Texas Natural Resources Code Title 4, Chapter 133 - Quarry Safety

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 133.001 - Short Title
  This chapter may be cited as the Texas Aggregate Quarry and Pit Safety Act. Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff....
• Texas Section 133.002 - Purpose
  The Legislature of the State of Texas finds that: (1) protection of the public good by requiring safety devices for certain aggregate quarries and pits...

SUBCHAPTER B AUTHORITY OF COMMISSION

• Texas Section 133.003 - Definitions
  In this chapter: (1) "Abandoned" means having relinquished all right, title, claim, and possession with the intent of never again claiming a future right or...
• Texas Section 133.011 - General Authority Of The Commission
  To accomplish the limited purposes of this chapter, the commission may: (1) with proper notice to all parties affected, adopt rules and regulations consistent with...
• Texas Section 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...

SUBCHAPTER C PERSON RESPONSIBLE FOR QUARRY OR PIT

• Texas Section 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,...

SUBCHAPTER C-1 INITIAL REPORTING REQUIREMENTS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER D SAFETY AND CERTIFICATION

• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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,...
• Texas Section 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...
• Texas Section 133.045 - Safety Certificate Required
  (a) A safety certificate is required for an active, inactive, or abandoned quarry or pit that is located in hazardous proximity to a public road...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER E ENFORCEMENT AND PENALTIES

• Texas Section 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,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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....

SUBCHAPTER F AUTHORITY TO REGULATE QUARRIES AND PITS IN CERTAIN COUNTIES

• Texas Section 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....
• Texas Section 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....
• Texas Section 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,...

SUBCHAPTER G AUTHORITY TO REGULATE QUARRIES IN CERTAIN MUNICIPALITIES

• Texas Section 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,...

SUBCHAPTER Z MISCELLANEOUS PROVISIONS

• Texas Section 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...
• Texas Section 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...

Last modified: September 28, 2016