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A BILL TO BE ENTITLED
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AN ACT
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relating to enforcement of certain regulations by the acquisition |
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of a conservation easement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 183, Natural Resources |
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Code, is amended by adding Section 183.007 to read as follows: |
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Sec. 183.007. ENFORCEMENT OF CERTAIN REGULATIONS BY |
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CONSERVATION EASEMENT. (a) Notwithstanding any other law, if the |
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application of a provision of this code, the Government Code, the |
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Local Government Code, or the Water Code, or of a rule, policy, or |
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ordinance adopted under this code, the Government Code, the Local |
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Government Code, or the Water Code, has the effect of requiring that |
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more than 55 percent of the surface area of an owner's private real |
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property, other than areas designated by the Federal Emergency |
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Management Agency as being in the 100-year floodplain, remain in a |
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natural or undeveloped state, the statute, rule, policy, or |
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ordinance may not be enforced with respect to the property unless |
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the enforcing entity acquires a conservation easement in accordance |
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with this chapter that provides for the enforcement of the statute, |
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rule, policy, or ordinance with respect to the property. |
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(b) If the enforcing entity has eminent domain authority |
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that is broad enough to allow the entity to condemn a conservation |
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easement described by this section, the entity may acquire the |
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easement through the exercise of that authority. |
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(c) This section does not apply to: |
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(1) a lawful forfeiture or seizure of contraband, as |
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defined by Article 59.01, Code of Criminal Procedure; |
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(2) a lawful seizure of property as evidence of a crime |
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or violation of law; |
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(3) the authority of a municipality, county, or other |
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political subdivision, the state, or an agency of the state with |
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respect to the implementation or enforcement of a statutory |
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standard of or an ordinance or rule adopted under: |
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(A) the federal Coastal Zone Management Act of |
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1972 (16 U.S.C. Section 1451 et seq.); or |
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(B) Subtitle E, Title 2; |
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(4) a permit, order, rule, or other action issued, |
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adopted, or undertaken by a municipality, county, or other |
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political subdivision, the state, or an agency of the state in |
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connection with: |
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(A) the federal Coastal Zone Management Act of |
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1972 (16 U.S.C. Section 1451 et seq.); or |
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(B) Subtitle E, Title 2; |
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(5) the enforcement or implementation of Subchapter B, |
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Chapter 61, as it existed on September 1, 1995, or to the |
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enforcement or implementation of any rule or similar measure |
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adopted under that subchapter and in existence on September 1, |
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1995; or |
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(6) an action taken by a political subdivision to |
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ensure compliance with on-site sewage facility regulations |
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promulgated by the Texas Commission on Environmental Quality. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |