HBA-RBT H.B. 1170 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1170 By: Tillery Land & Resource Management 3/18/1999 Introduced BACKGROUND AND PURPOSE Currently, all active or abandoned pits or quarries located within hazardous proximity to a public roadway must receive safety certification from the Texas Railroad Commission. This certificate is issued to the responsible party for the pit or quarry, for a fee of $500. Without a safety certification, the responsible party must build a barrier around the hazard. Failure to do so could cause a fine to be levied up to $10,000. H.B. 1170 exempts a responsible party from building a barrier or securing a safety certification if the person purchased the pit or became responsible for an inactive or abandoned pit before August 26, 1991, that has remained inactive, and if the person did not create the pit. This bill provides financial relief to landowners, who may have been unaware at the time of purchase that they would be subject to fees and fines for what was previously not deemed a public safety hazard. 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 Section 133.041(b), Natural Resources Code, to make conforming changes. SECTION 2. Amends Section 133.045(a), Natural Resources Code, to make conforming changes. SECTION 3. Amends Subchapter D, Chapter 133, Natural Resources Code, by adding Section 133.055, as follows: Sec. 133.055. EXEMPTION. Provides that a person responsible for an abandoned or inactive pit is not required to construct a barrier or other device as required by Section 133.041 and is not required to obtain a safety certificate under Section 133.045 if the person purchased or otherwise became responsible for the pit before August 26, 1991, the pit was abandoned or inactive when the person purchased or otherwise became responsible for the pit, the pit has not been active during any period in which the person has been responsible for the pit, and the person did not create the pit. SECTION 4. Emergency clause. Effective date: upon passage.