land on which is located a pit

and includes the immediate area on which the plant used in the

extraction of aggregates is located.

(27) "Unacceptable unsafe location" means a condition where the

edge of a pit is located within 200 feet of a public roadway

intersection in a manner which, in the judgment of the

commission:

(A) presents a significant risk of harm to public motorists by

reason of the proximity of the pit to the roadway intersection;

and,

(B) has no naturally occurring or artificially constructed

barrier or berm between the road and pit that would likely

prevent a motor vehicle from accidentally entering the pit as the

result of a motor vehicle collision at or near the intersection;

or which,

(C) in the opinion of the commission, is also at any other

location constituting a substantial dangerous risk to the driving

public, which condition can be rectified by the placement of

berms, barriers, guardrails, or other devices as prescribed by

this code.

Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,

1991. Amended by Acts 1993, 73rd Leg., ch. 693, Sec. 1, eff.

Sept. 1, 1993; Acts 1995, 74th Leg., ch. 165, Sec. 22(56), eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 165, Sec. 30.231, eff.

Sept. 1, 1997.

SUBCHAPTER B. AUTHORITY OF COMMISSION

Sec. 133.011. GENERAL AUTHORITY OF THE COMMISSION. To

accomplish the limited purposes of this chapter, the commission

may:

(1) with proper notice to all parties affected, adopt rules and

regulations consistent with the provisions of this chapter and

issue orders necessary to implement and enforce this chapter;

(2) conduct research necessary for the discharge of its duties

under this chapter;

(3) collect and make available to the public information

relating to the inventory and classification of quarries,

including maps and other technical data;

(4) apply for, accept, receive, and administer grants, gifts,

loans, or other funds from any source; and

(5) hold public hearings, take written sworn testimony, hear

witnesses upon oath, and consider reports in regard to the

classifications of pits within the definitions of hazardous

proximity to a public road and unacceptable unsafe location,

issuing rules and orders in relation thereto.

Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,

1991.

Sec. 133.012. INVENTORY OF ACTIVE, INACTIVE, AND ABANDONED

QUARRIES AND PITS. (a) The commission shall inventory,

classify, and maintain a log according to the degree of hazard,

proximity to public roads, age, and current use of all existing,

inactive, or abandoned quarries that have a pit perimeter that is

in hazardous proximity to a public road, and those pits that are

in an unacceptable unsafe location.

(b) The commission shall keep a current log of all quarries that

are required to be inventoried under Subsection (a) of this

section, including such quarries and pits for which initial

operations begin after June 30, 1991.

Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,

1991.

Sec. 133.013. DETERMINATION OF STATUS. After notice and

hearing, the commission may determine whether a quarry or pit has

been abandoned, is active, or is inactive.

Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,

1991.

SUBCHAPTER C. PERSON RESPONSIBLE FOR QUARRY OR PIT

Sec. 133.021. PERSONS RESPONSIBLE FOR QUARRY OR PIT. (a) For

the purposes of this chapter, the person responsible for a quarry

or pit is the current operator of the quarry or pit, except that

if a quarry or pit was abandoned on or before January 1, 1991, or

became inactive before that date and has not resumed operations,

or if no operator exists, then the owner in which the pit exists

is the person responsible.

(b) Where a conflict arises in identifying a person responsible

for the pit, the commission may hold a public hearing.

Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,

1991.

SUBCHAPTER C-1. INITIAL REPORTING REQUIREMENTS

Sec. 133.031. REPORT OF ABANDONED OR INACTIVE QUARRY OR PIT.

(a) On or before March 1, 1992, the person responsible for an

abandoned quarry or pit shall report to the commission.

(b) On or before March 1, 1992, the person responsible for a

quarry or pit that became inactive before January 1, 1991, and

did not resume operations before June 30, 1991, shall report to

the commission.

Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,

1991.

Sec. 133.032. REPORT OF AN ACTIVE QUARRY OR PIT. On or before

October 1, 1991, the person responsible for a quarry or pit that

is active on June 30, 1991, shall report to the commission.

Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,

1991.

Sec. 133.033. FORM AND CONTENT OF REPORT. (a) Each report

under this chapter must show the location, age, operational

status, and current use of the quarry or pit to which the report

applies, and the report form shall be concise and limited to the

information necessary to effect the inventory, and be of not more

than five pages, containing only the information prescribed in

Section 133.046 of this code.

(b) Only a single report under this subchapter is required when

joint owners or operators or a combination of either exists.

(c) Only a single report under this subchapter is required for

each owner or operator having multiple pit locations within the

state.

(d) Only one accurate report relating to each quarry or pit is

required by this subchapter.

Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,

1991.

SUBCHAPTER D. SAFETY AND CERTIFICATION

Sec. 133.041. BARRIERS REQUIRED. (a) A person responsible for

an active pit must construct a barrier or other device required

by this code between a public road adjoining the site and a pit,

provided the pit is in hazardous proximity to the public road.

(b) A person responsible for an abandoned or inactive pit must

construct a barrier or other device required by this code between

a public road adjoining the site and the pit, provided that the

pit is in hazardous proximity to a public road and in an

unacceptable unsafe location. The commission may grant a waiver

from the barrier requirement if the person responsible for the

abandoned or inactive pit submits an application to the

commission showing that:

(1) a governmental entity obtained a right-of-way and

constructed a public road within 200 feet of the abandoned or

inactive pit before August 26, 1991; and

(2) the pit has remained abandoned or inactive since the road

was constructed.

(c) The responsible party may choose to slope the sidewalls of a

pit in place of constructing a berm or barrier, provided that in

the opinion of the responsible party such corrective measure

better serves the public safety and provided that the slope shall

not exceed 30 degrees from the horizontal.

(d) The barrier or other device must be completed not later than

the 90th day after the day on which the person responsible for

the quarry or pit receives a notice of approval under Section

133.048(b) of this code. An additional time of not more than 60

days may be granted by the commission for good cause shown. If

the responsible person must obtain an easement before

constructing the barrier or other device, the commission may

grant additional reasonable time to complete the barrier or other

device.

Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,

1991. Amended by Acts 1993, 73rd Leg., ch. 693, Sec. 2, eff.

Sept. 1, 1993.

Sec. 133.042. CONSTRUCTION STANDARDS. (a) A barrier

constructed under Section 133.041 of this code must:

(1) reach a height that the commission determines that under the

circumstances will obstruct, restrain, and prevent the normal

passage of vehicular traffic;

(2) be of substantial construction suitable for impact under

normal driving conditions; and

(3) have openings to the extent necessary for travel on the

premises and for public road drainage, although such drainage

paths must be covered with protective material, substantial

enough to turn away motor vehicular traffic that normally travels

the adjacent public road.

(b) The commission may not adopt construction standards for

barriers under Subsection (a) that are more stringent than the

Texas Department of Transportation standards.

(c) In the event the commission determines that the pit location

as detailed in the quarry safety plan or other application will

contain substantial soil types of such density and other factors

that will have a high probability of holding or impounding water,

when the pit is operating, inactive, or abandoned, wherein the

impoundment of water poses a definite and determinable

unreasonable risk to human health and safety as set out in this

code, the commission may require the responsible party operating

soil, dirt, clay, gravel, sand, caliche and clay pits to slope

the sidewalls as an additional requirement to obtain a safety

certificate or to alter the berm or barrier.

Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,

1991. Amended by Acts 1993, 73rd Leg., ch. 693, Sec. 3, eff.

Sept. 1, 1993.

Sec. 133.043. CONSTRUCTION COSTS. (a) The commission shall

adopt and implement rules, standards, or procedures necessary to

obtain funds that are or may become available under the federal

act, or any federal or state law, for the cost of constructing

barriers required by this code.

(b) The person responsible for the pit shall pay the cost of

constructing a barrier to the extent that person is unable to

obtain funds available under any state, municipal, or federal

source.

Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,

1991.

Sec. 133.044. PROHIBITION AGAINST OPENING PITS. (a) From and

after November 1, 1991, no person responsible may open a new pit

on a site for the extraction of aggregates in this state wherein

the pit perimeter will be less than 25 feet from the outer

right-of-way line of any public road or highway ("the setback

distance").

(b) From and after November 1, 1991, no person responsible may

open a new pit on a site for the extraction of aggregates in this

state wherein the pit perimeter is in hazardous proximity to a

public road without first filing a quarry safety plan detailing

how the applicant intends to comply with the safety provisions of

this code in the opening and closing of the pit.

(c) The quarry safety plan must:

(1) set out the information required in Section 133.046 et seq.

of this code; and

(2) be filed by the applicant at least 60 days prior to the

opening of the pit; and

(3) contain a statement as to the yearly progress of the

encroachment of the pit perimeter within the hazardous proximity

to a public road, if any, and the type of berm or barrier or

other device required by this code that will be erected; and

(4) be in writing, certified and sworn to the applicant; and

(5) contain any other information relating to safety matters as

the commission by rule or regulation deems essential to the

implementation of this code.

Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,

1991.

Sec. 133.045. SAFETY CERTIFICATE REQUIRED. (a) A safety

certificate is required for an active, inactive, or abandoned

quarry or pit that is located in hazardous proximity to a public

road or is in an unacceptable unsafe location, excluding an

inactive or abandoned quarry or pit that receives a written

waiver from the commission.

(b) From and after November 1, 1991, unless a person responsible

for a quarry or pit has obtained from the commission a

certificate that a quarry or pit complies with this subchapter

and rules or orders adopted under this subchapter, and subject to

Subsection (c) of this section, the person responsible may not:

(1) open a new pit in hazardous proximity to a public road; and

(2) locate a pit in an area wherein it is in an unacceptable

unsafe location; or

(3) reopen, operate, or abandon a quarry or pit that is in

hazardous proximity to a public road and in an unacceptable

unsafe location; and

(4) provided, however, that the person responsible must have

received a notice from the commission that the quarry or pit

requires the operator to obtain a safety certificate, before that

person is prohibited from operating or maintaining the quarry or

pit without a safety certificate.

(c) Any person responsible who, on November 1, 1991, is

utilizing a portion of a site for quarrying operations, including

the stockpiling, sale, or processing of aggregates or a

combination thereof, or who has a current, valid, or outstanding

agreement or legal right to develop, utilize, or quarry the

property, shall be responsible for obtaining a safety certificate

limited to that specific pit area he is using or excavating or

intends to use or excavate.

(d) A person responsible for a quarry or pit may operate the pit

during a period that is described by Subsection (a) or (c) of

Section 133.052 of this code.

(e) In the event a quarry or pit previously not within the

proscribed distance in the definition of "in hazardous proximity

to a public road" and not initially within the purview of

"unacceptable unsafe location" later becomes subject to

regulation as the result of an expansion or relocation of an

existing public road or construction of a new public road, the

person or entity responsible for the expansion or relocation of

the existing public road or construction of a new public road

shall be liable to report the same to the commission within 90

days of the date the expansion, relocation, or construction is

finally accomplished.

(f) The commission shall provide such rules and regulations to

require the person or entity responsible for the expansion or

relocation to erect berms or barriers.

(g) For the purposes of this subsection, the person or entity

responsible for the erection of berms or barriers is that person

or entity having the original and initial legal authority and

responsibility for the initiation and contracting of the

expansion or relocation.

Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,

1991. Amended by Acts 1993, 73rd Leg., ch. 693, Sec. 4, eff.

Sept. 1, 1993.

Sec. 133.046. FORM AND CONTENTS OF APPLICATION. (a) The

commission by rule shall prescribe the form of an application for

a safety certificate.

(b) An application for a safety certificate must contain not

more than:

(1) the name, address, and telephone number of the person

responsible for the quarry or pit;

(2) the name, address, and telephone number of the owner or

owners if different from the person responsible for the quarry or

pit;

(3) the type of quarrying activities, if any, occurring on the

site;

(4) a brief description of the site, including the acreage

outside and inside the pit;

(5) the distance of each pit perimeter from the nearest roadway

edge of each public road that the site adjoins and the nearest

intersection of any public or private road or driveway;

(6) the depth in feet, below the top of the pit highwall located

between the pit and the roadway, of the deepest excavation in the

pit;

(7) a description of and a construction plan for any barrier or

other device allowed in this code to be constructed, specifying

the material to be used and the expected date of completion; and

(8) any other information or condition that, in the opinion of

the operator or owner, constitutes an unacceptable unsafe

location, as defined or required by this Act that is absolutely

essential to the purposes of this Act.

Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,

1991. Amended by Acts 1993, 73rd Leg., ch. 693, Sec. 5, eff.

Sept. 1, 1993.

Sec. 133.047. APPLICATION FEE. (a) The commission may require

the payment of an application fee.

(b) The commission shall set the fee in an amount reasonably

necessary to cover the commission's cost of carrying out this

chapter, but not more than:

(1) $500 for an active aggregate quarry or pit;

(2) $500 for an inactive or abandoned aggregate quarry or pit

unless the responsible party is a governmental entity in which

case the fee shall be no more than $350.

Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,

1991. Amended by Acts 1993, 73rd Leg., ch. 693, Sec. 6, eff.

Sept. 1, 1993.

Sec. 133.048. REVIEW OF APPLICATION. (a) Not later than the

10th day after the day on which an application for a safety

certificate is received, the commission shall review the

application and the plan and determine if each complies with this

subchapter, and with rules or orders adopted under this

subchapter, and issue such findings and conclusions as may be

necessary.

(b) If the application and plan comply with this subchapter, and

rules or orders adopted under this subchapter, the commission

must approve the application and notify the applicant in writing

of the commission's decision.

(c) If the commission determines that an application or plan

does not comply with this subchapter and rules or orders adopted

under this subchapter, the commission must notify the applicant

in writing of the commission's decision, specifying any defects.

(d) Any notices required under Subsections (b) and (c) of this

section must be mailed to the applicant certified mail, postage

prepaid, return receipt requested, not later than the fifth day

after the day on which the commission approves or disapproves the

application.

(e) An applicant who receives notice of denial under Subsections

(c) and (d) of this section may submit, not later than the 30th

day after the day on which the notice is received, a modified

application or plan.

(f) Not later than the fifth day after the day on which the

commission receives a modified application or plan, the

commission must approve or deny the modified application or plan

and notify the applicant in writing of the commission's decision.

(g) The commission shall first review applications for sites

that have been abandoned and that are within the setback

distances.

Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,

1991.

Sec. 133.049. INSPECTION OF BARRIERS. Within 15 days of the

time in which construction of barriers required by Section

133.041 of this code and described in an approved application is

required to be completed, the commission may inspect those

barriers to determine whether they meet the requirements of this

subchapter.

Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,

1991.

Sec. 133.050. ISSUANCE OF CERTIFICATE. (a) If, after

inspection, the commission determines that the barriers described

in an approved application conform with the plan and comply with

this subchapter, and the rules or orders adopted under this

subchapter, the commission must issue a safety certificate to the

person responsible for the pit.

(b) If, after inspection, the commission determines that a

barrier does not comply with this subchapter or a rule or order

adopted under this subchapter, the commission shall give the

applicant written notice of any defects in that barrier and shall

allow the applicant a reasonable time, not to exceed 60 days from

the day notice is received, to cure the defects.

Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,

1991.

Sec. 133.051. TRANSFER OF CERTIFICATE AFTER TRANSFER OF TITLE.

(a) A person holding a safety certificate has the full right,

power, and authority to transfer the certificate upon the sale,

lease, or other transfer of title to the site, provided the new

owner, operator, lessor or lessee, or party in interest files a

written affidavit that:

(1) all barriers between a pit and the nearest roadway edge of

any public road comply with this subchapter, and rules and orders

adopted by this subchapter; and

(2) there will be no change, on or after the day of the transfer

of title or operation, in:

(A) the condition or location of a barrier; and

(B) the distance of a pit perimeter from:

(i) the nearest public road; and

(ii) the nearest intersection of a public road and a private

road or driveway.

(b) The transfer affidavit must be filed not later than the 30th

day after the day on which the transfer of title to or operation

of the quarry or pit occurs.

(c) Except as provided by Section 133.053(a) of this code, the

commission must process and approve a transfer of a safety

certificate not later than the 10th day after the day on which

the commission receives a completed transfer affidavit.

(d) The commission may require the payment of a reasonable fee

for processing the transfer affidavit, not to exceed the actual

administrative costs of receipt and processing, which amount

shall not be more than $250.

(e) The hypothecating, mortgaging, or other transfer of

equitable title or a pledge of any assets to creditors of the

operator or owner shall not require the filing of a transfer

affidavit.

Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,

1991. Amended by Acts 1993, 73rd Leg., ch. 693, Sec. 7, eff.

Sept. 1, 1993.

Sec. 133.052. RECERTIFICATION AFTER TRANSFER OF TITLE. (a)

Unless proper transfer affidavit is filed pursuant to this

subchapter, or an application for an amended certificate as

required by Subsection (b) of this section is pending, an

existing safety certificate expires on the 90th day after the day

on which a sale, lease, or other transfer of title to or

operation of the quarry or pit for which the certificate was

issued occurs.

(b) To obtain an amended or new safety certificate, a new owner,

operator, lessor, or lessee must submit an application and plan

as required by Section 133.046 of this code not later than the

30th day after the day on which the transfer of title to the

quarry or pit occurs or a change in the activities of the quarry

or pit necessitates.

(c) If an application for a new certificate has been submitted

as required by Subsection (b) of this section, the existing

safety certificate continues in effect until the commission's

decision either approving or disapproving the new or amended

certificate is issued and becomes final.

Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,

1991.

Sec. 133.053. DENIAL OR REVOCATION OF CERTIFICATE. (a) At its

option, the commission may not issue or approve the transfer of a

certificate to a person who has violated this chapter or a rule

or order adopted under this chapter.

(b) The commission may revoke or disapprove the transfer of a

safety certificate issued under this subchapter only if, after

notice and hearing, the commission determines that the holder of

the certificate has violated this chapter or a rule or order

adopted under this chapter.

Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,

1991.

Sec. 133.054. CESSATION OF ACTIVE PIT OPERATIONS. (a) The

responsible party who plans or intends to cease active operations

in a quarry or pit subject to the provisions of this code shall,

60 days prior to cessation of operations, notify the commission

of its intent and submit any additional plans the operator

determines necessary to protect the public good and welfare after

the cessation of operations. The commission may charge a fee for

the actual costs of processing the notice, which fee shall not

exceed $500.

(b) The commission shall have inspected the quarry and pit

within 10 days after receipt of the notice in order to ensure

compliance with the provisions of this chapter and any additional

plans by the operator as may be submitted pursuant to Subsection

(a) of this section.

(c) Upon inspection, the commission shall have 10 days to notify

the operator of compliance, or lack thereof, and in the event of

compliance shall issue a safety certificate pursuant to Section

133.050 of this code.

(d) In the event of noncompliance, the commission shall follow

the procedures as set out in Section 133.048 et seq. of this

code.

Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,

1991.

SUBCHAPTER E. ENFORCEMENT AND PENALTIES

Sec. 133.081. NOTICE OF VIOLATION; TIME TO CURE. (a) On

receipt of a complaint or a violation of this chapter or a rule

or order adopted under this chapter or on its own motion, the

commission must give the person responsible for the quarry or pit

written notice of each alleged violation, including the

applicable statutory reference, and rule or order so violated and

its relation thereto, and the date, time, and place for a

hearing.

(b) If, after notice and a hearing, the commission determines

that a violation has occurred, the commission must make written

findings of the actual or threatened violation and the required

corrective work and shall prescribe by order a specific period,

commensurate with the work to be done but not to exceed 90 days

from the date of the order, during which the corrective work must

be done, unless an extension of time for good cause shown by the

person responsible is granted by the commission.

(c) If the responsible party fails to perform corrective work

required by the commission under Subsection (b) of this section

within 120 days after notice is given to the responsible party,

the commission may contract for the corrective work to be done at

reasonable, customary, and ordinary costs applicable in the

industry. Such costs shall be submitted within 30 days of the

date the work is finished, and the responsible party shall have

60 days to pay the costs or appeal the decision. In the event the

responsible party fails to pay the costs as presented or fails

timely to contest or appeal the costs as presented by the

commission, the commission shall have the right to impose such

fine or injunction as is warranted, consistent with the

provisions of Section 133.082 et seq.

Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,

1991.

Sec. 133.082. CIVIL PENALTY. (a) A person or responsible party

who violates this chapter or a rule or order adopted under this

chapter after due notice is liable to the state for a civil

penalty of not less than $500 or more than $5,000 for each act of

violation on a first offense.

(b) A person or responsible party who violates this chapter or a

rule or order adopted under this chapter after due notice is

liable to the state for a civil penalty of not less than $1,000

or more than $10,000 for each act of violation on a second and

subsequent offense.

Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,

1991.

Sec. 133.083. INJUNCTION. (a) The commission may enforce this

chapter or a rule or order adopted under this chapter by

injunction or other appropriate remedy.

(b) On application for injunctive or other relief and a finding

that a person is violating or has violated this chapter or a rule

or order adopted under this chapter, a court may grant the

injunctive or other relief warranted by the facts.

Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,

1991.

Sec. 133.084. RECOVERY OF COSTS. A person responsible for a

quarry or pit is liable to the state for customary, ordinary, and

reasonable costs incurred by the commission in undertaking

corrective or enforcement action under this chapter and for court

costs and attorney's fees.

Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,

1991.

Sec. 133.085. PROCEDURE. (a) At the request of the commission,

the attorney general shall bring suit for injunctive or other

relief, to recover a civil penalty or costs as provided by

Section 133.082 or 133.084 of this code, or for both injunctive

or other relief and to recover a civil penalty or costs.

(b) The action may be brought in the county in which the

offending action has occurred or in the county in which the

defendant resides or has a place of business.

(c) The provisions of this Act supersede any other municipal

ordinance or county regulation that seeks to accomplish the same

ends as set out herein.

Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,

1991.

Sec. 133.086. DISPOSITION OF PENALTIES AND COSTS. Money

collected under Section 133.082 or 133.084 of this code shall be

deposited in the state treasury to the credit of the Texas

aggregates quarry and pit safety fund.

Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,

1991.

Sec. 133.087. COMPLIANCE. Compliance with this Act shall be

admissible as evidence in any legal proceeding.

Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,

1991.

Sec. 133.088. GOVERNMENTAL LIABILITY. The provisions of this

act shall not be construed to impose any liability upon a state

governmental entity or county, or their officers or employees.

Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26,

1991. Amended by Acts 1993, 73rd Leg., ch. 693, Sec. 8, eff.

Sept. 1, 1993.

SUBCHAPTER F. AUTHORITY TO REGULATE QUARRIES AND PITS IN CERTAIN

COUNTIES

Sec. 133.091. COUNTY AUTHORITY TO REGULATE. A county with a

population of 2.4 million or more may adopt regulations requiring

the placement of signs or barriers on aggregate quarries and

pits.

Added by Acts 1993, 73rd Leg., ch. 693, Sec. 9, eff. Sept. 1,

1993.

Sec. 133.092. AREA SUBJECT TO REGULATION. A regulation adopted

under this subchapter applies only in the unincorporated area of

the county.

Added by Acts 1993, 73rd Leg., ch. 693, Sec. 9, eff. Sept. 1,

1993.

Sec. 133.093. CONFLICT WITH COMMISSION RULE. A county may not

adopt regulations for aggregate quarries and pits which are

regulated by the commission.

Added by Acts 1993, 73rd Leg., ch. 693, Sec. 9, eff. Sept. 1,

1993.

SUBCHAPTER G. AUTHORITY TO REGULATE QUARRIES IN CERTAIN

MUNICIPALITIES

Sec. 133.121. USE OF MUNICIPAL QUARRY SITE LOCATED IN DIFFERENT

MUNICIPALITY. (a) This section applies only to a rock quarry:

(1) owned or leased by a municipality with a population of more

than 650,000 according to the 2000 federal decennial census;

(2) located in the boundaries of a municipality with a

population of less than 50,000 according to the 2000 federal

decennial census; and

(3) any part of which is located within one mile of a

residential property.

(b) Before the municipality that owns or leases the rock quarry

may dispose of water treatment byproducts in the site of the

quarry, the municipality must receive the consent of the

governing body of the municipality in which the quarry is

located.

(c) The municipality that owns or leases the rock quarry must

receive the consent of the governing body of the municipality in

which the quarry is located before entering into or extending a

lease to operate the quarry.

(d) The governing body of the municipality in which the rock

quarry is located may not provide consent under Subsection (b) or

(c) if:

(1) that governing body determines that the health, safety, or

welfare of the residents of the municipality may be negatively

affected by the disposal of byproducts or operation of the

quarry;

(2) the quarry site or the operation of the quarry fails to

comply with the land use and zoning regulations of the

municipality; or

(3) the quarry site or the operation of the quarry fails to

correspond with the municipality's land use and development

plans.

Added by Acts 2007, 80th Leg., R.S., Ch.

1259, Sec. 1, eff. June 15, 2007.

SUBCHAPTER Z. MISCELLANEOUS PROVISIONS

Sec. 133.901. DISTANCE BETWEEN PIT AND PROPERTY LINE. (a)

Except as provided by Subsection (b), 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 50 feet.

(b) This section does not apply:

(1) to a pit if the operator and the adjacent property owner

agree that the pit may be located closer to the property line;

(2) to an excavation constructed by a political subdivision to

provide drainage or stormwater retention; or

(3) to a county with a population of 3.3 million or more.

Added by Acts 2001, 77th Leg., ch. 1051, Sec. 1, eff. Sept. 1,

2001. Amended by Acts 2003, 78th Leg., ch. 1017, Sec. 1, eff.

Sept. 1, 2003.