HBA-CBW C.S.H.B. 1838 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1838 By: Denny Land & Resource Management 4/6/2001 Committee Report (Substituted) 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, but the erosion associated with quarry operations may encroach on a neighboring property. C.S.H.B. 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 C.S.H.B. 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 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. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1838 differs from the original bill by providing that the distance from the edge of the consolidated material of a pit may not be less than 50 feet, rather than 25 feet, from the nearest adjacent property line.