BILL ANALYSIS
C.S.H.B. 1059
By: Chisum
April 13, 1995
Committee Report (Substituted)
BACKGROUND
Before granting a permit, some commercial facilities are required
to show the permitting agency that there are no residences,
schools, child care facilities or churches in the areas adjacent to
the facility. For example, before the Texas Natural Resource
Conservation Commission (TNRCC) will issue a permit to a facility
that handles hazardous waste, the permit applicant must demonstrate
a 1/2 mile buffer zone.
However, nothing prevents a residence, school, child care facility
or church from moving into a buffer zone. In instances such as the
East Austin Tank Farm, and the Holly Street Power Plant in Austin,
the facilities were constructed on the outskirts of town, but
people later called the buffer zones home, and then pressured the
facilities to move away.
In the interim of the 73rd Legislature, House Speaker Pete Laney
instructed the House Committee on Environmental Regulation to
inquire into the land use concerns surrounding buffer zones. The
interim committee recommended that a notice be filed in the deed
records of any buffer zone after a permit is issued. By taking
this step, any person wishing to move a home into a buffer zone
will be on legal notice that a commercial permit requires a land
use regulation via a buffer zone. The person can then make a fully
informed decision whether they wish to move into the buffer zone.
PURPOSE
To give legal notice of the existence of a land use regulation
before a person moves into an area which is already regulated.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1 Chapter 26 of the Water Code, which currently requires
the TNRCC or the Texas Water Development Board to issue
regulations to ensure the quality of groundwater and
surface water, is amended by adding Subchapter K as
follows:
Sec. 26.541. (a) The purpose of this section is to
provide notice of potential purchasers of property that
the property in question is located within a buffer
zone, but the existence of the buffer zone does not
raise environmental or health and safety concerns
because existing siting requirements are sufficient to
address these concerns.
(b) Any permit holder may file notice in the deed
records of any land located in a buffer zone required
by the permit, and the notice must include the
following:
(1) a statement that all of the land is located in
a buffer zone; and
(2) the permit number.
(c) Provides an affirmative defense from allegations
of devaluation of property if a holder of a permit files
notice of a buffer zone in the deed records of
surrounding property.
(d) This section does not apply to property owned by
the permit holder.
(e) "Buffer zone" is defined as real property that is
required by the commission to seperate the activity,
facility, or equipment from other persons or property
and free of activities covered by the permit. "Permit"
is an authorization by licanse, permit, certificate,
registration, or other premission to engage in a
particular activity.
SECTION 2 Subchapter D, Chapter 27 of the Water Code, which
currently allows the TNRCC to ensure the quality of
water resources by using permitting, is amended by
adding the following:
Sec. 27.057. (a) The purpose of this section is to
provide notice of potential purchasers of property that
the property in question is located within a buffer
zone, but the existence of the buffer zone does not
raise environmental or health and safety concerns
because existing siting requirements are sufficient to
address these concerns.
(b) Any permit holder may file notice in the deed
records of any land located in a buffer zone required
by the permit, and the notice must include the
following:
(1) a statement that all of the land is located in
a buffer zone; and
(2) the permit number.
(c) Provides an affirmative defense from allegations
of devaluation of property if a holder of a permit files
notice of a buffer zone in the deed records of
surrounding property.
(d) This section does not apply to property owned by
the permit holder.
(e) "Buffer zone" is defined as real property that is
required by the commission to seperate the activity,
facility, or equipment from other persons or property
and free of activities covered by the permit. "Permit"
is an authorization by licanse, permit, cretificate,
registration, or other premission to engage in a
particular activity.
SECTION 3 Subchapter C, Chapter 361 of the Health & Safety Code
which currently requires the TNRCC to regulate hazardous
and non-hazardous waste, is amended by adding Section
361.116 as follows:
Sec. 361.116. (a) The purpose of this section is to
provide notice of potential purchasers of property that
the property in question is located within a buffer
zone, but the existence of the buffer zone does not
raise environmental or health and safety concerns
because existing siting requirements are sufficient to
address these concerns.
(b) Any permit holder may file notice in the deed
records of any land located in a buffer zone required
by the permit, and the notice must include the
following:
(1) a statement that all of the land is located in
a buffer zone; and
(2) the permit number.
(c) Provides an affirmative defense from allegations
of devaluation of property if a holder of a permit files
notice of a buffer zone in the deed records of
surrounding property.
(d) This section does not apply to property owned by
the permit holder.
(e) "Buffer zone" is defined as real property that is
required by the commission to seperate the activity,
facility, or equipment from other persons or property
and free of activities covered by the permit. "Permit"
is an authorization by licanse, permit, cretificate,
registration, or other premission to engage in a
particular activity.
SECTION 4 Subchapter C, Chapter 382 of the Health & Safety Code
which currently requires the TNRCC to implement the
Texas Clean Air Act, is amended by adding Section
382.065 as follows:
Sec. 382.065. (a) The purpose of this section is to
provide notice of potential purchasers of property that
the property in question is located within a buffer
zone, but the existence of the buffer zone does not
raise environmental or health and safety concerns
because existing siting requirements are sufficient to
address these concerns.
(b) Any permit holder may file notice in the deed
records of any land located in a buffer zone required
by the permit, and the notice must include the
following:
(1) a statement that all of the land is located in
a buffer zone; and
(2) the permit number.
(c) Provides an affirmative defense from allegations
of devaluation of property if a holder of a permit files
notice of a buffer zone in the deed records of
surrounding property.
(d) This section does not apply to property owned by
the permit holder.
(e) "Buffer zone" is defined as real property that is
required by the commission to seperate the activity,
facility, or equipment from other persons or property
and free of activities covered by the permit. "Permit"
is an authorization by licanse, permit, cretificate,
registration, or other premission to engage in a
particular activity.
SECTION 5 Chapter 401, Health and Safety Code, which relates to
the regulation of radioactive materials and nuclear
waste, is amended by adding Subchapter M as follows:
Sec. 401.451. (a) The purpose of this section is to
provide notice of potential purchasers of property that
the property in question is located within a buffer
zone, but the existence of the buffer zone does not
raise environmental or health and safety concerns
because existing siting requirements are sufficient to
address these concerns.
(b) Any permit holder may file notice in the deed
records of any land located in a buffer zone required
by the permit, and the notice must include the
following:
(1) a statement that all of the land is located in
a buffer zone; and
(2) the permit number.
(c) Provides an affirmative defense from allegations
of devaluation of property if a holder of a permit files
notice of a buffer zone in the deed records of
surrounding property.
(d) This section does not apply to property owned by
the permit holder.
(e) "Buffer zone" is defined as real property that is
required by the commission to seperate the activity,
facility, or equipment from other persons or property
and free of activities covered by the permit. "Permit"
is an authorization by licanse, permit, cretificate,
registration, or other premission to engage in a
particular activity.
SECTION 6 This legislation is effective only for TNRCC permits
issued after September 1, 1995.
SECTION 7 Emergency clause.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute includes language not included in the original bill
which adds a purpose section stating that buffer zones do not raise
health and safety or environmental concerns because existing siting
requirements ensure safety. The substitute also includes an
affirmative defense from allegations of devaluation of property if
a holder of a permit files notice of a buffer zone in the deed
records of surrounding property which is not included in the
original bill. The substitute allows permissive filing of
existence of a buffer zone in deed records, but the original
requires the filing of existence of a buffer zone in deed records.
The substute applies to property located in a buffer zone if any
part of an entire tract of property is located within a buffer
zone, but the original applies to an entire tract of property if
any part of the property is located within a buffer zone. The
substitute includes buffer zones related to radioactive and nuclear
waste, which the original bill does not. The provisions in the
substitute do not apply if the property located in a buffer zone
are owned by the permit holder, but the original bill has no such
provision.
SUMMARY OF COMMITTEE ACTION
H.B. 1059 was considered by the committee in a public hearing on
February 21, 1995.
The following person testified in favor of the bill:
Representative Warren Chisum.
The committee considered a complete substitute for the bill. The
substitute was adopted by a record vote of 7 ayes, 0 nays, 0 pnv,
2 absent.
The bill as substituted was left pending.
H.B. 1059 as substituted was considered by the committee in a
formal meeting on April 6, 1995.
The vote by which the committee substitute to H.B. 1059 was adopted
was reconsidered without objection.
The substitute was withdrawn without objection.
The committee considered a complete substitute for the bill. The
substitute was adopted without objection.
The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed, by a record vote of
7 ayes, 0 nays, 0 pnv, 2 absent.