(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.

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Terms Used In Texas Natural Resources Code 133.044


(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.