HBA-AMW, CBW H.B. 1838 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 1838 By: Denny Land & Resource Management 7/18/2001 Enrolled BACKGROUND AND PURPOSE The Texas Aggregate Quarry and Pit Safety Act was enacted by the 72nd Legislature and became effective August 26, 1991. Prior to the 77th Legislature, quarry and pit operators were permitted to dig to the edge of an adjacent property line, but there was concern that the erosion associated with quarry operations could encroach on a neighboring property. House Bill 1838 creates a buffer zone of 50 feet between the edge of a pit or a quarry and an adjacent property that is not owned or leased by the operator. 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. ANALYSIS House Bill 1838 amends the Natural Resources Code to set forth provisions regarding the distance between certain pits that are part of quarrying operations and adjacent property lines. At the time quarrying is completed, the bill prohibits 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 from being less than 50 feet. The provisions of the bill apply only to a county with a population of more than 400,000 and less than 475,000. The bill does not apply if the operator and the adjacent property owner agree that the pit may be located closer to the property line. EFFECTIVE DATE September 1, 2001.