S.B. No. 875

	AN ACT
	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