HBA-EVB H.B. 2234 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2234 By: Denny Land & Resource Management 4/5/1999 Introduced 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. Therefore, erosion associated with quarry operations may encroach on a neighboring property. H.B. 2234 creates a buffer zone, using a set formula, between the edge of a pit or a quarry and an adjacent property that is not owned or leased by the operator. This bill provides that this provision does not apply if the operator and the adjacent property owner agree that the pit may be located closer to the property line. 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 Chapter 133, Natural Resources Code, by adding Subchapter Z, as follows: SUBCHAPTER Z. MISCELLANEOUS PROVISIONS Sec. 133.901. DISTANCE BETWEEN PIT AND PROPERTY LINE. Provides that 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 1.5 times the vertical distance from the original ground surface to the top of the consolidated material, plus 25 feet. Provides that this section is inapplicable if the operator and the adjacent property owner agree that the pit may be located closer to the property line. SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause.