74R9404 MI-D
          By Turner of Coleman, et al.                           H.B. No. 389
          Substitute the following for H.B. No. 389:
          By Turner of Coleman                               C.S.H.B. No. 389
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the enforcement and transfer of conservation easements.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Sections 183.001(3) and (4), Natural Resources
    1-5  Code, are amended to read as follows:
    1-6              (3)  <"Third-party right of enforcement" means a right
    1-7  provided in a conservation easement to enforce any of its terms
    1-8  granted to a governmental body, charitable corporation, charitable
    1-9  association, or charitable trust that is eligible to be a holder
   1-10  but is not a holder.>
   1-11              <(4)>  "Servient estate" means the real property
   1-12  burdened by the conservation easement.
   1-13        SECTION 2.  Section 183.002(b), Natural Resources Code, is
   1-14  amended to read as follows:
   1-15        (b)  A right or duty in favor of or against a holder <and a
   1-16  right in favor of a person having a third-party right of
   1-17  enforcement> does not arise under a conservation easement before
   1-18  its acceptance by the holder and the recordation of the acceptance.
   1-19        SECTION 3.  Chapter 183, Natural Resources Code, is amended
   1-20  by adding Section 183.0021 to read as follows:
   1-21        Sec. 183.0021.  CONSENT TO TRANSFER.  (a)  Except as provided
   1-22  by Subsection (b), a conveyance, assignment, or other transfer of a
   1-23  conservation easement is not effective unless the instrument
   1-24  conveying, assigning, or otherwise transferring the easement
    2-1  includes the written consent of each person who, at the time of the
    2-2  transfer, is an owner of the servient estate.
    2-3        (b)  If the instrument creating a conservation easement
    2-4  provides that the easement may be transferred, that easement may be
    2-5  transferred without the consent required by Subsection (a).
    2-6        SECTION 4.  Section 183.003(a), Natural Resources Code, is
    2-7  amended to read as follows:
    2-8        (a)  An action affecting a conservation easement may be
    2-9  brought by:
   2-10              (1)  an owner of an interest in the real property
   2-11  burdened by the easement;
   2-12              (2)  a holder of the easement; or
   2-13              (3)  <a person having a third-party right of
   2-14  enforcement; or>
   2-15              <(4)>  a person authorized by some other law.
   2-16        SECTION 5.  The changes in law made by this Act apply only to
   2-17  a conservation easement created on or after September 1, 1995.  A
   2-18  conservation easement created before that date is governed by the
   2-19  law that applied to that easement on August 31, 1995, and that law
   2-20  is continued in effect for that purpose.
   2-21        SECTION 6.  This Act takes effect September 1, 1995.
   2-22        SECTION 7.  The importance of this legislation and the
   2-23  crowded condition of the calendars in both houses create an
   2-24  emergency and an imperative public necessity that the
   2-25  constitutional rule requiring bills to be read on three several
   2-26  days in each house be suspended, and this rule is hereby suspended.