HBA-CBW H.B. 2342 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2342
By: Edwards
Land & Resource Management
3/21/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, the Texas Administrative Code imposes limitations governing  the
proximity of a rock crusher to a recreational or residential area.
However,  the one-half mile distance from a recreational area or residence
may be a cause of concern regarding the safety of individuals utilizing
public or private recreational areas and of individuals whose residence is
close to the operation of a rock crusher.  House Bill 2342 prohibits a
portable rock crusher from being operated less than one mile from any
recreational area or from a residence or other structure that is occupied
by a person other than the operator of the rock crusher and limits the
height of aggregate, rock, or gravel piles maintained in the vicinity of a
rock crusher. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Natural Resource Conservation
Commission in SECTION 1 (Section 382.0592, Health and Safety Code ) of this
bill. 

ANALYSIS

House Bill 2342 amends the Health and Safety Code to prohibit a rock
crusher from being operated less than one mile from any recreational area
or from a residence or other structure this is occupied or used by a person
other than the operator of the rock crusher or the owner of the property on
which the rock crusher is operated.  The bill provides that aggregate,
rock, or gravel piles maintained in the vicinity of a rock crusher are
prohibited from exceeding a height of 15 feet.  The bill requires the Texas
Natural Resource Conservation Commission to adopt rules to implement the
Act. The bill provides that the Act applies only to the location and
operation of a rock crusher that may be moved and operated in different
locations. 

EFFECTIVE DATE

September 1, 2001.