reglab/statecodes huggingface dataset:
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 133 - Quarry Safety › Subchapter B. Authority of Commission › Section 133.012. Inventory of Active, Inactive, and Abandoned Quarries and Pits

Sec. 133.012.  INVENTORY OF ACTIVE, INACTIVE, AND ABANDONED QUARRIES AND PITS.  (a)  The commission shall inventory, classify, and maintain a log according to the degree of hazard, proximity to public roads, age, and current use of all existing, inactive, or abandoned quarries that have a pit perimeter that is in hazardous proximity to a public road, and those pits that are in an unacceptable unsafe location.
(b)  The commission shall keep a current log of all quarries that are required to be inventoried under Subsection (a) of this section, including such quarries and pits for which initial operations begin after June 30, 1991.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 133 - Quarry Safety › Subchapter B. Authority of Commission › Section 133.013. Determination of Status

Sec. 133.013.  DETERMINATION OF STATUS.  After notice and hearing, the commission may determine whether a quarry or pit has been abandoned, is active, or is inactive.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 133 - Quarry Safety › Subchapter C. Person Responsible for Quarry or Pit › Section 133.021. Persons Responsible for Quarry or Pit

Sec. 133.021.  PERSONS RESPONSIBLE FOR QUARRY OR PIT.  (a)  For the purposes of this chapter, the person responsible for a quarry or pit is the current operator of the quarry or pit, except that if a quarry or pit was abandoned on or before January 1, 1991, or became inactive before that date and has not resumed operations, or if no operator exists, then the owner in which the pit exists is the person responsible.
(b)  Where a conflict arises in identifying a person responsible for the pit, the commission may hold a public hearing.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 133 - Quarry Safety › Subchapter C. -1. Initial Reporting Requirements › Section 133.031. Report of Abandoned or Inactive Quarry or Pit

Sec. 133.031.  REPORT OF ABANDONED OR INACTIVE QUARRY OR PIT.  (a)  On or before March 1, 1992, the person responsible for an abandoned quarry or pit shall report to the commission.
(b)  On or before March 1, 1992, the person responsible for a quarry or pit that became inactive before January 1, 1991, and did not resume operations before June 30, 1991, shall report to the commission.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 133 - Quarry Safety › Subchapter C. -1. Initial Reporting Requirements › Section 133.032. Report of an Active Quarry or Pit

Sec. 133.032.  REPORT OF AN ACTIVE QUARRY OR PIT.  On or before October 1, 1991, the person responsible for a quarry or pit that is active on June 30, 1991, shall report to the commission.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 133 - Quarry Safety › Subchapter C. -1. Initial Reporting Requirements › Section 133.033. Form and Content of Report

Sec. 133.033.  FORM AND CONTENT OF REPORT.  (a)  Each report under this chapter must show the location, age, operational status, and current use of the quarry or pit to which the report applies, and the report form shall be concise and limited to the information necessary to effect the inventory, and be of not more than five pages, containing only the information prescribed in Section 133.046 of this code.
(b)  Only a single report under this subchapter is required when joint owners or operators or a combination of either exists.
(c)  Only a single report under this subchapter is required for each owner or operator having multiple pit locations within the state.
(d)  Only one accurate report relating to each quarry or pit is required by this subchapter.
Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 133 - Quarry Safety › Subchapter F. Authority to Regulate Quarries and Pits in Certain Counties › Section 133.091. County Authority to Regulate

Sec. 133.091.  COUNTY AUTHORITY TO REGULATE.  A county with a population of 3.3 million or more may adopt regulations requiring the placement of signs or barriers on aggregate quarries and pits.
Added by Acts 1993, 73rd Leg., ch. 693, Sec. 9, eff. Sept. 1, 1993.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 107, eff. September 1, 2011.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 133 - Quarry Safety › Subchapter F. Authority to Regulate Quarries and Pits in Certain Counties › Section 133.092. Area Subject to Regulation

Sec. 133.092.  AREA SUBJECT TO REGULATION.  A regulation adopted under this subchapter applies only in the unincorporated area of the county.
Added by Acts 1993, 73rd Leg., ch. 693, Sec. 9, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 133 - Quarry Safety › Subchapter F. Authority to Regulate Quarries and Pits in Certain Counties › Section 133.093. Conflict With Commission Rule

Sec. 133.093.  CONFLICT WITH COMMISSION RULE.  A county may not adopt regulations for aggregate quarries and pits which are regulated by the commission.
Added by Acts 1993, 73rd Leg., ch. 693, Sec. 9, eff. Sept. 1, 1993.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 133 - Quarry Safety › Subchapter G. Authority to Regulate Quarries in Certain Municipalities › Section 133.121. Use of Municipal Quarry Site Located in Different Municipality

Sec. 133.121.  USE OF MUNICIPAL QUARRY SITE LOCATED IN DIFFERENT MUNICIPALITY.  (a)  This section applies only to a rock quarry:
(1)  owned or leased by a municipality with a population of more than 650,000 according to the 2000 federal decennial census;
(2)  located in the boundaries of a municipality with a population of less than 50,000 according to the 2000 federal decennial census; and
(3)  any part of which is located within one mile of a residential property.
(b)  Before the municipality that owns or leases the rock quarry may dispose of water treatment byproducts in the site of the quarry, the municipality must receive the consent of the governing body of the municipality in which the quarry is located.
(c)  The municipality that owns or leases the rock quarry must receive the consent of the governing body of the municipality in which the quarry is located before entering into or extending a lease to operate the quarry.
(d)  The governing body of the municipality in which the rock quarry is located may not provide consent under Subsection (b) or (c) if:
(1)  that governing body determines that the health, safety, or welfare of the residents of the municipality may be negatively affected by the disposal of byproducts or operation of the quarry;
(2)  the quarry site or the operation of the quarry fails to comply with the land use and zoning regulations of the municipality; or
(3)  the quarry site or the operation of the quarry fails to correspond with the municipality's land use and development plans.
Added by Acts 2007, 80th Leg., R.S., Ch. 1259 (H.B. 2910), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 133 - Quarry Safety › Subchapter Z. Miscellaneous Provisions › Section 133.901. Distance Between Pit and Property Line

Sec. 133.901.  DISTANCE BETWEEN PIT AND PROPERTY LINE.  (a)  Except as provided by Subsection (b), 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 50 feet.
(b)  This section does not apply:
(1)  to a pit if the operator and the adjacent property owner agree that the pit may be located closer to the property line;
(2)  to an excavation constructed by a political subdivision to provide drainage or stormwater retention;  or
(3)  to a county with a population of 3.3 million or more.
Added by Acts 2001, 77th Leg., ch. 1051, Sec. 1, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 1017, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter A. General Provisions › Section 134.001. Short Title

Sec. 134.001.  SHORT TITLE.  This chapter may be cited as the Texas Surface Coal Mining and Reclamation Act.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter A. General Provisions › Section 134.002. Findings and Declaration of Policy

Sec. 134.002.  FINDINGS AND DECLARATION OF POLICY.  The legislature finds and declares that:
(1)  the Congress of the United States has enacted the federal Act, which provides for the establishment of a nationwide program to regulate surface coal mining and reclamation and which vests exclusive authority in the Department of the Interior over the regulation of surface coal mining and reclamation in the United States;
(2)  Section 101 of the federal Act contains the finding by Congress that because of the diversity in terrain, climate, biologic, chemical, and other physical conditions in areas subject to mining operations, the primary governmental responsibility for developing, authorizing, issuing, and enforcing regulations for surface mining and reclamation operations subject to that Act should rest with the states;
(3)  Section 503 of the federal Act provides that each state may assume and retain exclusive jurisdiction over the regulation of surface coal mining and reclamation operations in that state by obtaining approval of a state program of regulation that demonstrates that the state is able to carry out the provisions and meet the purposes of that Act;
(4)  Section 503 of the federal Act further provides that a state wishing to assume exclusive jurisdiction over the regulation of surface coal mining and reclamation operations in the state must have a state law that provides for the regulation of surface coal mining and reclamation operations in accordance with that Act;  and
(5)  this state wishes to assume exclusive jurisdiction over the regulation of surface coal mining and reclamation operations in the state under the federal Act.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter A. General Provisions › Section 134.003. Purposes

Sec. 134.003.  PURPOSES.  It is the purpose of this chapter:
(1)  to prevent adverse effects to society and the environment from unregulated surface coal mining operations as defined by this chapter;
(2)  to assure that the rights of surface landowners and other persons with a legal interest in the land or appurtenances to the land are protected from unregulated surface coal mining operations;
(3)  to assure that surface coal mining operations are conducted in a manner that will prevent unreasonable degradation of land and water resources;
(4)  to assure that reclamation of all land on which surface coal mining takes place occurs as contemporaneously as practicable with the surface coal mining, recognizing that extracting coal by responsible mining operations is an essential and beneficial economic activity;
(5)  to assure that the coal supply essential to this state's energy requirements and to its economic and social well-being is provided and to strike a balance between environmental protection and agricultural productivity and this state's need for coal as an essential source of energy;  and
(6)  to promote the reclamation of mined areas left without adequate reclamation before the enactment of the federal Act and that continue, in their unreclaimed condition, substantially to degrade the quality of the environment, prevent or damage the beneficial use of land or water resources, or endanger the health or safety of the public.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter A. General Provisions › Section 134.005. Exemptions

Sec. 134.005.  EXEMPTIONS.  (a)  This chapter does not apply to the extraction of coal:
(1)  by a landowner for the landowner's own noncommercial use from land owned or leased by the landowner;  or
(2)  incidental to federal, state, or local government-financed highway or other construction under commission rules.
(b)  Subsection (a)(1) does not exempt the noncommercial production of coal by in situ distillation or retorting, leaching, or another chemical or physical process or preparation.
(c)  This chapter does not apply to surface coal mining and reclamation operations in existence before August 3, 1977.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 165, Sec. 25.01(b), eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter A. General Provisions › Section 134.006. Water Rights

Sec. 134.006.  WATER RIGHTS.  This chapter does not affect the right of a person under other law to enforce or protect the person's interest in water resources affected by a surface coal mining operation.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter A. General Provisions › Section 134.007. Conflict of Interest; Offense

Sec. 134.007.  CONFLICT OF INTEREST;  OFFENSE.  (a)  An employee of the commission commits an offense if the employee knowingly:
(1)  performs a function or duty under this chapter;  and
(2)  has a direct or indirect financial interest in an underground or surface coal mining operation.
(b)  An offense under this section is punishable by:
(1)  a fine of not more than $2,500;
(2)  imprisonment for not more than one year;  or
(3)  both the fine and the imprisonment.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter A. General Provisions › Section 134.008. Applicability to Governmental Units

Sec. 134.008.  APPLICABILITY TO GOVERNMENTAL UNITS.  An agency, unit, or instrumentality of federal, state, or local government, including a publicly owned utility or publicly owned corporation of federal, state, or local government, that proposes to engage in surface coal mining operations that are subject to this chapter shall comply with this chapter.
Added by Acts 1997, 75th Leg., ch. 165, Sec. 25.01(c), eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter B. Powers and Duties of Commission › Section 134.012. Jurisdiction of Commission Over Surface Coal, Iron Ore, and Iron Ore Gravel Mining and Reclamation Operations

Sec. 134.012.  JURISDICTION OF COMMISSION OVER SURFACE COAL, IRON ORE, AND IRON ORE GRAVEL MINING AND RECLAMATION OPERATIONS.  (a)  The commission has exclusive jurisdiction over:
(1)  surface coal mining and reclamation operations in this state;  and
(2)  iron ore and iron ore gravel mining and reclamation operations in this state.
(b)  This chapter governs iron ore and iron ore gravel mining and reclamation operations to the extent it can be made applicable.
(c)  The jurisdiction conferred by Subsection (a)(2) does not extend to:
(1)  a mining or reclamation activity in progress on or before September 1, 1985;  or
(2)  a mining operation or reclamation activity that is conducted solely on real property owned in fee simple by the person authorizing the operation or reclamation activity and that is confined to a single, contiguous tract of land, if:
(A)  the activity is conducted in an area not larger than 20 acres;
(B)  the depth of the mining operation is restricted to 30 inches or less;  and
(C)  the fee simple owner receives surface damages.
(d)  This chapter does not authorize the commission to adjudicate property title or property rights disputes.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter B. Powers and Duties of Commission › Section 134.013. Rulemaking and Permitting

Sec. 134.013.  RULEMAKING AND PERMITTING.  (a)  The commission shall adopt rules pertaining to surface coal mining and reclamation operations required by this chapter.
(b)  The process of making and amending rules and issuing permits is subject to Chapter 2001, Government Code.
(c)  A rule or an amended rule adopted or a permit issued by the commission may have different terms for particular conditions, types of coal being extracted, particular areas of the state, or other relevant or necessary conditions if the action taken is consistent with the general intent and purposes of this chapter.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter B. Powers and Duties of Commission › Section 134.014. Coal Exploration Operations

Sec. 134.014.  COAL EXPLORATION OPERATIONS.  (a)  A person who conducts coal exploration operations that substantially disturb the natural land surface shall comply with commission rules adopted to govern those operations.  The rules shall require that before conducting the exploration, a person file with the commission notice of intent to explore and include with the notice:
(1)  a description of the exploration area and the period of proposed exploration;  and
(2)  provisions for reclaiming, in accordance with the performance standards in Sections 134.091 through 134.109, the land disturbed in exploration, including provisions for reclamation of excavations, roads, and drill holes and for removal of necessary facilities and equipment.
(b)  A person who conducts coal exploration operations that substantially disturb the natural land surface in violation of this section or a rule adopted under this section is subject to Sections 134.174 through 134.181.
(c)  An operator may not remove more than 250 tons of coal under an exploration permit without the specific written approval of the commission.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 25.01(d), eff. Sept. 1, 1997.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter B. Powers and Duties of Commission › Section 134.015. Surface Effects of Underground Mining

Sec. 134.015.  SURFACE EFFECTS OF UNDERGROUND MINING.  (a)  The commission shall adopt rules applicable to the surface effects of underground mining that are consistent with the federal Act and regulations adopted under that Act by the secretary of the interior.
(b)  This chapter applies to the regulation of the surface effects of underground mining operations as established by Section 516 of the federal Act.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter B. Powers and Duties of Commission › Section 134.016. Development of Process for Designating Areas Unsuitable for Surface Coal Mining

Sec. 134.016.  DEVELOPMENT OF PROCESS FOR DESIGNATING AREAS UNSUITABLE FOR SURFACE COAL MINING.  The commission shall develop a process for designating areas unsuitable for surface coal mining.  The process shall include:
(1)  reviewing surface coal mining land;
(2)  developing a data base and an inventory system that will permit proper evaluation of the capacity of different land areas of the state to support and permit reclamation of surface coal mining operations;
(3)  developing, by rule, a method or methods for implementing land use planning decisions about surface coal mining operations;  and
(4)  developing, by rule, proper notice, provisions, and opportunities for public participation, including a public hearing, before the commission makes a designation or redesignation under Section 134.020.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter B. Powers and Duties of Commission › Section 134.017. Petition for Designation

Sec. 134.017.  PETITION FOR DESIGNATION.  (a)  An affected person is entitled:
(1)  before an application is filed under Section 134.052, to petition the commission to designate an area unsuitable for surface coal mining operations;  or
(2)  to petition the commission to terminate a designation.
(b)  The petition shall contain:
(1)  allegations of facts;  and
(2)  supporting evidence that would tend to establish the allegations.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter B. Powers and Duties of Commission › Section 134.018. Hearing on Designation

Sec. 134.018.  HEARING ON DESIGNATION.  (a)  Not later than 10 months after the date the commission receives the petition, the commission shall hold a public hearing under Chapter 2001, Government Code, in the locality of the affected area.
(b)  After a person has filed a petition under Section 134.017 and before the hearing required by Subsection (a), any person may intervene by filing allegations of facts with supporting evidence that would tend to establish the allegations.
(c)  A hearing is not required if all petitioners stipulate agreement before the requested hearing and withdraw their requests.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.
2023 Texas Statutes › Natural Resources Code › Title 4 - Mines and Mining › Chapter 134 - Texas Surface Coal Mining and Reclamation Act › Subchapter B. Powers and Duties of Commission › Section 134.019. Commission Statement

Sec. 134.019.  COMMISSION STATEMENT.  Before designating a land area unsuitable for surface coal mining operations, the commission shall prepare a detailed statement on:
(1)  the potential coal resources of the area;
(2)  the demand for coal resources;  and
(3)  the impact of the designation on the environment, the economy, and the supply of coal.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 12.02(a), eff. Sept. 1, 1995.