Bill Text: TX HB3087 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the condemnation of conservation easements.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-04-22 - No action taken in committee [HB3087 Detail]
Download: Texas-2013-HB3087-Introduced.html
By: Workman | H.B. No. 3087 |
|
||
|
||
relating to the condemnation of conservation easements. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 21.0122, Property Code, is hereby | ||
established as follows: | ||
The application of any law, rule, policy, ordinance or | ||
regulation promulgated under the Government Code, Local Government | ||
Code, Water Code OR Natural Resources Code that has the effect of | ||
requiring that more than 50% of the surface area of an owner's | ||
private real property remain in a natural or undeveloped state, | ||
exclusive of the 100-year floodplain as determined by agencies of | ||
the United States government, is a conservation easement, the | ||
establishment and enforcement of which will require: | ||
(a) the consent of the owner under Chapter 183 of the | ||
Natural Resources Code; or | ||
(b) the exercise of the power of eminent domain under | ||
this Chapter. | ||
SECTION 2. Section 1 does not apply to the following | ||
governmental actions: | ||
(a) a lawful forfeiture or seizure of contraband as | ||
defined by Article 59.01, Code of Criminal Procedure; | ||
(b) a lawful seizure of property as evidence of a crime | ||
or violation of law; | ||
(c) the authority of a municipality, a county, another | ||
political subdivision, the state, or an agency of the state, with | ||
respect to the implementation or enforcement of an ordinance, a | ||
rule, or a statutory standard of a program, plan, or ordinance that | ||
was adopted under: | ||
(1) the federal Coastal Zone Management Act of | ||
1972 (16 U.S.C. Section 1451 et seq.); or | ||
(2) Subtitle E, Title 2, Natural Resources Code; | ||
(d) a permit, order, rule, regulation, or other action | ||
issued, adopted, or undertaken by a municipality, a county, another | ||
political subdivision, the state, or an agency of the state in | ||
connection with: | ||
(1) the federal Coastal Zone Management Act of | ||
1972 (16 U.S.C. Section 1451 et seq.); or | ||
(2) Subtitle E, Title 2, Natural Resources Code; | ||
or | ||
(e) the enforcement or implementation of Subchapter B, | ||
Chapter 61, Natural Resources Code, as it existed on September 1, | ||
1995, or to the enforcement or implementation of any rule or similar | ||
measure that was adopted under that subchapter and was in existence | ||
on September 1, 1995. | ||
(f) 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 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, 2013. |