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.

Status: (Passed) 2011-06-17 - Effective immediately [SB875 Detail]

Download: Texas-2011-SB875-Enrolled.html
 
 
  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
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