reglab/housing_qa huggingface dataset:
TX Nat Res Code § 133.041 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 133 - Quarry Safety|Subchapter D. Safety and Certification|Section 133.041. Barriers Required

Sec. 133.041.  BARRIERS REQUIRED.  (a)  A person responsible for an active pit must construct a barrier or other device required by this code between a public road adjoining the site and a pit, provided the pit is in hazardous proximity to the public road.  (b)  A person responsible for an abandoned or inactive pit must construct a barrier or other device required by this code between a public road adjoining the site and the pit, provided that the pit is in hazardous proximity to a public road and in an unacceptable unsafe location.  The commission may grant a waiver from the barrier requirement if the person responsible for the abandoned or inactive pit submits an application to the commission showing that:(1)  a governmental entity obtained a right-of-way and constructed a public road within 200 feet of the abandoned or inactive pit before August 26, 1991;  and(2)  the pit has remained abandoned or inactive since the road was constructed.(c)  The responsible party may choose to slope the sidewalls of a pit in place of constructing a berm or barrier, provided that in the opinion of the responsible party such corrective measure better serves the public safety and provided that the slope shall not exceed 30 degrees from the horizontal.(d)  The barrier or other device must be completed not later than the 90th day after the day on which the person responsible for the quarry or pit receives a notice of approval under Section 133.048(b) of this code.  An additional time of not more than 60 days may be granted by the commission for good cause shown.  If the responsible person must obtain an easement before constructing the barrier or other device, the commission may grant additional reasonable time to complete the barrier or other device.|Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991.  Amended by Acts 1993, 73rd Leg., ch. 693, Sec. 2, eff. Sept. 1, 1993.|
TX Nat Res Code § 133.042 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 133 - Quarry Safety|Subchapter D. Safety and Certification|Section 133.042. Construction Standards

Sec. 133.042.  CONSTRUCTION STANDARDS.  (a)  A barrier constructed under Section 133.041 of this code must:(1)  reach a height that the commission determines that under the circumstances will obstruct, restrain, and prevent the normal passage of vehicular traffic;(2)  be of substantial construction suitable for impact under normal driving conditions;  and(3)  have openings to the extent necessary for travel on the premises and for public road drainage, although such drainage paths must be covered with protective material, substantial enough to turn away motor vehicular traffic that normally travels the adjacent public road.(b)  The commission may not adopt construction standards for barriers under Subsection (a) that are more stringent than the Texas Department of Transportation standards.(c)  In the event the commission determines that the pit location as detailed in the quarry safety plan or other application will contain substantial soil types of such density and other factors that will have a high probability of holding or impounding water, when the pit is operating, inactive, or abandoned, wherein the impoundment of water poses a definite and determinable unreasonable risk to human health and safety as set out in this code, the commission may require the responsible party operating soil, dirt, clay, gravel, sand, caliche and clay pits to slope the sidewalls as an additional requirement to obtain a safety certificate or to alter the berm or barrier.|Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991.  Amended by Acts 1993, 73rd Leg., ch. 693, Sec. 3, eff. Sept. 1, 1993.|
TX Nat Res Code § 133.043 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 133 - Quarry Safety|Subchapter D. Safety and Certification|Section 133.043. Construction Costs

Sec. 133.043.  CONSTRUCTION COSTS.  (a)  The commission shall adopt and implement rules, standards, or procedures necessary to obtain funds that are or may become available under the federal act, or any federal or state law, for the cost of constructing barriers required by this code.(b)  The person responsible for the pit shall pay the cost of constructing a barrier to the extent that person is unable to obtain funds available under any state, municipal, or federal source.|Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991.|
TX Nat Res Code § 133.044 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 133 - Quarry Safety|Subchapter D. Safety and Certification|Section 133.044. Prohibition Against Opening Pits

Sec. 133.044.  PROHIBITION AGAINST OPENING PITS.  (a)  From and after November 1, 1991, no person responsible may open a new pit on a site for the extraction of aggregates in this state wherein the pit perimeter will be less than 25 feet from the outer right-of-way line of any public road or highway ("the setback distance").(b)  From and after November 1, 1991, no person responsible may open a new pit on a site for the extraction of aggregates in this state wherein the pit perimeter is in hazardous proximity to a public road without first filing a quarry safety plan detailing how the applicant intends to comply with the safety provisions of this code in the opening and closing of the pit.(c)  The quarry safety plan must:(1)  set out the information required in Section 133.046 et seq. of this code;  and(2)  be filed by the applicant at least 60 days prior to the opening of the pit;  and(3)  contain a statement as to the yearly progress of the encroachment of the pit perimeter within the hazardous proximity to a public road, if any, and the type of berm or barrier or other device required by this code that will be erected;  and(4)  be in writing, certified and sworn to the applicant;  and(5)  contain any other information relating to safety matters as the commission by rule or regulation deems essential to the implementation of this code.|Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991.|
TX Nat Res Code § 133.046 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 133 - Quarry Safety|Subchapter D. Safety and Certification|Section 133.046. Form and Contents of Application

Sec. 133.046.  FORM AND CONTENTS OF APPLICATION.  (a)  The commission by rule shall prescribe the form of an application for a safety certificate.(b)  An application for a safety certificate must contain not more than:(1)  the name, address, and telephone number of the person responsible for the quarry or pit;(2)  the name, address, and telephone number of the owner or owners if different from the person responsible for the quarry or pit;(3)  the type of quarrying activities, if any, occurring on the site;(4)  a brief description of the site, including the acreage outside and inside the pit;(5)  the distance of each pit perimeter from the nearest roadway edge of each public road that the site adjoins and the nearest intersection of any public or private road or driveway;(6)  the depth in feet, below the top of the pit highwall located between the pit and the roadway, of the deepest excavation in the pit;(7)  a description of and a construction plan for any barrier or other device allowed in this code to be constructed, specifying the material to be used and the expected date of completion;  and(8)  any other information or condition that, in the opinion of the operator or owner, constitutes an unacceptable unsafe location, as defined or required by this Act that is absolutely essential to the purposes of this Act.|Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991.  Amended by Acts 1993, 73rd Leg., ch. 693, Sec. 5, eff. Sept. 1, 1993.|
TX Nat Res Code § 133.047 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 133 - Quarry Safety|Subchapter D. Safety and Certification|Section 133.047. Application Fee

Sec. 133.047.  APPLICATION FEE.  (a)  The commission may require the payment of an application fee.(b)  The commission shall set the fee in an amount reasonably necessary to cover the commission's cost of carrying out this chapter, but not more than:(1)  $500 for an active aggregate quarry or pit;(2)  $500 for an inactive or abandoned aggregate quarry or pit unless the responsible party is a governmental entity in which case the fee shall be no more than $350.|Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991.  Amended by Acts 1993, 73rd Leg., ch. 693, Sec. 6, eff. Sept. 1, 1993.|
TX Nat Res Code § 133.048 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 133 - Quarry Safety|Subchapter D. Safety and Certification|Section 133.048. Review of Application

Sec. 133.048.  REVIEW OF APPLICATION.  (a)  Not later than the 10th day after the day on which an application for a safety certificate is received, the commission shall review the application and the plan and determine if each complies with this subchapter, and with rules or orders adopted under this subchapter, and issue such findings and conclusions as may be necessary.(b)  If the application and plan comply with this subchapter, and rules or orders adopted under this subchapter, the commission must approve the application and notify the applicant in writing of the commission's decision.(c)  If the commission determines that an application or plan does not comply with this subchapter and rules or orders adopted under this subchapter, the commission must notify the applicant in writing of the commission's decision, specifying any defects.(d)  Any notices required under Subsections (b) and (c) of this section must be mailed to the applicant certified mail, postage prepaid, return receipt requested, not later than the fifth day after the day on which the commission approves or disapproves the application.(e)  An applicant who receives notice of denial under Subsections (c) and (d) of this section may submit, not later than the 30th day after the day on which the notice is received, a modified application or plan.(f)  Not later than the fifth day after the day on which the commission receives a modified application or plan, the commission must approve or deny the modified application or plan and notify the applicant in writing of the commission's decision.(g)  The commission shall first review applications for sites that have been abandoned and that are within the setback distances.|Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991.|
TX Nat Res Code § 133.049 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 133 - Quarry Safety|Subchapter D. Safety and Certification|Section 133.049. Inspection of Barriers

Sec. 133.049.  INSPECTION OF BARRIERS.  Within 15 days of the time in which construction of barriers required by Section 133.041 of this code and described in an approved application is required to be completed, the commission may inspect those barriers to determine whether they meet the requirements of this subchapter.|Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991.|
TX Nat Res Code § 133.050 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 133 - Quarry Safety|Subchapter D. Safety and Certification|Section 133.050. Issuance of Certificate

Sec. 133.050.  ISSUANCE OF CERTIFICATE.  (a)  If, after inspection, the commission determines that the barriers described in an approved application conform with the plan and comply with this subchapter, and the rules or orders adopted under this subchapter, the commission must issue a safety certificate to the person responsible for the pit.(b)  If, after inspection, the commission determines that a barrier does not comply with this subchapter or a rule or order adopted under this subchapter, the commission shall give the applicant written notice of any defects in that barrier and shall allow the applicant a reasonable time, not to exceed 60 days from the day notice is received, to cure the defects.|Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991.|
TX Nat Res Code § 133.051 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 133 - Quarry Safety|Subchapter D. Safety and Certification|Section 133.051. Transfer of Certificate After Transfer of Title

Sec. 133.051.  TRANSFER OF CERTIFICATE AFTER TRANSFER OF TITLE.  (a)  A person holding a safety certificate has the full right, power, and authority to transfer the certificate upon the sale, lease, or other transfer of title to the site, provided the new owner, operator, lessor or lessee, or party in interest files a written affidavit that:(1)  all barriers between a pit and the nearest roadway edge of any public road comply with this subchapter, and rules and orders adopted by this subchapter;  and(2)  there will be no change, on or after the day of the transfer of title or operation, in:(A)  the condition or location of a barrier;  and(B)  the distance of a pit perimeter from:(i)  the nearest public road;  and(ii)  the nearest intersection of a public road and a private road or driveway.(b)  The transfer affidavit must be filed not later than the 30th day after the day on which the transfer of title to or operation of the quarry or pit occurs.(c)  Except as provided by Section 133.053(a) of this code, the commission must process and approve a transfer of a safety certificate not later than the 10th day after the day on which the commission receives a completed transfer affidavit.(d)  The commission may require the payment of a reasonable fee for processing the transfer affidavit, not to exceed the actual administrative costs of receipt and processing, which amount shall not be more than $250.(e)  The hypothecating, mortgaging, or other transfer of equitable title or a pledge of any assets to creditors of the operator or owner shall not require the filing of a transfer affidavit.|Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991.  Amended by Acts 1993, 73rd Leg., ch. 693, Sec. 7, eff. Sept. 1, 1993.|Sec. 133.052.  RECERTIFICATION AFTER TRANSFER OF TITLE.  (a)  Unless proper transfer affidavit is filed pursuant to this subchapter, or an application for an amended certificate as required by Subsection (b) of this section is pending, an existing safety certificate expires on the 90th day after the day on which a sale, lease, or other transfer of title to or operation of the quarry or pit for which the certificate was issued occurs.(b)  To obtain an amended or new safety certificate, a new owner, operator, lessor, or lessee must submit an application and plan as required by Section 133.046 of this code not later than the 30th day after the day on which the transfer of title to the quarry or pit occurs or a change in the activities of the quarry or pit necessitates.(c)  If an application for a new certificate has been submitted as required by Subsection (b) of this section, the existing safety certificate continues in effect until the commission's decision either approving or disapproving the new or amended certificate is issued and becomes final.|Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991.|
TX Nat Res Code § 133.053 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 133 - Quarry Safety|Subchapter D. Safety and Certification|Section 133.053. Denial or Revocation of Certificate

Sec. 133.053.  DENIAL OR REVOCATION OF CERTIFICATE.  (a)  At its option, the commission may not issue or approve the transfer of a certificate to a person who has violated this chapter or a rule or order adopted under this chapter.(b)  The commission may revoke or disapprove the transfer of a safety certificate issued under this subchapter only if, after notice and hearing, the commission determines that the holder of the certificate has violated this chapter or a rule or order adopted under this chapter.|Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991.|
TX Nat Res Code § 133.054 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 133 - Quarry Safety|Subchapter D. Safety and Certification|Section 133.054. Cessation of Active Pit Operations

Sec. 133.054.  CESSATION OF ACTIVE PIT OPERATIONS.  (a)  The responsible party who plans or intends to cease active operations in a quarry or pit subject to the provisions of this code shall, 60 days prior to cessation of operations, notify the commission of its intent and submit any additional plans the operator determines necessary to protect the public good and welfare after the cessation of operations.  The commission may charge a fee for the actual costs of processing the notice, which fee shall not exceed $500.(b)  The commission shall have inspected the quarry and pit within 10 days after receipt of the notice in order to ensure compliance with the provisions of this chapter and any additional plans by the operator as may be submitted pursuant to Subsection (a) of this section.(c)  Upon inspection, the commission shall have 10 days to notify the operator of compliance, or lack thereof, and in the event of compliance shall issue a safety certificate pursuant to Section 133.050 of this code.(d)  In the event of noncompliance, the commission shall follow the procedures as set out in Section 133.048 et seq. of this code.|Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991.|
TX Nat Res Code § 133.081 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 133 - Quarry Safety|Subchapter E. Enforcement and Penalties|Section 133.081. Notice of Violation; Time to Cure

Sec. 133.081.  NOTICE OF VIOLATION;  TIME TO CURE.  (a)  On receipt of a complaint or a violation of this chapter or a rule or order adopted under this chapter or on its own motion, the commission must give the person responsible for the quarry or pit written notice of each alleged violation, including the applicable statutory reference, and rule or order so violated and its relation thereto, and the date, time, and place for a hearing.(b)  If, after notice and a hearing, the commission determines that a violation has occurred, the commission must make written findings of the actual or threatened violation and the required corrective work and shall prescribe by order a specific period, commensurate with the work to be done but not to exceed 90 days from the date of the order, during which the corrective work must be done, unless an extension of time for good cause shown by the person responsible is granted by the commission.(c)  If the responsible party fails to perform corrective work required by the commission under Subsection (b) of this section within 120 days after notice is given to the responsible party, the commission may contract for the corrective work to be done at reasonable, customary, and ordinary costs applicable in the industry.  Such costs shall be submitted within 30 days of the date the work is finished, and the responsible party shall have 60 days to pay the costs or appeal the decision.  In the event the responsible party fails to pay the costs as presented or fails timely to contest or appeal the costs as presented by the commission, the commission shall have the right to impose such fine or injunction as is warranted, consistent with the provisions of Section 133.082 et seq.|Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991.|
TX Nat Res Code § 133.082 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 133 - Quarry Safety|Subchapter E. Enforcement and Penalties|Section 133.082. Civil Penalty

Sec. 133.082.  CIVIL PENALTY.  (a)  A person or responsible party who violates this chapter or a rule or order adopted under this chapter after due notice is liable to the state for a civil penalty of not less than $500 or more than $5,000 for each act of violation on a first offense.(b)  A person or responsible party who violates this chapter or a rule or order adopted under this chapter after due notice is liable to the state for a civil penalty of not less than $1,000 or more than $10,000 for each act of violation on a second and subsequent offense.|Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991.|
TX Nat Res Code § 133.083 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 133 - Quarry Safety|Subchapter E. Enforcement and Penalties|Section 133.083. Injunction

Sec. 133.083.  INJUNCTION.  (a)  The commission may enforce this chapter or a rule or order adopted under this chapter by injunction or other appropriate remedy.(b)  On application for injunctive or other relief and a finding that a person is violating or has violated this chapter or a rule or order adopted under this chapter, a court may grant the injunctive or other relief warranted by the facts.|Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991.|
TX Nat Res Code § 133.084 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 133 - Quarry Safety|Subchapter E. Enforcement and Penalties|Section 133.084. Recovery of Costs

Sec. 133.084.  RECOVERY OF COSTS.  A person responsible for a quarry or pit is liable to the state for customary, ordinary, and reasonable costs incurred by the commission in undertaking corrective or enforcement action under this chapter and for court costs and attorney's fees.|Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991.|
TX Nat Res Code § 133.085 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 133 - Quarry Safety|Subchapter E. Enforcement and Penalties|Section 133.085. Procedure

Sec. 133.085.  PROCEDURE.  (a)  At the request of the commission, the attorney general shall bring suit for injunctive or other relief, to recover a civil penalty or costs as provided by Section 133.082 or 133.084 of this code, or for both injunctive or other relief and to recover a civil penalty or costs.(b)  The action may be brought in the county in which the offending action has occurred or in the county in which the defendant resides or has a place of business.(c)  The provisions of this Act supersede any other municipal ordinance or county regulation that seeks to accomplish the same ends as set out herein.|Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991.|
TX Nat Res Code § 133.086 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 133 - Quarry Safety|Subchapter E. Enforcement and Penalties|Section 133.086. Disposition of Penalties and Costs

Sec. 133.086.  DISPOSITION OF PENALTIES AND COSTS.  Money collected under Section 133.082 or 133.084 of this code shall be deposited in the state treasury to the credit of the Texas aggregates quarry and pit safety fund.|Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991.|
TX Nat Res Code § 133.087 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 133 - Quarry Safety|Subchapter E. Enforcement and Penalties|Section 133.087. Compliance

Sec. 133.087.  COMPLIANCE.  Compliance with this Act shall be admissible as evidence in any legal proceeding.|Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991.|
TX Nat Res Code § 133.088 (2021)
2021 Texas Statutes|Natural Resources Code|Title 4 - Mines and Mining|Chapter 133 - Quarry Safety|Subchapter E. Enforcement and Penalties|Section 133.088. Governmental Liability

Sec. 133.088.  GOVERNMENTAL LIABILITY.  The provisions of this act shall not be construed to impose any liability upon a state governmental entity or county, or their officers or employees.|Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991.  Amended by Acts 1993, 73rd Leg., ch. 693, Sec. 8, eff. Sept. 1, 1993.|