Bill Text: TX SB875 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to compliance with state and federal environmental permits as a defense to certain actions for nuisance or trespass.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2011-06-17 - Effective immediately [SB875 Detail]
Download: Texas-2011-SB875-Enrolled.html
| S.B. No. 875 | ||
|
|
||
| relating to compliance with state and federal environmental permits | ||
| as a defense to certain actions for nuisance or trespass. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter F, Chapter 7, Water Code, is amended | ||
| by adding Section 7.257 to read as follows: | ||
| Sec. 7.257. DEFENSE TO NUISANCE OR TRESPASS. (a) A | ||
| person, as defined by Section 382.003, Health and Safety Code, who | ||
| is subject to an administrative, civil, or criminal action brought | ||
| under this chapter for nuisance or trespass arising from greenhouse | ||
| gas emissions has an affirmative defense to that action if the | ||
| person's actions that resulted in the alleged nuisance or trespass | ||
| were authorized by a rule, permit, order, license, certificate, | ||
| registration, approval, or other form of authorization issued by | ||
| the commission or the federal government or an agency of the federal | ||
| government and: | ||
| (1) the person was in substantial compliance with that | ||
| rule, permit, order, license, certificate, registration, approval, | ||
| or other authorization while the alleged nuisance or trespass was | ||
| occurring; or | ||
| (2) the commission or the federal government or an | ||
| agency of the federal government exercised enforcement discretion | ||
| in connection with the actions that resulted in the alleged | ||
| nuisance or trespass. | ||
| (b) This section does not apply to nuisance actions solely | ||
| based on a noxious odor. | ||
| SECTION 2. Section 7.257, Water Code, as added by this Act, | ||
| applies only to an administrative enforcement action, a civil | ||
| action, or a prosecution that is commenced on or after the effective | ||
| date of this Act. An administrative enforcement action, a civil | ||
| action, or a prosecution commenced before the effective date of | ||
| this Act is governed by the law in effect on the date the action or | ||
| prosecution commenced, and that law is continued in effect for that | ||
| purpose. | ||
| SECTION 3. 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, 2011. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 875 passed the Senate on | ||
| April 4, 2011, by the following vote: Yeas 23, Nays 8; | ||
| May 26, 2011, Senate refused to concur in House amendments and | ||
| requested appointment of Conference Committee; May 27, 2011, House | ||
| granted request of the Senate; May 28, 2011, Senate adopted | ||
| Conference Committee Report by the following vote: Yeas 23, | ||
| Nays 8. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 875 passed the House, with | ||
| amendments, on May 25, 2011, by the following vote: Yeas 78, | ||
| Nays 65, one present not voting; May 27, 2011, House granted | ||
| request of the Senate for appointment of Conference Committee; | ||
| May 28, 2011, House adopted Conference Committee Report by the | ||
| following vote: Yeas 135, Nays 7, one present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
