Bill Text: TX HB1135 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to enforcement of certain regulations by the acquisition of a conservation easement.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-04-12 - Left pending in committee [HB1135 Detail]
Download: Texas-2017-HB1135-Introduced.html
| 85R5791 AJA-F | ||
| By: Workman | H.B. No. 1135 | |
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| relating to enforcement of certain regulations by the acquisition | ||
| of a conservation easement. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 183, Natural Resources | ||
| Code, is amended by adding Section 183.007 to read as follows: | ||
| Sec. 183.007. ENFORCEMENT OF CERTAIN REGULATIONS BY | ||
| CONSERVATION EASEMENT. (a) Notwithstanding any other law, if the | ||
| application of a provision of this code, the Government Code, the | ||
| Local Government Code, or the Water Code, or of a rule, policy, or | ||
| ordinance adopted under this code, the Government Code, the Local | ||
| Government Code, or the Water Code, has the effect of requiring that | ||
| more than 55 percent of the surface area of an owner's private real | ||
| property, other than areas designated by the Federal Emergency | ||
| Management Agency as being in the 100-year floodplain, remain in a | ||
| natural or undeveloped state, the statute, rule, policy, or | ||
| ordinance may not be enforced with respect to the property unless | ||
| the enforcing entity acquires a conservation easement in accordance | ||
| with this chapter that provides for the enforcement of the statute, | ||
| rule, policy, or ordinance with respect to the property. | ||
| (b) If the enforcing entity has eminent domain authority | ||
| that is broad enough to allow the entity to condemn a conservation | ||
| easement described by this section, the entity may acquire the | ||
| easement through the exercise of that authority. | ||
| (c) This section does not apply to: | ||
| (1) a lawful forfeiture or seizure of contraband, as | ||
| defined by Article 59.01, Code of Criminal Procedure; | ||
| (2) a lawful seizure of property as evidence of a crime | ||
| or violation of law; | ||
| (3) the authority of a municipality, county, or other | ||
| political subdivision, the state, or an agency of the state with | ||
| respect to the implementation or enforcement of a statutory | ||
| standard of or an ordinance or rule adopted under: | ||
| (A) the federal Coastal Zone Management Act of | ||
| 1972 (16 U.S.C. Section 1451 et seq.); or | ||
| (B) Subtitle E, Title 2; | ||
| (4) a permit, order, rule, or other action issued, | ||
| adopted, or undertaken by a municipality, county, or other | ||
| political subdivision, the state, or an agency of the state in | ||
| connection with: | ||
| (A) the federal Coastal Zone Management Act of | ||
| 1972 (16 U.S.C. Section 1451 et seq.); or | ||
| (B) Subtitle E, Title 2; | ||
| (5) the enforcement or implementation of Subchapter B, | ||
| Chapter 61, as it existed on September 1, 1995, or to the | ||
| enforcement or implementation of any rule or similar measure | ||
| adopted under that subchapter and in existence on September 1, | ||
| 1995; or | ||
| (6) an action taken by a political subdivision to | ||
| ensure compliance with on-site sewage facility regulations | ||
| promulgated by the Texas Commission on Environmental Quality. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2017. | ||
