Texas Natural Resources Code

§ 133.044 — PROHIBITION AGAINST OPENING PITS

NR § 133.044Title 4. MINES AND MINING · Ch. 133. QUARRY SAFETY · Art. D. SAFETY AND CERTIFICATION

Statute text

(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

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Legislative history

Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620), Sec. 14.006, eff. September 1, 2025.