HB767 Archives - Reduce Flooding

The Environmental Regulation Committee of the Texas House of Representatives will hear public testimony on three bills concerning sand mines/aggregate production operations on Monday, April 19, 2021. You don’t need to go all the way to Austin to testify. You can leave your comments on the Committee’s website. Just remember, there’s a 5000 character limit. See more about the bills below.

HB 767: Best Practices for Sand Mines

HB767 by Dan Huberty would require the TCEQ to establish best practices for sand mines and publish them on its website. Right now, Texas is one of the few states that doesn’t have a codified set of best practices. Granted, though, some are embodied in the terms of permits and federal laws. But the public never sees these. And many best practices common in other states are notably absent in Texas. For instance, there are no setbacks specified for sand mines from rivers in Texas. Companies can mine right up to the edge of rivers…in the floodway. Then when floods happen, dikes collapse and sediment gets washed downstream.

The Bayou Land Conservancy submitted this letter in support of HB 767. Two key points:

Best management practices (BMPs) would provide guidance for the industry and expectations for the community about how these facilities will be managed and the legacy they will leave.
BMPs would aid stakeholders in identifying which companies are interested in working with and protecting nearby communities.

HB 767 is scheduled for public hearings in Environmental Regulation on 4/19/2021. To learn more about the bill, click here. To support the bill, go to this web page and leave your comments. It’s quick and easy.

HB 291: Reclamation Plans and Performance Bonds for Sand Mines

HB 291 by Representatives Murr and Wilson calls for sand mines to file a reclamation plan before they get a permit to start mining, estimate the cost of the reclamation, and post a performance bond in that amount. Every time the mine expands, the owners would have to update the plan. The purpose of this bill is to ensure that miners simply don’t walk away from mines after the last ounce of profit is milked from them. That’s what many do now. The East and West Forks of the San Jacinto are littered with abandoned mines and rusting equipment. This bill also specifies the types of things that would have to go into the reclamation plan. It is scheduled for a hearing in the Environmental Regulation committee on 4/19/2021. To learn more about the bill, click here.
To support the bill, go to this web page and leave your comments.

HB 1912: Limiting Sand Mine Pollution

HB 1912 by Wilson would limit air-, light-, noise-, and water pollution; and soil erosion. It also sets limits, mandates monitoring equipment, and requires financial assurance for handling violations. Aggregate production operations throughout the state have had these problems. To learn more about the bill, click here. To support the bill, go to this web page and leave your comments.

Video Broadcast of Meeting

A live video broadcast of this hearing will be available here: https://house.texas.gov/video-audio/. The meeting starts at 2 p.m. or after adjournment of the House for the day.

Texas residents who wish to electronically submit comments related to this and other bills without testifying in person can do so until the hearing is adjourned by visiting: https://comments.house.texas.gov/home?c=c260.

One Sneaky, Bad Bill to Fight

Representative Harris of Hillsboro, TX has introduced HB 2144. Keep this on your radar. It takes away a private citizen’s right to sue for nuisance. For instance, if a sand mine were spewing silicon dust on your property, polluting your water, or flooding your home, you would have to convince the state to sue them. Good luck with that.

“Only the state or a political subdivision of this state may bring a public nuisance action…”
HB2144

This bill has already passed out of committee. So the only way to fight it now is with amendments or on the house floor when it comes up for a vote. I suggest you contact your representatives and try to get them to fight this bill. To learn more about the bill, click here. It does not have a companion bill in the senate but, if approved in the House, would go there for consideration.

Today, nuisance is the most frequently pled theory of liability under common law tort for environmental litigation. Under public nuisance, a plaintiff, either a government entity or a private individual, may bring suit if there are damages, interference, or inconvenience to the health or safety of the public at large.

HB 2144 would restrict public nuisance law only to cases where a person causes an unlawful condition, namely “an ongoing circumstance or effect … that is expressly prohibited by the laws of [Texas].” Further, the bill specifically provides that persons or entities engaged in “lawful manufacturing, distributing, selling, advertising, or promoting a lawful product” cannot be a public nuisance. This ignores the fact that people and property can be seriously harmed even though no statute or regulation is violated – that’s one of the reasons we have common law causes like nuisance to begin with! HB 2144 would remove the ability for the government or individuals to stop such harms from occurring or to seek redress.

Posted by Bob Rehak on 4/15/2021

1326 Days after Hurricane Harvey

The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.

Yesterday was the last day for lawmakers to file bills for the 87th Texas legislative session. Eight bills have been introduced to curb abuses of aggregate production operations, which include sand mines. Five address reclamation of mines in various ways.

Huberty’s HB4478: Reclamation and Performance Bonds

Dan Huberty from the Lake Houston Area introduced HB4478 which addresses abandonment of sand mines. Many miners simply walk away from mines leaving abandoned, rusting equipment in place and dangerous conditions. Huberty’s bill would require mines to file a reclamation plan before they start mining and also post a bond ensuring they actually execute the plan. Currently, mines are required to file a plan, but there is no requirement in Texas to execute it. Miners can simply walk away from mines after they extract the last ounce of sand. That can leave scars on the landscape, degrade water quality, and threaten public safety.

Huberty’s HB767: Best Practices

Huberty also introduced HB767, a bill that would require the Texas Commission on Environmental Quality to establish and publish best management practices for sand mining. However, it does not require sand mines to follow the practices. While that’s disappointing, it could bring heat to operations that don’t follow the guidelines.

Biederman’s HB4341: Changes Responsibility for Oversight

Representative Kyle Biederman from Fredericksburg introduced HB4341, a bill that would transfer regulation of aggregate production operations from the Texas Commission on Environmental Quality (TCEQ) to the Texas Railroad Commission (TRRC). The bill gives the Railroad Commission the right to conduct unannounced inspections to ensure compliance with water and air quality regulations. Biederman’s bill also mandates reclamation of mines, but includes more specifics than Huberty’s. Finally, it provides criminal penalties for people who knowingly and willfully violate conditions of their permits. The big news: transfer of oversight responsibility from the TCEQ to TRRC. If it passes, it will be a resounding vote of “no confidence” in the job that the TCEQ has been doing in regulating sand mines.

Zwiener’s HB2422: Limiting Location of Mines

Representative Erin Zwiener from Kyle introduced HB2422. Her bill applies to counties with a population of 500,000 or more. It would allow county commissioners to prohibit the construction or expansion of an aggregate production operation at a location less than one mile from a residence, school, place of worship, hospital, or land platted for residential development. The bill would also allow commissioners to establish conditions for the construction or expansion of mines elsewhere in the county.

Murr’s HB291: Reclamation and Performance Bonds

Representative Andrew Murr from Kerrville introduced HB291. It also focuses on reclamation of mines. It would require the grading of banks, revegetation, and removal of equipment upon completion of mining. The bill would also require operators to reclaim mines in stages as extraction activities on different parts cease. It would give miners a deadline for reclamation, too: six months. Finally, it would require a performance bond equal to $2,500 for each acre affected by extraction activities. Upon completion of reclamation activities, the TCEQ would release the performance bond. Cities and counties would have the right to waive the reclamation requirement if reclamation conflicts with proposed future uses of the land.

*Abandoned dredge left at abandoned Texas Concrete Sand & Gravel Mine in Plum Grove on San Jacinto East Fork.* *Photographed 3/3/2021*

Guillen’s HB1544: APO Taxation

Representative Ryan Guillen from Rio Grande City introduced HB1544. It addresses the tax classification of land used for sand mining. The language is confusing and an analysis of the bill has not yet been submitted. However, it appears to state that sand mine, once it meets requirements for reclamation, may revert to a property tax rate associated with open space, such as agriculture. The bill lays out some unique requirements for reclamation not discussed in the other bills here. While this seems to give sand miners a positive incentive to restore land, I’m not sure how much. In Montgomery County, the tax appraiser routinely grants ag exemptions to land used for sand mining.

Wilson/Schwertner’s HB1912/SB1209: Permit Requirements

HB1912 filed by Representative Terry Wilson of Georgetown establishes additional permit requirements for aggregate production operations. They affect air quality, light pollution, noise, blasting, dust, and other operational issues identified by the House Interim Committee on APOs back in January.

State Senator Charles Schwertner from Bryan introduced SB1209. It is an identical companion bill to HB1912. Companion bills increase the chance of passage by broadening the base of support in both houses.

During the 86th Legislature in 2019, TACA beat back all reasonable attempts to regulate sand mining. Let’s hope for the sake of everyone’s health and property values that this session has more success. I will keep you posted.

Posted by Bob Rehak on 3/13/2021

1292 Days since Hurricane Harvey

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Environmental Regulation Committee Taking Public Comments on Three APO Bills