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.