Bill Text: TX SB875 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
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-Comm_Sub.html
By: Fraser | S.B. No. 875 | |
(In the Senate - Filed February 23, 2011; March 1, 2011, | ||
read first time and referred to Committee on Natural Resources; | ||
March 28, 2011, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 6, Nays 2; March 28, 2011, | ||
sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 875 | By: Fraser |
|
||
|
||
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 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 general 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. | ||
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. | ||
* * * * * |