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.