Title NR, Natural Resources Code

Sec. 133.012. INVENTORY OF ACTIVE, INACTIVE, AND ABANDONED QUARRIES AND PITS. (a) The department 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 …

Sec. 133.013. DETERMINATION OF STATUS. After notice and hearing, the department 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. Amended by: Acts 2025, 89th Leg., R.S., Ch. 204…

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…

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 department. (b) On or before March 1, 1992, the person responsible for a quarry or pit that became inactive befor…

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 department. Added by Acts 1991, 72nd Leg., ch. 668, Sec. 1, eff. Aug. 26, 1991. Amended by: Acts 2025, 89…

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 …

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 f…

Sec. 133.042. CONSTRUCTION STANDARDS. (a) A barrier constructed under Section 133.041 of this code must: (1) reach a height that the department determines that under the circumstances will obstruct, restrain, and prevent the normal passage of vehicular traffic; (2) be of substant…

Sec. 133.043. CONSTRUCTION COSTS. (a) The department 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 cod…

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 publi…

Sec. 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 or is in an unacceptable unsafe location, excluding an inactive or abandoned quarry or pit t…

Sec. 133.046. FORM AND CONTENTS OF APPLICATION. (a) The department 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 respon…

Sec. 133.047. APPLICATION FEE. (a) The department may require the payment of an application fee. (b) The department shall set the fee in an amount reasonably necessary to cover the department's cost of carrying out this chapter, but not more than: (1) $500 for an active aggregate…

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 department shall review the application and the plan and determine if each complies with this subchapter, and with rules or orders …

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 department may inspect those barriers to determine whether they me…

Sec. 133.050. ISSUANCE OF CERTIFICATE. (a) If, after inspection, the department 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 department must issu…

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 …

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 9…

Sec. 133.053. DENIAL OR REVOCATION OF CERTIFICATE. (a) At its option, the department 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 department may revoke or disapprove the tra…

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 department of its intent and submit an…

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 department must give the person responsible for the quarry or pit written notice of each alleged v…

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 offens…

Sec. 133.083. INJUNCTION. (a) The department 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 o…

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 department in undertaking corrective or enforcement action under this chapter and for court costs and attorney's fees. Ad…

Sec. 133.085. PROCEDURE. (a) At the request of the department, 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…

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,…

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.

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, 73…

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 20…

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.

Sec. 133.093. CONFLICT WITH DEPARTMENT RULE. A county may not adopt regulations for aggregate quarries and pits which are regulated by the department. Added by Acts 1993, 73rd Leg., ch. 693, Sec. 9, eff. Sept. 1, 1993. Amended by: Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620), …

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…

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 tha…