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Senate Bill 875 |
Senate Author: Fraser |
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Effective: 6-17-11 |
House Sponsor: Hancock et al. |
Senate Bill 875 amends the Water Code to create an affirmative defense to an administrative, civil, or criminal action brought under the code against a person for nuisance or trespass arising from greenhouse gas emissions, except for a nuisance action solely based on a noxious odor, if the person's actions that resulted in the alleged nuisance or trespass were authorized by the Texas Commission on Environmental Quality or the federal government and the person was in substantial compliance with that authorization or the applicable entity exercised enforcement discretion in connection with the person's actions.